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Mliswa wants to approach ConCourt

by Staff reporter
11 Mar 2021 at 06:14hrs | Views
NORTON Member of Parliament, Temba Mliswa, yesterday said he would take his matter to the Constitutional Court after he lost the bid to challenge his arrest and removal from remand at the Harare Magistrates Court.

Through his lawyer, Mr Musindo Hungwe, Mliswa notified the State that he will make an application for referral of his matter to the Concourt for it to make a determination on whether his constitutional right to liberty was not violated.

He also said he wants the Concourt to determine on his right to be released promptly in the event of an unlawful arrest.

Mr Hungwe indicated that he will file his application next week. Mliswa is charged on allegations of violating the Covid-19 lockdown measures after he convened a Press conference at his Borrowdale residence sometime last month.

"We would like to make a further notice that we will make an application for referral to of the matter to Constitutional Court for determination on his constitutional right to liberty and right to be released promptly in the event of an unlawful arrest," said Mr Hungwe.

He made the notification after magistrate Ms Tafadzwa Miti dismissed his bid to be removed from remand.

Ms Miti said Mliswa's approach towards challenging his placement on remand was wrong considering that he had initially consented on his initial appearance.

"It is clear that accused ought to have challenged on the day he initially appeared in court," she said.

The court also noted that Mliswa defied the purpose of statutes that barred people from gathering when he invited the 22 journalist to his house.

"The statutes were meant to stop people from gathering and to stop the spread of Covid-19," she said.

Ms Miti said most of the issues raised by Mliswa when challenging his placement on remand will be dealt with during his trial. She said some of the issues forms part of his defence before remanding him to March 27.

In his application Mliswa claimed that he was arrested while furthering his essential service of disseminating information as a Member of Parliament.

He also claimed that the Press conference was held at his home which is a private place.

The State led by Mr Lancelot Mutsokoti had opposed to the application saying: "While is accepted that accused is a honourable Member of Parliament, it is submitted that the Press conference was not for the purposes of the business of Parliament.

"Instead, a large portion of the press conference was centred on issues to do with aspects of personal life of the accused which had found their way into media and social media. "The accused was not therefore providing an essential service."

Source - the herald