THE court application by Norton MP Temba Mliswa (Independent) challenging his placement on remand was yesterday dismissed by a Harare magistrate.
Mliswa was arrested and arraigned before the courts for
allegedly violating COVID-19 lockdown regulations after holding a Press
conference at his home in Harare last month.
He had challenged his placement on remand saying his
residence was not a public place as prescribed by COVID-19 regulations.
The Norton legislator also said that the law was clear that
violating COVID-19 regulations pertained to gathering of people at public
places and not at residences, adding that he was addressing journalists who are
essential service workers.
Prosecutors argued that Mliswa was not conducting
Parliament business on the day he was arrested.
Harare magistrate Tafadzwa Mhiti said Mliswa had turned his
private home into a public place by inviting journalists that were strangers at
his residence.
She said the COVID-19 regulations were put in place by the
administration to stop large gatherings regardless of location.
Mliswa’s lawyer Musindo Hungwe then gave notice to make an
application for referral of the case to the Constitutional Court, saying the
court should determine if his arrest was lawful.
The matter was remanded to March 22. In an unrelated
matter, the daughter of the late prominent businessman, Victor Cohen, founder
of Waverley Blankets, yesterday appeared in court facing perjury charges.
Amanda Cohen-Berkowitz appeared before magistrate Mhiti,
who remanded her to March 23 on free bail. Newsday
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