News / National
Man set free over anti-Mugabe slur
21 Jul 2017 at 16:34hrs | Views
FORMER Gwanda councillor, Themba Nyoni (MDC-T) has set free on allegedly undermining authority of or insulting President Robert Mugabe.
Nyoni (49) was arrested and charged on January 28 after he allegedly engaging in an altercation with Rural Development, Promotion and Preservation of National Culture and Heritage minister, Abednico Ncube.
During the commotion, the former MDC-T councillor is alleged to have shouted: "Mina angisoze ngi-joini Zanu-PF, hambani liyetshela uMugabe a-step down ukuthi ngize ngijoine iZanu PF" which the law enforcement agents translated to mean; "Go and tell Mugabe to step down so that I can join Zanu-PF."
He was alleged to have added Mugabe was too old and no longer able to efficiently run the country, a statement interpreted as insulting to the President. Nyoni has, however, denied the charge.
Nyoni filed an application in the Constitutional Court seeking an order declaring his prosecution for allegedly contravening Section 33 (2) (b) of the Criminal Law (Codification and Reform) Act Chapter 9:27 as unconstitutional.
In his application, Nyoni, who was represented by David Hofisi and Lizwe Jamela of Zimbabwe Lawyers for Human Rights had argued that the facts which are alleged to constitute the offending conduct would not, if proved at the trial, constitute the criminal offence with which he was charged.
However, on Wednesday 19 July 2017, the full Constitutional Court bench struck the matter off the roll by consent as the Acting Prosecutor-General Advocate Ray Goba had indicated in a letter addressed to the Registrar of the Constitutional Court on Monday 10 July 2017 that he had declined prosecution.
Nyoni (49) was arrested and charged on January 28 after he allegedly engaging in an altercation with Rural Development, Promotion and Preservation of National Culture and Heritage minister, Abednico Ncube.
During the commotion, the former MDC-T councillor is alleged to have shouted: "Mina angisoze ngi-joini Zanu-PF, hambani liyetshela uMugabe a-step down ukuthi ngize ngijoine iZanu PF" which the law enforcement agents translated to mean; "Go and tell Mugabe to step down so that I can join Zanu-PF."
He was alleged to have added Mugabe was too old and no longer able to efficiently run the country, a statement interpreted as insulting to the President. Nyoni has, however, denied the charge.
Nyoni filed an application in the Constitutional Court seeking an order declaring his prosecution for allegedly contravening Section 33 (2) (b) of the Criminal Law (Codification and Reform) Act Chapter 9:27 as unconstitutional.
In his application, Nyoni, who was represented by David Hofisi and Lizwe Jamela of Zimbabwe Lawyers for Human Rights had argued that the facts which are alleged to constitute the offending conduct would not, if proved at the trial, constitute the criminal offence with which he was charged.
However, on Wednesday 19 July 2017, the full Constitutional Court bench struck the matter off the roll by consent as the Acting Prosecutor-General Advocate Ray Goba had indicated in a letter addressed to the Registrar of the Constitutional Court on Monday 10 July 2017 that he had declined prosecution.
Source - online