via D-day for Sunday Mail editor | The Zimbabwean 3 July 2014 by Sofia Mapuranga
High Court judge, Justice Easter Muremba, is today expected to rule on the bail application by the Sunday Mail editor, Edmund Kudakwashe Kudzayi, 28, who is being charged with subverting a constitutional government or, alternatively, insurgency, banditry, sabotage or terrorism.
Kudzayi is also charged with contravening Section 28(2() of the Firearms Act, Chapter (10:09) for allegedly failing to secure ammunition.
Kudzayi’ s lawyer, Admire Rubaya, last week filed a 92 paged bail application which the State counsel, Chief Law officer Tawanda Zvekare said was lengthy and required time for prosecution to study.
On Tuesday, the State filed its response to the bail application although Zvekare could not disclose its heads of arguments since the matter was “still sub judice”.
Kudzayi is alleged to have, sometime in April last year, connived with his elder brother, Phillip, and others still at large and “hatched a plan to overthrow the government by unconstitutional means” in the run-up to July 31 general elections.
The State alleges that Kudzayi planned and organised with some of his colleagues calling themselves, The Gunda Nleya Brigade and Zimbabwe Revolutionary Army, to overthrow the government “through waging a war”.
Pursuant to their plans, it is alleged, Kudzayi, posted articles on the Baba Jukwa Facebook page, which reportedly encouraged rebellion against the government if the July 31 general elections were rigged.
Kudzayi and his group further posted articles on social networks to the effect that they had a war committee in place and that a team was on the ground studying and monitoring the situation in Zimbabwe.
On May 11 this year, the Sunday Mail editor, according to the State, published a story about the alleged true identity of Baba Jukwa titled “Hackers unmask Baba Jukwa” which implicated two journalists based in South Africa who correspond for The Zimbabwean newspaper.
The two, Mxolisi Ncube and Mkhululi Chimoio, however, denied any links to the faceless Facebook character.
Police investigations indicate that Kudzayi was in control of Baba Jukwa’s Gmail account as his details were on the recovery panel of the same account.
His brother, Phillip, who was arrested recently, has also been advised to apply for bail at the High Court, while police say they are hunting for 10 other alleged accomplices, among them the editor of The Zimbabwean, Wilf Mbanga, and his wife, Patricia.
A 20-year old University of Zimbabwe (UZ) economics student, Romeo Musemburi, who allegedly called on Baba Jukwa to supply guns for a revolt, this week surrendered himself to the police and has been taken to court.
He is being held in custody pending a bail application at the High Court.
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