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Mahere Rubbishes Madhuku's Advice To "Dialogue With ED" Says "Bail Is A Constitutional Right"

Mahere Rubbishes Madhuku's Advice To

Opposition Citizens Coalition for Change (CCC)‘s national spokesperson, Fadzayi Mahere has rubbished advice by Professor Lovemore Madhuku for the party to dialogue with President Emmerson Mnangagwa to secure bail for Job Sikhala.

What Madhuku said:

Commenting on the prolonged detention of Job Sikhala (Zengeza West MP), Godfrey Sithole (Chitungwiza North MP) and 13 Nyatsime residents, Madhuku said they were victims of their party’s refusal to participate in the national dialogue.

They were arrested and jailed in June over the 14 June 2022 violence which erupted during the funeral wake of slain Moreblessing Ali, a CCC activist. Madhuku told Citizens Voice Network recently:

They’re now victims of their own political party that refuses to dialogue. That refused to be part of POLAD. I think that if there were issues to do with the perception which is strongly coming out that this is political perception, what would stop the party to which they belong from having an audience with the president? The role of the president there is not to interfere with the courts but it would be to engage with the National Prosecuting Authority (NPA)… The NPA is the one who would consent to bail, make arrangements for an early trial and so on. Every political leader ought to know that these issues are political… Job Sikhala, Sithole and Nyatsime people are now victims of the failure by their party to know that Politics is about engagement. 

Pindula News earlier posted the video in which Madhuku speaks on the matter. In response to Madhuku’s advice, Mahere said bail was a Constitutional right and should never be politicised. She said:

But @ProfMadhuku, is this the Constitutional Law that you taught us? Does the presumption of innocence fall away because one is CCC? What remains of the rule of law if bail is obtained by “political negotiation” whatever that means? Is demanding constitutionalism “arrogant”?

So we are supposed to humble ourselves & beg ED for citizens to be released, then ED calls the judges & tells them to grant bail? Is that how it works? Ityai Mwari. [Fear God].

It would set a dangerous precedent if the right to bail for CCC members became a political question as opposed to a constitutional one. CCC members should be granted bail per the Constitution like Wadyajena did. It can’t depend on negotiating with ED or holding a mass protest.

Whether or not you like the CCC, don’t weaponize the law against opponents or gamble with Constitutional rights as a bargaining chip. That’s not the way of constitutionalism. Values matter.

Ask people who have left the regime. They will tell you that it’s integral for every person to have equal protection of the law, even when they’re not in favour with political elites. The right to equal protection of the law despite your political affiliation is sacrosanct.

Constitutionally, the judiciary is independent. Their high offices must be respected. Politicians have no right to interfere with the work of judicial officers. For any person to suggest that this is what should happen is regrettable & offensive to constitutional democracy.

The Constitution is supreme – over politicians, over personal opinions & over our like or dislike of any person. In the new Zimbabwe, constitutional rights will be respected even as against our political opponents or unpopular litigants. That’s the essence of the rule of law.

Some Context:

The CCC party morphed from the MDC Alliance which has since 2019 been refusing to join the Political Actors Dialogue (POLAD) platform initiated by President Mnangagwa to “find solutions to the country’s socio-economic and political crises”.

MDC Alliance has been arguing that the platform was only meant to legitimise Mnangagwa whom they accuse of conniving with the Zimbabwe Electoral Commission (ZEC) to manipulate the 2018 presidential election.

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35 Comments

Gaffer ✪ω✪ 2 weeks ago

i personally don't listen to prostitutes


tongwai 2 weeks ago

bambo pimp munhu ano sponser **** rake nezvaroda rionekere oripa security risatemerwa mahara...oriisa pa street otora profit

Da Truth 2 weeks ago

So if every woman is a pimp so is yo wife,mother,sister and aunt bcz to u everyone with breasts is a pimp .Never judge something from heresy .💝💝☝️☝️☝️💝🥰🥰🥰🥰🥰❤️🧡💛💚💙💜♥️💝💖💓💗💞💕💌❣️💟💋🧖

Patriot 2 weeks ago

That explains why you don't listen to your mother.

Thor 2 weeks ago

ko mkadzi wako unomuteerera wani


Asalif 2 weeks ago

Mkadzi wako can deny you bonde ukaita zvenharo its rape

pk 2 weeks ago

no bail for serial offenders, also he isn't the only one being denied bail.


Advocate Richcracy 2 weeks ago

That's the fact at all

Da Truth 2 weeks ago

@pk yo hatred against a person who is Innocent will haunt you one-day what goes around comes around .Never celebrate the fall of an innocent person bcz he is CCC and u are pro Zanupf . There's God in heaven .💖

2 weeks ago

Wakaseterera mukadzi wako urikuraramirei hako panyika ,munhukadzi brain dzake dzoshandisa hakuna gaffer rakadaro ,hakuna mukadzi anoda kutambura nekuzviitisa the opposite is true kwauri gaffer


Da Truth 2 weeks ago

Each case is different in front of the law but to mbiresaurs or dinosaurs it's selective.


