Harare provincial magistrate Mrs Vongai Guwuriro Muchuchuti has dismissed Tendai Biti’s application for referral to the Constitutional Court describing it as frivolous and vexatious.
Biti is facing charges of manhandling Mrs Tatiana Aleshina
at the Harare Magistrates Court.
In his application, Biti blamed Zanu PF party and it’s
secretary for Finance Cde Patrick Chinamasa for infringing his rights.
He also blamed The Herald, police Commissioner General
Godwin Matanga nd Secretary for Information Publicity and Broadcasting Services
Mr Nick Mangwana for also infringing his constitutional rights from the day he
was arrested to date.
The magistrate concurred with Deputy Prosecutor General Mr
Micheal Reza’s submissions that the application was frivolous and vexatious.
The court allowed Mr Reza to put the charges to Biti.
After charges were read to him, Biti told the court that he
intends to make an application for the recusal of Mrs Muchuchuti Guwuriro from
handling the case.
The matter was deferred to Wednesday for continuation.
In his response last week, Mr Reza said an application to
the Constitutional Court is not granted at the drop of a hat.
“There have to be valid grounds before it can be granted.
The court is obliged to refuse to grant the application if in its considered
opinion, the application is merely frivolous and vexatious,” said Mr Reza.
Herald
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