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Student activist seeks freedom at High Court

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Nyasha Dube
STAFF WRITER
duben@dailynews.co.zw

INCARCERATED University of Zimbabwe student and activist Allan Moyo, who was arrested last year after allegedly calling for an insurrection against President Emmerson Mnangagwa, has approached the High Court
seeking bail.

This marked Moyo’s fourth attempt at gaining pre-trial freedom after
he was arrested on December 7 and charged with incitement to commit
violence.

He was also charged with an alternative charge of intent to promote
public violence or breach of peace after he reportedly attempted to
encourage rebellion against Mnangagwa at Copacabana bus terminus in
Harare.

He initially appeared before Harare magistrate Judith Taruvinga on
December 10 who denied him bail citing that Moyo was not a suitable
candidate.

Taruvinga said Moyo was likely to abscond from justice if granted bail
as the address he had given when he was arrested was an empty piece of
land.

Moyo, through his attorney Obey Shava, made an appeal at the High
Court against the denial of bail by the magistrate’s court.

The matter was heard before High Court Judge Justice Davidson Foroma
who dismissed the application on January 28 with the judge noting that
the application was fatally defective.

He then made a third attempt to gain freedom on changed circumstances
by filing an application at the magistrate’s court, but again it was
dismissed on February 9.

The 23-year-old student made a fourth attempt at gaining bail
yesterday when he filed an appeal against the magistrate’s decision to
deny him bail citing that the lower court had been misdirected in
denying him pre-trial freedom.

“The first ground of appeal deals with an undertaking which was made
by the appellant’s father to stay with him at his house number 14
Sandton Road, Westgate, Harare, until the matter is finalised.

“It is submitted that the undertaking made by the appellant’s father
was a changed circumstance which goes to the first factor upon which
the court denied him bail.

“The undertaking means that the accused is now a person of fixed
abode,” the application reads.

Moyo also noted that he was deserving of bail as he would not abscond,
but rather had someone, in the form of his father, who would ensure
that he obeys his bail conditions.

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