Live Updates on Pastor Evan Mawarire’s case at the High Court

Pro-democracy activist and #ThisFlag Founder Pastor Evan Mawarire is set to appear before High Court judge Justice Priscilla Chigumba today. He is accused of plotting to overthrow President Robert Mugabe’s government and has been charged with two counts of subverting a constitutional government as defined in section 22 (2) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 or alternatively incitement to commit public violence as defined in section 187 (1) (a) as read with Section 36 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.

The state alleges that Mawarire incited the people to revolt against President Robert Mugabe by calling for demonstrations last year. Pastor Evan is also facing charges of organising demonstrations against Mugabe at a United Nations general assembly meeting in New York in a bid to end the Zanu PF leader’s rule illegally.

Section 22 (2) (a) of the Criminal Law (Codification and Reform) Act reads:

Any person who, whether inside or outside Zimbabwe
(a) organises or sets up, or advocates, urges or suggests the organisation or setting up of, any group or body with a view to that group or body
(i) overthrowing or attempting to overthrow the Government by unconstitutional means; or
(ii) taking over or attempting to take over the Government by unconstitutional means or usurping
the functions of the Government; or
(iii) coercing or attempting to coerce the Government;

…shall be guilty of subverting constitutional government and liable to imprisonment for a period not exceeding twenty years without the option of a fine.

Section 187 (1) (a) of the Criminal Law (Codification and Reform) Act reads:

Any person who, in any manner, communicates with another person
(a) intending by the communication to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment;

shall be guilty of incitement to commit the crime concerned.

And Section 36 (1) (a) of the Criminal Law (Codification and Reform) Act reads:

Any person who, acting in concert with one or more other persons, forcibly and to a serious extent
(a) disturbs the peace, security or order of the public or any section of the public;…

….intending such disturbance or invasion or realising that there is a real risk or possibility that such disturbance or invasion may occur, shall be guilty of public violence and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.

We will be updating this page throughout the proceedings.

At the high court. Always hopeful that our laws will prevail over this insanity. #FreePastorEvan #ThisFlag pic.twitter.com/PaO3lPoMZL

— Nyasha Musandu (@NMusandu) September 25, 2017

• Pastor Evan is in court A at the Harare High Court. Still Waiting
• Trial Commences
• Pastor Evan Mawarire pleads not guilty
• Mawarire’s charge sheet has 26 pages 
• Some of the people who have come in solidarity with Pastor Evan include, MDC-T Vice President Nelson  Chamisa, prospective legislators, Vimbaishe Mushaburi, Linda Masarira, activist Patson Dzamara.
• The State wants Pastor Evan Mawarire to be remanded in custody after his latest arrest on Sunday.
• The Court has been briefly adjourned to allow the judge time to consider whether or not Pastor Evan Mawarire’s bail should be forfeited to the state after his latest arrest.
• Trial now adjourned to 2 pm.   The trial will come first followed by bail hearing. 
•  Justice Patricia Chigumba dropped bail conditions and said Pastor Mawarire would face trial while living at his home, pending the finalization of charges laid against him of attempting to subvert a constitutionally-elected government and inciting public violence last year.
• Mawarire is yet to appear in court on fresh charges and will likely remain in detention until his case is brought to court, in order to comply with the law which does not allow the state to detain a person for more than 48 hours.