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Former Zanu PF Mashonaland Central Youth chairperson Godfrey Tsenengamu has been remanded in custody by Harare magistrate Ngoni Nduna pending his ruling on whether to grant him bail after the State opposed his admission to bail, Saturday.
Nduna told the court that he will be able to hand down his ruling on Monday October 12, 2020 after going through all the submissions made during his bail hearing.
Tsenengamu was hauled to court after surrendering himself to the police on Friday morning after making a report that he feared for his life after unknown people followed him wherever he went.
He is facing charges of inciting public violence by contravening section 187 (1) (a) or alternatively section 187 (1) (b) of the Criminal Law (Codification and Reform) Act Chapter 9:23.
The State led by prosecutor Lancelot Mutsokoti told the court that his charge attracted a custodial sentence which would induce him to avoid the consequences if convicted.
The state also alleged that Tsenengamu was yet to accomplish his mission and has vowed to continue conducting unlawful demonstrations with his other accomplices who are still at large.
This was further buttressed by the investigating officer Detective Assistant Inspector Clifford Mugaviri from CID Law and order who added that during police interviews, Tsenengamu told them that unknown people were following him day and night and hence remanding him in custody will be good for his own security.
Mugaviri told the court that the police were in possession of audio and video evidence of him inciting the public to engage into violent protests and inciting words were uttered in those.
“From July 31 and beyond you must know that people will die as never previously witnessed in this country. Masses will be beaten heavily; thievery and corruption will increase to unprecedented levels…Boys and girls who are in the Diaspora with parents in the country encourage your parent to attend the protests in their numbers and fight for themselves, fight for you and fight for the country as you are being oppressed in the Diaspora where you are based, so that you will be able to come to them…,” Tsenengamu said.
He is also accused of tweeting the following using the account @Godfrey Tsenaz: “I am not sure about the results of this approach. Anyway Zimbabwe must win. The green revolution is saying corruption and looting must fall 31st July 2020.”
“Some ZANU PF and MDC politicians who are Archbishops and bishops of corruption respectively must find another day for their fight and not spoil 31st. Toxic politics has divided and polarized us…”
Mugaviri told the court that despite Tsenengamu surrendering himself to the police, he could now abscond as he is now aware of why police were after him thus there were compelling reasons t0 deny him bail
Advocate Harrison Nkomo who represented Tsenengamu said the State had nothing compelling in denying him bail.
“Compelling reasons should be forceful and convincing as to make the court feel very strongly that the applicant should not be released on bail. So far nothing compelling has been placed before the court,” he said.
He further dismissed the State’s argument that he be detained for his own security by labelling their argument disingenuous
Nkomo said Tsenengamu voluntarily surrendered himself to the police and there is no likelihood of absconding and that the State had failed to supply evidence that if released he would continue inciting violence if released on bail.
He also down played the allegation that the borders were porous such that even if he were to surrender his passport, Tsenengamu would flee out of the country by asserting that the porosity of our borders should not be held against his client.
Nkomo reiterated that the State was denying him bail yet journalist Hopewell Chin’ono, MDC Alliance’s deputy chairperson Job Sikhala and Jacob Ngarivhume who faced the same charges were granted bail.
“All their charges were related to July 31. No good and sufficient reason exists to differentiate Tsenengamu from Chin’ono, Ngarivhume and Sikhala. Tsenengamu surrendered himself to the police while Chin’ono and Ngarivhume were arrested at their houses while Sikhala was arrested at a certain place. This is the only factor that distinguishes him from the rest,” he said. Nhau/Indaba
