News / Local
Court dismisses Mliswa application
22 Apr 2021 at 15:33hrs | Views
NORTON independent legislator Temba Mliswa's bid to have his case referred to the Constitutional Court has hit a brick wall after a Harare magistrate threw out the request, saying it lacks merit and is meant to delay his trial.
Mliswa was arrested in February on allegations of violating Covid-19 regulations while addressing a press conference at his Borrowdale house.
The legislator's lawyer Musindo Hungwe argued that the law was being selectively applied against his client as he was the only one who was arrested at the press conference which was also attended by 23 journalists and two police officers.
He said the application for referral to the Constitutional Court was premised on the need to determine, "whether singling out for arrest and prosecution of the applicant from amongst 23 persons allegedly gathered on the day in question amounts to discrimination and offends Section 56 (1) of the Constitution of Zimbabwe".
Hungwe said the gathering did not take place at a public place, but at Mliswa's private residence.
"The accused's residence is not covered in the statutory instrument which explains areas defined as public places. Gathering at home is not criminal," Hungwe argued.
The State opposed the application, saying there were no constitutional issues, an argument Harare magistrate Tafadzwa Miti upheld.
Mliswa was arrested in February on allegations of violating Covid-19 regulations while addressing a press conference at his Borrowdale house.
The legislator's lawyer Musindo Hungwe argued that the law was being selectively applied against his client as he was the only one who was arrested at the press conference which was also attended by 23 journalists and two police officers.
He said the application for referral to the Constitutional Court was premised on the need to determine, "whether singling out for arrest and prosecution of the applicant from amongst 23 persons allegedly gathered on the day in question amounts to discrimination and offends Section 56 (1) of the Constitution of Zimbabwe".
Hungwe said the gathering did not take place at a public place, but at Mliswa's private residence.
"The accused's residence is not covered in the statutory instrument which explains areas defined as public places. Gathering at home is not criminal," Hungwe argued.
The State opposed the application, saying there were no constitutional issues, an argument Harare magistrate Tafadzwa Miti upheld.
Source - dailynews
