Jembere wanted the Supreme Court to determine the constitutionality of a law used to prosecute people accused of undermining the Zanu (PF) leader’s authority before his trial could commence.
His lawyer, Jeremiah Bamu of Zimbabwe Lawyers for Human Rights, wanted the Supreme Court to declare the law as unconstitutional on the basis that it curtails freedom of expression. However, Magistrate Kadye on Friday dismissed the application as frivolous and vexatious, and said that he will give reasons for his ruling after Jembere’s trial.
The Magistrate said the MDC legislator for Epworth constituency should stand trial on September 27, 2011 for allegedly contravening Section 33 of the Criminal Law Act by undermining the authority of, or insulting, President Mugabe.
However, Bamu told Magistrate Kadye that he would proceed to approach the Supreme Court directly in terms of Section 24 (1) of the Constitution to challenge the prosecution.
Prosecutors allege that Jembere insulted President Mugabe when he addressed party supporters at a constitutional awareness meeting by saying “Mugabe mudenga, Bamu Zanu (PF) mudenga, vabatanidzei, roverai roverai pasi,” which the police interpreted as meaning to say “Mugabe up, Zanu (PF) up, bring them together and drop them down.”
Several similar cases challenging the insult laws are already pending at the Supreme Court.
Post published in: News