Harare Magistrate Mr Stanford Mambanje has dismissed an application by legislator Job Sikhala to have his matter referred to the Constitutional Court.
Sikhala is charged with publishing false statements
prejudicial to the State.
In dismissing the application, Mr Mambanje said if the
court finds that the application is frivolous or vexatious, it will dismiss it
but if it finds that its not, then it will refer it to the Apex Court.
“The court believes that the application is premature and
not ripe to be referred to the ConCourt,” he said.
Mr Mambanje said the court finds the application frivolous
and vexatious and therefore must be dismissed.
In his application Sikhala said he wants the ConCourt to
determine whether his rights are not being infringed when being charged with an
offence that has been outlawed by the High Court.
He said the High Court had pronounced that there is no
offence called publishing falsehoods in the country’s statutes in its judgment
where activist Hopewell Chin’ono had challenged his prosecution on the same
charges. Herald
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