As the number of people arrested and charged with violating the provisions of the Maintenance of Peace and Order Act (MOPA) continues to increase, Zimbabwe Lawyers for Human Rights (ZLHR) has secured the acquittal of human rights defender Onai Chitakunye, who was charged with allegedly holding an unsanctioned meeting in Bindura last year.
Chitakunye, a community mobiliser and member of the Institute for Young Women’s Development (IYWD), was arrested by police on July 29, 2022, and charged with convening a meeting attended by 80 people at Mayfair Lodge in Bindura without notifying Chief Superintendent Gladman Chiparaushe, the ZRP Officer Commanding Bindura District, in writing.
She was charged for contravening Section 7(1)(b) as read with Section 5 of the MOPA and had been out on bail.
Chitakunye, represented by lawyers from ZLHR, Tinashe Chinofukutwa and Kelvin Kabaya appeared before Bindura Magistrate Joyline Mudhege on Tuesday, who found her not guilty of committing the alleged offence.
According to ZLHR, at the conclusion of the prosecution case, the magistrate discharged and acquitted Chitakunye, ruling that prosecutors failed to make a prima facie case against her because there were no essential elements proven for the offence she was charged with.
“The Magistrate ruled that no evidence had been led by prosecutors during trial upon which a court can reasonably rely on to convict Chitakunye. Magistrate Mudhege also ruled that the alleged unsanctioned meeting was exempted from the requirements of notifying police,” said ZLHR in a statement.
ZLHR said Chitakunye becomes the latest person to be rescued by the organisation among “a long list” of persons arrested and charged with contravening provisions of the MOPA Act.
Two IYWD team members who were arrested with Chitakunye last year, Sandra Zenda and Kudakwashe Munemo, were acquitted in June after standing trial on allegations of violating the MOPA Act.
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