Nhau News Online News that is accurate, reliable, trustworthy!!
Harare regional magistrate Bianca Makwande has upheld Harare West legislator Joana Mamombe’s bail reporting conditions after she had made an application to have them eased during her mental treatment programme.
Through her lawyer Aleck Muchadehama, Mamombe made the application for the easing of her bail reporting conditions which order her to report thrice per week at Harare Central Police Station’s Law and Order section.
Muchadehama submitted that they had fears that her conditions might be affected by unforeseen circumstances while undergoing treatment.
State led by Michael Reza opposed the application stating that they were basing their application on presumptions and there was need to present documentary evidence supporting their assumptions.
Makwande had earlier queried whether she had jurisdiction to hear the application as she was granted bail at the High Court.
Reza also buttressed her fear by asserting that her defence was making the application before a wrong court, citing section 126 of the Criminal Procedure and Evidence Act.
Muchadehama told her that section 121 (7) of the same Act gave her jurisdiction to which she later agreed after further research.
She, however, dismissed the application and ruled that Mamombe’s application was based on presumptions and Mamombe’s conditions could only be altered when her presumptions occur. *Nhau/Indaba*
