Matombo, Michael Kandukutu, Percy Mcijo, Dumisani Ncube and Nawu Ndlovu were arrested last Sunday at Ngqondongqondo Complex in Victoria Falls when Matombo was addressing members of the ZCTU Victoria Falls District, his first stop on a tour of the country meeting the labour union’s structures by officers from the CID purportedly for failing to comply with the provision in the Public Order and Security Act (POSA) of notifying the police about an intended public meeting.
But Magistrate Ramaboea on Thursday refused to place the five ZCTU leaders on remand when they were finally brought to court Thursday morning. The unionists were finally brought to court Thursday morning after their lawyers Kucaca Phulu and Matshobana Ncube from the rights group Zimbabwe Lawyers for Human Rights (ZLHR) filed an urgent chamber application in the High Court late Wednesday seeking the release of the unionists.
The lawyers wanted the arrest and detention of the ZCTU leaders who had been in police custody for more than 72 hours without being released or taken to court to be declared unlawful and to set aside the Warrant of Further Detention which the police was relying upon to keep them in custody for such a long period.
Magistrate Ramaboea ruled that there were no sufficient facts to suggest that the five union leaders had committed an offence. The Magistrate said the meeting convened by the ZCTU in Victoria Falls was a bona fide meeting of the labour union and the police must carefully read the laws before arresting suspects.
The ZCTU lawyers said despite the release of the ZCTU leaders High Court Judge Justice Felistas Chatukuta will on Friday preside over an urgent chamber application in which the human rights lawyers want the arrest and detention of the unionists to be declared unlawful.
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