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Douglas Mahiya

Fungai Lupande : Court Reporter

Zimbabwe National Liberation War Veterans’ Association (ZNLWVA) secretary for information and publicity Douglas Mahiya was yesterday freed on $300 bail. Meanwhile, ZNLWVA secretary-general Victor Matemadanda was picked up by police outside court after Mahiya’s bail hearing. Prosecutors Mr Tapiwa Kasema and Ms Sharon Fero applied for suspension of the bail for 48 hours pending their appeal in terms of Section 121 as amended by the 2016 Criminal Procedure and Evidence Act (CPEA).The amended section of the CPEA now gives a magistrate or judge discretionary power to suspend or confirm his bail decision, but before it allowed the State to revoke bail for seven days while it appealed.

Magistrate Mr Vakayi Chikwekwe upheld his bail ruling saying the appeal does not suspend bail.

As part of his bail conditions Mr Chikwekwe ordered Mahiya to report every Monday and Thursday at CID Law and Order, Harare and to reside at his Chitungwiza house pending finalisation of the matter.

Mahiya (61), through his lawyer Mr Harrison Nkomo, notified the court of his intention to challenge placement on remand on the basis that State papers do not disclose an offence.

The matter was remanded to August 12.

The court adjourned briefly after one of the war veterans identified as Cde Shingi fell in a trance.

Zimbabwe People First leader Dr Joice Mujuru attended the court proceedings along with MDC functionaries.

Mahiya is facing charges of undermining the authority of, or insulting the President.

It is alleged that between April 2016 and July 2016 Mahiya, acting in connivance with other high-ranking national, provincial and district members still at large authored a document headlined, War Veterans communiqué on the state of Zimbabwe’s economy, the ZANU-PF party leadership and the way forward for the people of Zimbabwe, in which they allegedly made defamatory statements thereby undermining the authority of President Mugabe.

The State alleged that Mahiya created the communiqué with the knowledge and realisation that its contents may engender feelings of hostility or cause hatred, contempt or ridicule towards President Mugabe.

On July 21, Mahiya allegedly held a meeting at Raylton Sports Club and issued the communiqué to a few journalists leading to the document being published in the NewsDay newspaper, and on the Internet.

It is alleged that in an interview with an SABC reporter, the accused also denigrated the President.

On July 27, a search was conducted at the accused’s residence and copies of the communiqué were found as well documents titled Response to the President’s attack on War Veterans, which also undermined the President’s authority.