A Harare Magistrate today removed Tajamuka National Spokesperson, Promise Mkwananzi from remand. Mkwananzi was being charged for using a cellphone while driving and failure to comply with police orders.
By Tinashe Nyatsoka
In her ruling Ms Sabarauti said “the court has found no reasonable grounds to keep the accused person on remand after analysing both submissions made by the defence counsel and the state counsel”.
She went on to say “ the state failed to build its case against the accused person, and the state will not suffer prejudice if the accused person is removed from remand but it is the accused who will suffer prejudice if he is kept on remand because the charge he is facing is non-existent”
The magistrate revealed to the court that from the onset the conduct of the Police officers manning the roadblock was unlawful since the law provide for a driver of a motor vehicle to produce a driver’s licence upon being asked by the police or any law enforcement authority.
If he or she fails to do so on the spot, the driver must produce it at any police station within seven working days.
Mkwananzi was brought before the courts on allegations of using a cell phone while driving (the charge which was withdrawn owing to the precedent set by High Court Judge Francis Bere in 2012).
The second charge was of failure to comply with Police orders at a roadblock.
Mr. Kudzai Kadzere appeared for the defence counsel while Miss Nyagano appeared for the state.
