MDC Alliance legislator for Harare West, Joana Mamombe on Friday filed an urgent chamber application challenging her detention.
Last week Thursday, Harare regional magistrate Bianca Makwande placed her in the custody of the superintendent at Harare remand prison who is supposed to be assessing her mental health.
This came after the State had requested that she must be assessed by two government doctors to ascertain if she was not faking her mental illness.
Her lawyers had told the court that she had developed some mental problems that had incapacitated here to stand trial for a case in which she is jointly charged with fellow party members, Cecilia Chimbiri and Netsai Marova of faking their abduction.
Through the Zimbabwe Lawyers for Human Rights, Mamombe wants an order for her release and the urgent hearing of the application for review of Makwande’s ruling. Citing Prosecutor-General Kumbirai Hodzi and Makwande as first and second respondents respectively, she said:
The second respondent’s decision was grossly irregular in that it amounts to a capricious and injudicious exercise of discretion which has the effect of revoking the applicant’s bail through the back door.
The second respondent’s decision is irregular in that it rubbishes options provided by statutes alleging such options as lacking transparency without providing any justifiable basis for alleging so.
Mamombe also argued that the state had taken away her bail rights. She also pointed out that magistrate Makwande had grossly erred because her decision was based on speculation.
Some analysts have said her incarceration is suggestive of diminishing democratic space in the Southern African country.
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