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court on proper charges of organising an illegal demonstration five years ago, a Harare magistrate ruled yesterday.
Madhuku (45) was charged for violating the Public Order and Security Act in November 2006.
This was after he allegedly mobilised NCA members to carry out an illegal demonstration in the city centre, without clearance from the regulatory authority. Yesterday Madhuku appeared before Mr Archie Wochiunga challenging the charges against him. Mr Wochiunga granted the application by the defence after hearing arguments from both the defence and State counsel.
“The accused is not properly before the court and the State has to summon him on proper charges,” ruled Mr Wochiunga.
Through his lawyer Mr Marufu Mandevere, Madhuku argued that the charges on the indictment papers were different from those on the summons. Mr Mandevere said his client was not properly before the court as he was charged with contravening section 26 (11) of POSA while on the summons he was being charged with contravening Section 26 (5) of the same Act.
Section 26 (5) of POSA Chapter 11:17, stipulates that “failure to comply with an order given by a Regulation Authority.” However, the State argued that it was necessary for them to do so because it was within their rights to amend the charges at any stage in terms of the Criminal Procedure and Evidence Act. The State also submitted that section 26 (5) of the POSA did not constitute a proper charge hence it had to be read with another section. The State also advised the court that they were ready to proceed to trial. Charges against Madhuku arose after teamed up with his NCA members and gathered at Africa Unity Square chanting slogans, singing, and waving placards. It is the State’s case that Madhuku acted unlawfully, as he did not seek authority to demonstrate.The group allegedly disturbed traffic movement in town and caused noise.