Moses Mpofu and Mike Chimombe’s trial has been deferred to October 22, to allow the defence team to file its application to refer their constitutional questions to the Constitutional Court.
There will then be need for rulings on whether the trial is
suspended while the application is made, and any direct referral will also need
the approval of the Concourt.
The legal move has stalled the trial that had been
scheduled to begin on Monday this week.
The Herald reports that the first question the two seek to
refer to the Constitutional Court is whether it is legal to have assessors aged
over 70 sit with a judge in a trial. The two are also seeking a determination
of the Constitutional Court on several other questions relating to what they
argue are constitutional breaches of their individual rights under the
provisions of the supreme law.
In criminal cases tried in the High Court, a judge sits
with two assessors and while the judge decides questions of law alone, on
questions of fact the court works by majority vote with the three having an
equal vote.
The prosecution led by Mr Whisper Mabhaudi did not oppose
the defence request.
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