State prosecution yesterday opposed an application by suspended Gweru mayor Hamutendi Kombayi to have the matter in which he is accused of sending offensive text messages to Local Government permanent secretary George Mlilo referred to the Constitutional Court (ConCourt).
Kombayi (39) of Kopje Suburb in Gweru appeared before provincial magistrate Pathekhile Msipa facing charges of violating the Postal and Telecommunications Act.
Last week, through his lawyer, Reginald Chidawanyika, Kombayi made an application to have the matter referred to the ConCourt, saying the charge violated his constitutional rights.
Presenting her arguments, State counsel Helen Khosa opposed the application, saying the case should proceed to trial.
Chidawanyika will respond to the opposition by tomorrow before Msipa makes a ruling.
The court heard that on December 24 last year Kombayi sent a message to Mlilo, which read: “I will fight you, the war begins in 2016. To hell, you are a thief … I have proof and you are a fool that does not have a diploma.”
The State further alleges that on the following day Kombayi sent another message threatening Mlilo. “Audit tells you the problem, you decide. A suicide bomb will blast you,” one of the alleged messages read.