Jacob Ngarivhume third freedom bid fails

SENIOR regional magistrate Trynois Utahwashe says releasing Transform Zimbabwe leader and convener of the 31st July Movement Jacob Ngarivhume will endanger public safety and peace.
Utahwashe, who declined granting Ngarivhume bail on his third attempt, said the courts were impartial and only dealt with the law, not politics.
Ngarivhume, who is facing allegations of inciting people for the July 31 demonstration, had approached the court for bail on changed circumstances after two earlier attempts failed to secure his freedom.
He argued that the July 31 date constituted a change in circumstances which the magistrate concurred with, but ruled that the objective was not only the demonstration, but forming a coalition with those who agree with him for what is known as the 31st July Movement.
The State had argued that nothing had changed as the date gave birth to the 31st July Movement and that Ngarivhume’s colleagues such as MDC Alliance deputy chairperson Job Sikhala had continued posting videos saying they would continue with protests.
The State also argued that objectives of the demonstration to remove President Emmerson Mnangagwa from office had not been met.
Referring to his alleged third tweet which made reference to “this is no longer politics, but a matter of life and death” which will only end if Mnangagwa ceases to be president, the State argued that this shows that Ngarivhume would not stop in his quest to realise the objective of the movement.
The State said if it was politics he would wait for 2023 elections. Ngarivhume’s lawyer Moses Nkomo argued that the July 31 date had passed without violence as feared by the State when he initially appeared in court and that the opposition of bail was premised on the call for the demonstration.
He argued that the day passed with a few arrests, with seven people, including MDC Alliance spokesperson Fadzai Mahere and six others, who were all admitted to bail and that this should also apply to Ngarivhume.
He said there is no other planned demonstration by his client and the fears by the State were no longer applicable.
He further stated that Ngarivhume had learnt his lesson as far as organising demonstrations is concerned, which makes him wiser.



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