Harare magistrate Mr Ngoni Nduna has said the statutes that MP Job Sikhala claims were abolished were resuscitated in 2016.
Mr Nduna remanded Sikhala in custody to today for his bail
application.
The State, led by Mr Lancelot Mutsokoti had told the court
that the law was still in existence and was incorporated in the new
Constitution. Mr Mutsokoti argued that the new Constitution says that the
freedom of expression excluded inciting violence, among other things.
“By reading of Section 61 of the new Constitution, one will
note that the freedom of expression and media excludes incitement to violence,
advocating of hate speech, malicious injury to reputation or dignity and
malicious and unwarranted breach of privacy.
“We submit that the charges being faced by accused are not
falling foul to the new Constitution. Under the current Constitution, the
charges have not been declared invalid and therefore it remains an offence
under the laws of the Republic of Zimbabwe.
“From the face of the Request for Remand Form, the
essential elements of the offence are abundantly clear. We have also alleged a
link between the allegations and the accused person. We are also advised that
the accused submitted that the Facebook account does not belong to him. This is
an issue for trial that we would want to prove that it belongs to him,” he
said.
The State alleges that between January 5 and 7 this year,
Sikhala published or communicated to the public through his Facebook account, a
statement which was materially false.
Sikhala allegedly wrote: “This monstrosity in our country
must end. People are already suffering through a myriad of problems and you
just take a baton stick and kill a nine-months child. We have reached a boiling
point. This year igore rezvimbokoma (this year is for fighting). Wait and see.”
The State alleges that by posting the statement, Sikhala
intended to incite or promote public disorder and violence thereby endangering
public safety.
Mahere, through her legal team of Mr Jeremiah Bamu and
David Dury, also challenged her placement on remand on similar grounds as
Sikhala.
Harare regional magistrate Mr Trynos Utahwashe is expected
to make a ruling on her application on Friday.
Mr Charles Muchemwa, appearing for the State, also
submitted the same grounds that were used when the State successfully placed
Sikhala on remand. Mahere complained of conditions she experienced in police
cells ,which she said were deplorable.
Political activist Hopewell Chin’ono will also know the
result of his challenge for placement on remand today when magistrate Mr Lazini
Ncube makes a ruling.
He is also facing allegations of publishing falsehoods
similar those that also led Sikhala and Mahere being arrested. Herald
0 comments:
Post a Comment