Lawyers representing MDC-T Matabeleland North chairperson Sengezo Tshabangu and 17 councillors from Nkayi District, facing a November 2010 charge of disturbing public peace, yesterday filed papers asking the court to set aside the case for lack of substance.
But, Nkayi resident magistrate Nduna Masuku postponed the matter to September 27 for ruling.
Defence lawyer Lizwe Jamela told NewsDay he had to file an application called “exception to be filed” denying that his clients plead to the charges as they (charges) were not clear.
“They can’t plead to a charge sheet that is not clear. The papers as they are, are not clear on what my clients are charged with,” he said.
Jamela said according to the State case, his clients were being charged under section 37 of the Criminal Law (Codification and Reform) Act, which outlawed participating in a gathering with intent to promote public violence, breaching peace or bigotry.
Jamela said the charges stemmed from a meeting that his clients held at a house in Nkayi late last year.
“They were having a meeting at a house of one of the members on 25 November 2010. All along we have been going to court for routine remand,” he said.
Maxwell Hapanyengwi represented the State.
