STATE FAILS TO FILE RESPONSE IN TIMBA CASE, DELAY LIKELY

The state has failed to submit its court papers in response to an application for discharge by veteran opposition leader Jameson Timba and 77 others who were detained after the state closed its case on Monday. This delay by the state may lead to yet another postponement of the case this afternoon, keeping the accused in detention for a longer period.

Jameson Timba’s son, Ndapuwa Shaun, has also filed his own separate application for discharge at the end of the state case. The ruling on these applications is expected today. However, the state’s failure to file its response on time has created uncertainty about whether the ruling will proceed as planned. On Monday at 9 am, the defense lawyers submitted their application for discharge at the close of the state’s case. The court then ordered the prosecutors, Lance Mutsokoti and Sheila Mupindu, to file their response by Wednesday, no later than 11 am. This was to allow the court to deliver a ruling today at 2:15 pm.

Despite the court’s clear instructions, the state failed to file its response by the deadline. In fact, no response was filed by the state by the end of yesterday. The state only managed to respond today, leaving the defense with the opportunity to respond orally.

Timba and the 78 others were arrested at his Downie Avenue house in Avondale, Harare, on June 16. They were accused of holding an illegal gathering “with the intent to promote violence” ahead of the recent Southern African Development Community (SADC) summit in Harare. The delay by the state has raised concerns among the defense team and the accused, as it prolongs their time in detention. The court’s ruling, which was expected today, may now be postponed because of the state’s late response. This would mean that Timba and the other accused would remain in detention for an even longer period.The defense lawyers had hoped for a swift ruling today, given that they had filed their application for discharge on time and that the court had set a clear deadline for the state’s response. However, with the state’s failure to meet this deadline, the case’s resolution is now uncertain.

This delay also highlights the challenges faced by those in detention, especially in cases involving political figures like Timba. The legal process can be slow, and any delays can result in prolonged detention, which can have serious implications for the accused and their families.

For Timba and the others, today was supposed to bring some clarity to their situation. A ruling in their favor could have meant immediate release from detention. However, with the state’s failure to file its papers on time, this clarity is now in doubt.The court is expected to hear the state’s response today, with the defense likely to respond orally. Depending on how the proceedings go, the court may decide to postpone the ruling, which would keep the accused in detention for an even longer time.

As the situation stands, the delay by the state has created a cloud of uncertainty over the case. Timba and the 77 others, who have already been in detention since June 16, now face the possibility of even more time behind bars without a clear resolution in sight. The next steps in the case will depend on how the court decides to proceed today. If the ruling is postponed, it will be a significant blow to the defense team and the accused, who have been waiting for their day in court.

The case has drawn attention because of Timba’s status as a veteran opposition leader and the nature of the charges against him and the others. The outcome of this case could have significant implications, not just for those involved, but also for the broader political landscape in the country. For now, all eyes are on the court as it decides how to handle the state’s failure to meet its deadline. Whether or not the ruling is postponed, today will be a crucial day in this ongoing legal battle.