The case of Calvin Muvheyi who is accused of inciting violence through whatsapp messages has been postponed to Wednesday after the presiding magistrate failed to appear at court.
Magistrate Nomagugu Sibanda told Muvheyi’s lawyer, Collen Maboke that she was unable to come to court until Wednesday and this means the student leader and journalist will spend two more days in jail.
Maboke had applied to court to remove his client from remand as he had no case to answer arguing that being in a whatsapp group is not an offence and the message that Muvheyi is alleged to have sent was not inflammatory at all.
Muvheyi who arrived in the country a few days ago from South Africa to pay lobola for his sweetheart appeared before Magistrate Sibanda last Saturday after being charged under Criminal and Codification Reform Act Section 187 (1) paragraph 36 without a specific offence.
Godfrey Mugondwa stood in for the state during the brief hearing of the case.
Muvheyi is said to be a member of the August 16 Masvingo WhatsApp group where he posted a message that he had been invited by the police for questioning while he was at the Masvingo Magistrates Court attending to a case of public interest.
Muvheyi was taken for questioning and according to his lawyer he was supposed to be released on the same day but it is alleged a senior cop instructed the arresting officer to take the young reporter to court since there have not been any arrests in Masvingo in connection with the forthcoming SADC summit.
Journalists who went to the police station in solidarity with the colleague on Friday left after being told that Muvheyi would be released after some a few minutes of questioning, unfortunately tables turned soon after following instructions from the senior cop.
The state is alleging that the group that Muvheyi posted his message had some people like one Kelvin Tinarwo who had earlier on posted that the public should brace up for protests especially in the rural areas during the SADC summit.
Maboke argued that, belonging to a group is not an offence and more so the accused does not belong to the said group, only that his message was shared in the August 16 group.
It is alleged that someone in the group responded by saying ‘aluta continua’.
Maboke further argued that even if Muvheyi was in the group, that in itself does not constitute an offence as the Constitution guarantees freedom of association and expression.
“Posting a message that one has been invited by the police for questioning does not constitute an offense or inciting violence in any way so, my client is innocent,” said Maboke.
The Magistrate then ruled that the bail application will only be heard on Heroes Day, which unfortunately failed to kick off.
A number of journalists including neighbours and his pregnant wife who had thronged the Masvingo Magistrates Court in anticipation of the trial walked away in dejection after the delivery of the bad news.
