THE High Court has granted an application for review filed by 39 war veterans who were arrested for participating in an illegal gathering to promote public violence after a lower court initially dismissed the application.
Reuben Zulu and 38 others had approached the lower court challenging the charge, arguing that it did not disclose an offence.
But Harare magistrate Barbara Mateko dismissed their application, saying they had to be subjected to trial.
Aggrieved by Mateko’s decision, the war veterans approached the High Court for review of her ruling.
The matter was reviewed by High Court judges Justices Pisirayi Kwenda and Benjamin Chikowero, who granted their application.
The judges also set aside the criminal proceedings held by Mateko from the pleading stage to exception.
“The criminal proceedings before the first respondent from the stage of the plea of not guilty entered by the applicants and the exception simultaneously taken together with the plea, be and are hereby set aside.
“The matter is remitted to the trial magistrate and shall re-commence from the stage where the charge had been put to the applicants, who understood it and had been asked to plead.
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The 39 are members of the War Veterans Welfare Pressure Group, who were charged with participating in a gathering with intent to cause public violence.
The State alleged that on October 13, 2021, the Zimbabwe Liberation War Veterans Association notified the police of its intention to hold a peaceful march in central Harare.
It further alleged that the war veterans request was turned down on October 18 on the basis that the country was still under COVID-19 level 2 lockdown, with all demonstrations suspended.
On October 26, members of the police reaction group, who were on patrol in the central business district, received information that there was a group of people gathered in Africa Unity Square, at the corner of Third Street and Jason Moyo Avenue in Harare.
The police proceeded to the place, where they engaged the accused persons, who indicated that they were war veterans and wanted to deliver a petition to Parliament and President Emmerson Mnangagwa’s Munhumutapa offices.
The ex-fighters were allegedly advised to send five representatives with the petition, but they refused, insisting that they wanted to go as a group.
On the day they were arrested, the police ordered them to disperse, but the accused persons “refused and sang revolutionary songs, disturbing peace, movement of pedestrians and motor vehicles”.
They were demonstrating over measly pension stipends of $16 000 (equivalent to US$30 at the time) per month.