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Chidhongi 2 weeks ago

Mai vako unoterera wani


cde chipopi 2 weeks ago

imi vanhu ka musatukana zvisingaiti pano imi. Job Sikhala I gamba riye. Dai CCC yanga iine ma radicals akadero , change dai yakasouya kare but it's unfortunate ndiye ega ne vamwe 1 or 2. Haavhunduke chinhu Job Sikhala . Kunyange akabuda uningonzwa futi achitaura nyobvo against the regime


Da Truth 2 weeks ago

Job Sikhala ndiye asara panamhare dze CCC tose tozviziva isu ndosaka achiiswa mugomba to silence him he is a man of action not words ,Learmore Jongwe,Isaac Matongo,Jonh Makumbe,ndozvibaba zvacho simbi dzakawonda .His group he is the last line rider hates of the guru .JOB SIKHALA THE MAN haapfeki bra nekuti anzii pfeka na president Sana vamwe Vaya be polad.

Billey 2 weeks ago

Haatauri nyobvo but the truth, chokwadi ndochinosungisa kuZanu bcoz mafollowers eZanu anorarama nokunyepera macitizen

Hoza 2 weeks ago

chiero chaunoyera nacho mumwe mangwana chichakuyerawo.Zanu ichava n****ondo nerimwe zuva,ivo ana madhuku ngavarege kubatiswa zvidhinha zvinopisa


Captain Jack Sparrow 2 weeks ago

That was good advice from an expect and as always because of immaturity CCC failed to heed the call for engagement , let Sikhala suffer for the immaturity of his fellow cadres kkkkkk


Da Truth 2 weeks ago

Every Zimbabwean is suffering only Zanupf bigwigs a enjoying the day .Takapindamo mumajere shamwari . Zanupf yakaita kuti tisumbe kusvika patava nhasi .If u think one-day kuti tingas**** kwevakuru nekuti tigonzwirwa tsitsi bodo hayiiii .Vakafa vachifira chokwadi havasi vanhu here ??? Freedom comes at a price . That's the price .Gore tinouya tizaramo tose tahwinha mukarbira tiripano murikutaura munhu 1 rakawandisa muchaana

Da Truth 2 weeks ago

Job Sikhala ndiye sando yasara I love Job varume haatyii havandi haadzokeri sure .


mdara Loli pop 2 weeks ago

chamisa akatadza kubudirirs chete 2023 .Job Sikhala ndiye next president of the party kana achiri mupenyu.


chimuti 2 weeks ago

chamisa akatadza kubudirira chete 2023 . Job Sikhala ndiye anoita president of the party going forward kana achiri mupenyu


mushurugwi 2 weeks ago

maduku is talking frm experience ye both law n politics dzemu Zim


mushurugwi 2 weeks ago

madhuku is talking frm experience ye both law and politics


Maparamuro 2 weeks ago

Then deal with the courts simpuru


Maparamuro 2 weeks ago

If he is a political prisoner then Idhi has the solution if it's a criminal case then let the courts deal with it. Constitutional rights to bail do not apply to political detainees


WILLIAM SONBOY CHINEMBIRI 2 weeks ago

Muzvinafundo wemitemo, Lovemore Madhuku, has unknowingly revealed what is happening with His Excellency Advocate President ED Mnangagwa's governance systems. Bail is obtained through hook and crooks.

I am happy for Fadzai Mahere. She has embarrassed Professor Lovemore Madhuku by reversing the status quo. She became the law lecturer and Professor Madhuku the law student !!

If the advice which Professor Madhuku gave to CCC is what is actually happening for citizens to get bail, then, " Oh Help me Jehovah."

If what the former "good" Professor said is in actual fact is what His Excellency Advocate President ED Mnangagwa is doing, then this country has fallen to the dogs.

It has become worse than suffering from Tuberculosis [ TB ] or worse than Ian Douglas Smith's regime. Rhodesia Front [ RF ] regime persecuted blacks and not other whites.

[ THOMAS MAPFUMO AKAMBOTITAURIRA KUTI NYIKA YEDU YAVE MAMVEMVE, ISU TIKARAMBA ].

Yours faithfully
William Sonboy CHINEMBIRI
[ THE BUSH LAWYER ].


Doug 2 weeks ago

So the constitutional expert is trying to tell us that the prisoner is a hostage for dialogue to take place?


Dhara Racho 2 weeks ago

Kkkk zvino kana zvadai uGaffer huchabuda here? kkkk
You don't listen to prostitutes? kkkk


Doug 2 weeks ago

CCC does not qualify for POLAD membership.


Job sikhala 2 weeks ago

murikungodaro asi lm suffering inside the jail n my fellow politicians are not taking any actions l thought kt Chamisa ndiye wangu bt to my surprise akangonyarara no action my family is also suffering politics dzinouraisa n paya panonzi handei tinoita mademonstration usaenda cz unofira mahara vana Chamisa vanenge vakutuma hapana zvavanoita n anenge achida kutotichekeresa kut iye apinde pahu president manje hu president hwasiyana nehusabhuku Chamisa wandiuraisa


Leave a Comment 2 weeks ago

Free Job Sikhala..Proffessor to Hell with you Polad and the regime.Free Sithole and the "12".
Fadzi i love you.


Tateguru 2 weeks ago

I am not a lawyer and I am not into politics but what the learned Madhuku said leaves a lot to be desired. How could a professor and teacher of law say such things?
In other words he is saying the president has power to reverse court decisions.
Cry my beloved country.


Unknown 2 weeks ago

@Gaffer,you don't listen to prostitutes bcz you are gay


tt 2 weeks ago

vamwe pavanopihwa mabail munoti catch and release wani is that not double standard?


Advocate Richcracy 2 weeks ago

That's the fact fellow Advocate because we are CCC means we have to suffer the laws and engage to dialogues , they should forget and smile about this dialogue thing #2023 CCC will context as solidarity party



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