Justice Ndou’s setting aside of Ruwetsa’s ruling came after Mavhudzi’s lawyers Lizwe Jamela and Nosimilo Chanayiwa of Zimbabwe Lawyers for
Human Rights (ZLHR) appealed to the High Court challenging Magistrate Ruwetsa’s decision to deny Mavhudzi bail.
In their application, the ZLHR lawyers argued that Ruwetsa erred and misdirected himself when he denied bail to Mavhudzi.
Ruwetsa had on 16 March denied bail to the 39 year-old Magwegwe resident, who is facing charges of subverting a government by
unconstitutional means over a comment he allegedly made on Prime Minister Morgan Tsvangirai’s facebook page.
In dismissing Mavhudzi’s bail application, Ruwetsa said he based his decision on public security and “what happened in Egypt is a reality”.
But the quashing of Ruwetsa’s ruling means that Mavhudzi has been admitted on bail.
Mavhudzi was arrested in Bulawayo last month for reportedly expressing his approval of the protests in Egypt that led to the resignation of Hosni Mubarak as president.
According to the State, on 24 February 2011, Mavhudzi “unlawfully or suggested” to Prime Minister Tsvangirai “the taking over or taking
over or attempt to take over the Government by unconstitutional means or usurping the functions of the Government, that is to say he sent an
e-mail to Morgan Tsvangirai saying: ‘I am overwhelmed, I don’t want to say Mr. or PM what happened in Egypt is sending shockwaves to
dictators around the world.
No weapon but unity of purpose worth emulating, hey’.”