Lumumba not yet off the hook

VIVA Zimbabwe leader William Mutumanje, alias Acie Lumumba, who is accused of insulting President Robert Mugabe during the launch of his opposition party last year, has accused the State of delaying his trial after the Prosecutor-General's (PG) Office sought another postponement of the matter.

Mutumanje claimed he was last month made to believe his matter would be withdrawn by the State, but after leaving the Constitutional Court (ConCourt), the State indicated that it was pushing for his trial.

Prosecutor Oscar Madhume yesterday told the court that Mutumanje's docket had been sent to the PG's Office for perusal and for a possible trial date.

"We are not withdrawing the charges and we seek postponement of the matter so that we can be provided with a prosecuting certificate from the Acting PG," Madhume said.

"If accused wants to reinstate his application at the ConCourt, he is free to do so."

Mutumanje's lawyer David Hofisi said the ConCourt findings were binding to the court.

"It is not in dispute that the State committed to withdraw the charges in a superior court. We can only seek for the withdrawal and for anything else the State is free to approach the ConCourt to change its commitment," Hofisi said.

"It is absurd for the State to suggest that we reinstate the matter. The accused (Mutumanje) cannot speak for the State and tell the apex court that the State has had change of heart. The ConCourt commitment continues to be defied although the court's transcript was provided. There is no basis to prosecute. "