High Court halts trial of King Munhumutapa

The High Court has temporarily halted the trial of Timothy Chiminya, who styles himself as King Munhumutapa, after ruling that prosecutors failed to follow proper legal procedures in pursuing charges against him for allegedly insulting or undermining President Emmerson Mnangagwa.

The Zimbabwe Lawyers for Human Rights (ZLHR) confirmed the ruling on Friday, stating that Justice Rodgers Manyangadze had granted Chiminya's application for judicial review of a lower court decision to proceed with the trial without the requisite prosecutorial authority.

Chiminya was arrested on 16 December 2024 and charged under section 33 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], which criminalises statements or conduct deemed to insult or undermine the authority of the President. Prosecutors allege that Chiminya usurped executive powers by purporting to appoint and dethrone traditional chiefs - roles constitutionally reserved for the Head of State.

His trial commenced before Magistrate Winfilda Tiyatara at the Harare Magistrates Court, where his legal counsel, Gift Mtisi of ZLHR, filed an application to stay proceedings. Mtisi argued that the National Prosecuting Authority (NPA) had failed to produce a valid Certificate of Authority to Prosecute from Prosecutor-General Loice Matanda-Moyo, as required by law for such a case.

Instead, the NPA had only submitted a letter signed by a subordinate prosecutor identified as Shonhayi. Chiminya challenged the legality of this letter, citing section 34 of the Criminal Law (Codification and Reform) Act, which mandates that certain prosecutions can only proceed with formal approval from the Prosecutor-General.

Chiminya also argued that proceeding without proper authorisation would violate his constitutional rights to equal protection under the law and to a fair trial, as enshrined in sections 56 and 69 of the Constitution.

Despite the objection, Magistrate Tiyatara dismissed the application on 13 June 2025 and scheduled the trial to proceed on 3 July. This prompted Chiminya to petition the High Court, seeking a review of the ruling.

On 23 July, Justice Manyangadze overturned Tiyatara's decision and suspended all trial proceedings until a valid Certificate of Authority to Prosecute is issued by the Prosecutor-General. He also ruled that any proceedings conducted in the absence of such authorisation would be invalid and must restart upon proper compliance with the law.

Chiminya is expected to return to the Harare Magistrates Court on Monday, 28 July 2025, where a new presiding magistrate, Kudzai Mthombeni, is set to hear the matter. The NPA has committed to submitting the correct prosecutorial certificate at that hearing.

The case has drawn national attention as it highlights broader concerns around prosecutorial independence, the interpretation of presidential insult laws, and the constitutional rights of accused persons in politically sensitive matters.