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Galz boss denies running unregistered organisation

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GAYS and Lesbians of Zimbabwe (Galz) chairperson Martha Tholanah yesterday denied charges of running an unregistered organisation

GAYS and Lesbians of Zimbabwe (Galz) chairperson Martha Tholanah yesterday denied charges of running an unregistered organisation when she appeared before Harare magistrate Donald Ndirowei.

BY SENIOR REPORTER

Through her lawyer Tonderai Bhatasara, Tholanah immediately applied for an exception to the charge arguing that the facts proffered by the State did not constitute a criminal offence.

Bhatasara argued that allegations that his client had been carrying out activities without registration were led before the High Court (case Number HC1240/13) and the court granted an order that Galz was not obliged to register in terms of the Private Voluntary Organisation Act Chapter 17:05 because it was not a private voluntary organisation.

“This is an order that the High Court has granted, an order which has not been set aside by any competent court and an order which has not been appealed against.

This application is based on the principle that orders of the higher court are binding on the lower courts,” he said. “I pray that the charges be quashed and that the accused be found not guilty.”

The State, represented by Francisca Mukumbiri, requested for time to go through the High Court judgment before it could respond despite indications by Bhatasara that they were furnished with the judgment.

“I was not even aware that there was such a court order,” Mukumbiri said. “So I need to verify. By February 26, I should be able to respond adequately.” The matter was then remanded to February 26.

Tholanah initially appeared in court in August 2012 over the same charges after police raided the Galz offices in Harare and confiscated various materials including computers and fliers.