The case of MDC Vice-Chair and her co-accused MDC members fell apart yesterday as the magistrate removed them from remand and urged the state to put its house in order while at it. Thabitha’s lawyer Godfrey Nyoni argued that his clients were improperly before the court.
According to Section 34 of the Criminal Codification Act, the Prosecutor General was supposed to have authorised the prosecution of the accused. That authority was never sought and the accused were actually brought to court when they had not committed any crime. The accused only peacefully distributed fliers and the State was never prejudiced by their actions
The state, however, said it will proceed via summons if the need arises. Thabitha and the other members were arrested on 17 August as they were distributing fliers for the Free Zimbabwe Campaign protests that were scheduled for Bulawayo that week.
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