Home Crime & Courts Jailed Pastor Mawarire’s bail application judgement reserved

Jailed Pastor Mawarire’s bail application judgement reserved

by reporter263

The High Court has reserved judgment in the bail application hearing of activist Pastor Evan Mawarire who is facing charges of inciting public violence and subverting a constitutional government.

Justice Tawanda Chitapi said he is going to look at the submissions by both the state and the defence before coming up with a decision on Tuesday next week.

The state had argued that the court must not release Mawarire on bail on the basis that he may abscond, undermine investigations and the criminal justice system.

The state further stated that it is not in dispute that the video recorded by Mawarire together with Secretary General of ZCTU Peter Mutasa ignited the public violence which resulted in the destruction of property and obstruction of free movement of traffic and people.

The defence argued that the seriousness of an offence does not warrant the court to denial an applicant bail.

In trying to show that Mawarire is a good candidate for bail, his defence led by Mr Tonderai Bhatasara said Mawarire has been given bail on different occasions when he was facing similar charges and he did not abscond.

Justice Chitapi warned that Mawarire should not commit offences on the basis that he will be admitted to bail.


Subverting a constitutional government attracts a custodial sentence of up to 20 years without an option of a fine.

Section 22 of the Criminal Law Codification and Reform Act Chapter 9.23 has the provisions on the actions that constitute this offence.

Mawarire is alleged to have recorded a video in which he coerced Zimbabweans not to go to work and advocated for the shutting down of the country.

The police are yet to arrest one of his accomplices Peter Mutasa while Japhet Moyo has already appeared in court on the same charges of subverting a constitutional government.

None of the accused has been granted bail by the lower court except for minors who were released into the custody of their parents or the Department of Social Welfare.

Most of the accused persons who participated in the public violence are on trial and the state has already indicated that it is ready for trial for all the cases.

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