Scores of Zimbabweans have been arrested under this provision that makes it a crime to say anything that would cause the President to be ‘hated or ridiculed.’
Madzore recently spent two weeks in detention in May after he was arrested for allegedly calling 89 year old President Robert Mugabe a "limping donkey" who should be put out to pasture.
He claims that the insult law violates three constitutional rights – the right to campaign, the right to hold and communicate opinions, and freedom of expression.
Arrests always increase during electoral periods and the Zimbabwe Lawyers for Human Rights say they have attended to at least 63 criminal prosecutions since 2010 for insulting Mugabe.
Some of those arrested in the last three years include lawyers. There are many more individuals who have not been represented by the group and have been arrested and charged using this controversial insult law.
Madzore, who is the MDC-T candidate for Dzivarasekwa, says the section stops him from campaigning properly and wants the ConCourt to make a determination before general elections set for July 31st.
His lawyer, Tawanda Zhuwarara, told SW Radio Africa that his client is approaching the courts to vindicate his constitutionally entrenched rights.
“As it stands Madzore cannot campaign freely and say exactly what he wants to say or his views upon the president, because of this unusual old and archaic provision within our criminal code.”
“The provision that has motivated this application has no place in a constitutional democracy. It is couched in such wide and indiscriminate terms that it clearly cannot stand constitutional scrutiny. Clearly this case is important and requires the Constitutional Court's urgent attention.” Zhuwarara added. – SW Radio Africa News
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