MDC-T youth leader Solomon Madzore has filed a Constitutional Court (Concourt) application to bar police from arresting him over remarks he made about President Robert Mugabe during the launch of his party’s election manifesto in Marondera on Sunday.
CHARLES LAITON
Madzore said after a careful review of his campaign message, he realised there was a real possibility he could be charged with undermining Mugabe.
“A careful reading of sections 33 (2) (a) and (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Act No. 23 of 2004) reveals that if I say anything concerning or about the President that may result in feelings of hostility towards or cause hatred, contempt or ridicule of; the President I would be guilty of an offence,” Madzore said in his founding affidavit.
“The provision criminalises statements and gestures that may engender feelings of hostility towards the President and not statements that actually cause feelings of hostility, hatred, contempt or ridicule of the President.”
In the application filed under case number CCZ50/13, Madzore cited Justice minister Patrick Chinamasa, Constitutional and Parliamentary Affairs minister Eric Matinenga, Police Commissioner-General Augustine Chihuri and Attorney-General Johannes Tomana as respondents.
Madzore, who is represented by Tawanda Zhuwarara, further said the provisions in the cited law were so “wide and subjective and operated as a statutory gag” on his campaign.
He said Mugabe was his political rival and as such he (Madzore) had an obligation to apprise his electorate of his shortcomings by expressing his views against the Zanu PF leader.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“In my opinion, Robert Mugabe, the current President, and his political party, Zanu PF, have completely failed to run the country and because of their collective ineptitude and resistance to political change, Zimbabwe is facing a myriad of socio-economic problems. This is my opinion and as a candidate I wish to communicate this opinion to the electorate,” Madzore said.
Madzore said in terms of section 67(2)(b) of the current Constitution, he had a direct right to campaign freely and peacefully for the MDC-T party or cause, and to achieve that it was necessary that all parties and candidates were able to put their manifestos freely to the electorate during the electoral campaign period.
