Five Student Leaders appeared in court in Bulawayo today facing charges of participating in an unlawful gathering with an intention to cause public violence, bigotry and breach to peace, This is according to chapter 37 (1)(a) of the Criminal Law and Codification Act. The charges arose from a demonstration organized by the National Constitutional Assembly (NCA) onThe five are ZINASU Treasurer General Sheunesu Nyoni, Brian Mtisi, Samson Nxumalo, Melusi Hlabano and Archieford Mudzengi.Ms Nqobile Ndlovu from the Zimbabwe Lawyers for Human Rights representing the students arguing that the court in question must agree with the application that the case must be referred to the Supreme Court or be thrown away. She was citing a Supreme Court ruling three weeks ago in the case of Jenni Williams and Magodonga Mahlangu vs. Ministry of Justice, Legal and Parliamentary Affairs. The justification is that Section 37(1) (a) of the Codification Act was declared to be unconstitutional because it takes away the same rights to freedom of assembly, freedom of expression and freedom of association guaranteed in Section 24.1 of the constitution.
Meanwhile Dr Lovemore Madhuku,the the national chairperson of NCA attended the court session but did not testify as witness because of the new twist to the case. The five will appear in court on the 15th of July.