Her case was repeatedly postponed by lower courts.
Masarira’s lawyers Andrew Makoni and Obey Shava, who are Zimbabwe Lawyers for Human Rights (ZLHR) members petitioned the High Court on Wednesday 21 September 2016 seeking a habeas corpus order, which is an order requiring the detained person to be released or to be brought before the court for the lawfulness of the detention to be justified and the detention to be declared illegal and ordering the detained person’s prompt release.
Masarira, who was detained at Chikurubi Female Prison after she was denied bail on 09 July 2016 at Mbare Magistrates Court, was arrested on 06 July 2016 and charged with contravening Section 38 of the Criminal Law (Codification and Reform) Act Chapter 9:23 for allegedly obstructing or endangering free movements of persons or vehicles during the #ShutdownZim2016 anti-government protests.
The pro-democracy campaigner was denied bail on the basis that she was on an outstanding warrant of arrest in another matter of which she is appearing at Mutare Magistrates Court, while nine of her co-accused persons who are currently on trial with her were all granted bail.
The warrant of arrest was issued on 06 June 2016 after Masarira failed to attend court proceedings at Mutare Magistrates Court as she was admitted in hospital after she was arrested and assaulted on 04 June 2016 during a protest held in Harare, where she dislocated her finger among other injuries. The human rights campaigner was only released from hospital on 07 June 2016.