CCC national deputy chairperson Job Sikhala, facing a pair of trials on obstructing justice and on inciting violence, is still applying for postponements as he seeks to have the High Court and the Constitutional Court first deal with applications he has already made, or plans to make.
The applications are meant to overturn decisions made by a
pair of magistrates denying him postponements or the actual dropping of the
charges.
Yesterday in the trial on charges of obstructing or
defeating the course of justice, he wanted to take his case to the
Constitutional Court on the grounds that his constitutional rights were being
infringed during the course of the on-going court proceedings.
Through his lawyers, Sikhala indicated that he wanted the
Constitutional Court to decide whether or not his rights to equal benefit of
the law had not been violated, and whether or not he had been denied the right
to a fair hearing.
Lawyer Mr Jeremiah Bamu representing Sikhala said: “We seek
to have two questions answered by the Constitutional Court. We want the court
to determine whether or not the criminal proceedings under record ACC316/22
amount to a deprivation to equal benefit of the law or not.
“Secondly, we want the Constitutional Court to determine
whether or not the criminal proceedings amount to a denial of his right to a
fair hearing as enshrined in the Constitution.
“This court is obliged to undertake a factual enquiry and
deals with issues of facts that may arise. This is in view of the fact that the
question referred to Constitutional Court must have a factual foundation.”
Mr Bamu then called Sikhala as a witness to confirm
affidavits to be attached to his application for referral of the matter to the
Constitutional Court.
Mr Bamu is expected to submit a written application
tomorrow morning.
The State led by Mr Oscar Madhume and Mr Zebadiah Bofu, is
also expected to file opposing submissions before Harare regional magistrate
Mrs Marehwanazvo Gofa makes a ruling.
Sikhala lost his bid to have proceedings stayed in his
other trial where he is jointly charged with CCC Chitungwiza North legislator
Godfrey Sithole on charges of inciting public violence in Nyatsime.
This was after magistrate Mrs Tafadzwa Miti dismissed his
application saying there were no chances of success at the High Court on his
application for the proceedings to be indefinitely postponed pending
determination of his High Court application for review of Mrs Miti’s decision
not to recuse herself.
In dismissing Sikhala’s application for stay of
proceedings, Mrs Miti said there were no exceptional irregularities in her
ruling and her ruling did not have any bearing on the outcome of the trial.
Mr Bamu then applied for postponement of 14 days to allow
him to take further instructions from Sikhala and prepare an urgent chamber
application to be filed at the High Court.
The State led by Mr George Manokore and Mr Ephraim Zinyandu
opposed the application, saying the intention to approach the High Court on an
urgent chamber basis had no bearing on the trial.
The State had invited two witnesses, who were ready to
testify in the matter. Herald
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