Does the state have a case against Mawarire?
Mawarire outside the CID offices Harare early Tuesday morning
TO those who might have not seen the earlier post in this publication, the architect of #thisflag campaign Pastor Evan Mawarire has been charged for Inciting Public Violence under section 187 read together with section 36 of the
CRIMINAL LAW(CODIFICATION AND REFORM) ACT [CHAPTER 9:23].
The charge implies that a person who has been accused must have in someway inspired a person or persons to engage in an unlawful behavior of public violence. just as the term suggests, the violence has to be in a public place. It is not of importance on whether the individuals taking part in the violence are at what state, what’s important is that their actions must have been influenced by the one who incites. The question therefore now is, did Mawarire incite violence or he publicly denounce violence? For the state to succeed in this case, they will have to prove that in whatever messages that have been sent by the #thisflag forerunner there is an element of incitement, encouraging the public to act violently in their protests.
Although this would be the duty of the court, which we respect. This arrest is of public interest and such it is lawful for people to also come up with their public opinions in regards to the issue.
This publication also serving as the forum for dissemination of information to the public is allowed to express its views through its correspondents as protected by section 61 of the Constitution of Zimbabwe which allows the Freedom of expression and the Freedom of the Media.
As such, it would be the objective of this publication to always keep in touch with the up to date developments in the case of Mawarire in regards to allegations leveled against him. Since it has not been brought before the court of law, it would be of no necessity to start pre-emptying the possible arguments that might be presented by both parties.
However, the public eagerly awaits to see whether there would be enough evidence that can be said to be proof beyond reasonable doubt linking Mawarire with all the public violence that has rocked the nation or they were protests of frustration without any incitement.