MUTARE MDC-T MP for Chimanimani West, Lynette Karenyi, who is being charged for allegedly labelling President Robert Mugabe as gay has been removed from remand after she successfully applied to have her matter referred to the Supreme Court.
Mutare magistrate Trynos Utahwashe yesterday referred the matter to the Supreme Court to determine the constitutionality of her arrest.
In his application for referral of the matter to the Supreme Court, Karenyis lawyer David Tandire submitted that provisions of Section 33 of the Criminal Law (Codification and Reform) Act under which his client was being charged are an infringement of her constitutional right.
He further argued the charge was a violation of Karenyis freedom of expression, speech, liberty and her political rights as enshrined in the Universal Declaration of Human Rights.
In his ruling, magistrate Utahwashe said the Supreme Court should determine whether Karenyis freedom of expression, conscience, political rights and liberty were indeed violated.
He also ruled the Supreme Court should make a determination on whether Section 33 of Criminal Law (Codification and Reform) Act is too broad, wide and vague thereby rendering the law uncertain.
Utahwashes ruling will make Karenyis matter stayed pending the determination of the case at the Supreme Court.
Karenyi was arrested in December last year and spent the Christmas holidays in remand prison over allegations she had branded President Mugabe as gay during a campaign rally at Nhedziwa business centre.
The State alleges she told MDC-T supporters President Mugabe practised homosexuality with Zanu PF politburo member Jonathan Moyo and late former President Canaan Banana.