Member of Parliament for Kuwadzana East Charlton Hwende says he was illegally arrested as he had not passed through immigration when he was arrested by members of the police force.
Hwende through his lawyer, Harrison Nkomo put the State on notice as he intends to put a motion for refusal of remand as he was not properly arrested as is stipulated in the international law.
He is facing charges of subverting a constitutional government as defined in section 22(2) (a) (i) of the criminal law codification and reform Act also known as treason.
He was remanded to March 20 in custody with instructions to approach the High Court for all issues regarding bail pending trial as he is facing a third schedule offence.
“The accused was arrested after a Namibian airplane touched the Harare International airport. Technically the accused had not yet entered Zimbabwe and he did not present himself to Zimbabwe immigration,” he said adding that this was illegal under the international law,” said Nkomo.
Nkomo also told the court that Hwende’s rights were further violated as he was not informed about the charges against him during the time of his arrest.
Prosecuting, Charles Muchemwa said the State would investigate the complainants raised by Hwende and his counsel.
Allegations are that during the period extending from December 28, 2018 to December 31 Hwende posted on his twitter handle messages that in their nature had the effect of inciting the people to revolt against the government both in his personal capacity as well as an MDC MP.
Hwende will apply for a bail pending trial at the High Court as he is facing a third schedule offence.