HIGH Court judge Justice Neville Wamambo has ordered the police to release all gadgets belonging to Zimbabwe Election Support Network (Zesn) and Election Resource Centre employees which were confiscated by the police on the eve of the August 2023 harmonised elections.
Natasha Nyamatsanga and 17 others had approached the High Court seeking the release of their gadgets which they used to collate election results during the elections.
They cited Police Commissioner-General Godwin Matanga, Home Affairs and Cultural Heritage minister Kazembe Kazembe and Prosecutor-General Loice Matanda-Moyo as respondents.
According to court documents, the applicants were on August 23, 2023, arrested for violating the Electoral Act on allegations of gathering election results with the intention of announcing them as the official ones.
At the time of their arrest, the police confiscated several items and electrical gadgets.
On June 7 this year through their lawyers, the approached the officer in charge at CID Law and Order Harare Central Police Station requesting the release of all gadgets seized from and upon the arrest of the applicants.
Their request hit a brick wall and they were advised that the gadgets would not be released as investigations were still ongoing.
The applicants sought an order that the respondents release their gadgets and that they should pay costs of suit.
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Matanga and Kazembe opposed the application and raised preliminary points that the matter was not urgent, adding that they ought to have filed an application for the disposal of the exhibits which was seized with the matter.
They argued that the police were still conducting investigations and would proceed by way of summons upon conclusion of investigations.
It was argued that the certificate of urgency did not bring to light the urgency of the matter.
Matanda-Moyo also raised the issue of lack of urgency.
She submitted that when the gadgets were seized from the applicants on August 23, 2023, the applicants did not take any action until the withdrawal of the matter.
She also submitted that the State was pursuing investigations by seeking the assistance of experts to extract information from applicants’ gadgets.
Justice Wamambo, however, disagreed with the respondents’ the lawyers.
“Clearly, the need to act arose upon the withdrawal of charges on May 30, 2024. The applicants have chronicled the efforts exerted to gather relevant documents for this application and efforts made for the gadgets to be released to them after the withdrawal of the charges,” he said.
“There was no counter argument on the version of the applicants as far as they allege they wrote to the police and approached the clerk of court.
“I find in the circumstances that applicants acted when the need to act arose and thus dismiss the preliminary point of lack of urgency as raised.”
Justice Wamambo said he, however, considered the certificate of urgency which appeared to accord with the requirements as set out in the Rules of this Court.
“I have not been referred to authority neither did I find any to the effect that an article can be kept for further investigating after the withdrawal of charges before plea,” the judge said.
“The design to withdraw charges before plea must have been made upon proper reflection. To allow otherwise would mean charges can be withdrawn and an exhibit or exhibits kept by the respondents indefinitely.
“I find in the circumstances that the application has merit. I find no reason to depart from the practice that the costs follow the result.”
The judge ordered the respondents to pay the costs for the lawsuit.
