Bulawayo Magistrate Ntombizondwa Mazhandu on 18 September 2010 granted an application by visual artist Owen MasekoMazhandu noted that it was a fact that the Gukurahundi killings occurred and therefore the application by Maseko could not be dismissed as frivolous and vexatious. The magistrate said the Supreme Court should decide on the constitutional points that had been raised by Masekos lawyers in the referral application.
Lizwe Jamela representing Maseko, argued that the artists fundamental rights provided for in the Constitution of Zimbabwe and other international human rights instruments had been violated.
The Constitutional will now determine whether or not genuine works of artistic creativity can be subjected to prosecution under Section 31 and 33 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) without infringing on the provisions of Sections 18 (1), 19 (1) and 20 (1) of the Constitution of Zimbabwe. These two sections provide for the right to the full protection of the law, freedom of conscience and thought and freedom of expression respectively.
Background
Maseko was arrested on 26 March 2010 initially on charges of violating Section 33 of the Criminal Law Codification and Reform Act which alludes to insulting or undermining the authority of the president; the charge was then altered to Section 31 which deals with the publication of false statements prejudicial to the state.
However on appearing before the Magistrate on 14 September 2010, the State, represented by Tawanda Zvekare, again attempted to charge Maseko under the initial section 33 of the Criminal Law Codification and Reform Act.
Post published in: Politics