court.jpgHarare Magistrate, Mr. Dony Ndirowei has dismissed an application for refusal of further remand by the director of Centre for Research and Development, Farai Maguwu.

 

Maguwu is facing charges of breaching Section 31 of the Public Order and Security Act, after he allegedly published and communicated false information about operations at Chiadzwa diamond fields.

 

Lawyers representing Maguwu had applied for refusal of further remand, challenging Section 31 of the POSA saying it infringes on Section 18 of the constitution of Zimbabwe.

 

They argued that Maguwu cannot be charged under Section 31 which has been referred to the Supreme Court for adjudication in the case of State versus Constantine Chimakure and Vincent Kahiya.
 
However in his ruling, magistrate Ndirowei said Section 31 of the Public Order and Security Act still stands, adding that his court will not pre empty a Supreme Court judgment.

 

After the dismissal of the application, the three lawyers then made a lengthy bail application in which they took turns to convince the magistrate that their client, Maguwu, who is a 36 year old bachelor, is a suitable candidate for bail.

 

However, the bail application was dismissed on the grounds that there is overwhelming evidence against the accused, hence the possibility of him skipping bail.

 

Earlier, the state led by Mr. Allen Masiya, had submitted that Maguwu is facing serious allegations that can attract a maximum sentence of 20 years and thus he may abscond.

 

Maguwu has been remanded in custody to the 23rd of June.