GAYS and Lesbians of Zimbabwe (Galz) chairperson Martha Tholanah was on Wednesday acquitted of charges of running an unregistered organisation when she appeared before Harare magistrate Donald Ndirowei
By Senior Reporter
The State had alleged that Galz was operating illegally in contravention of the Private Voluntary Organisations Act Chapter 17:05.
However, Ndirowei agreed with defence lawyer Tonderai Bhatasara that a High Court order granted in the same case last year had not been rescinded and that the charge did not disclose any offence.
“The High Court order is still in force because it has not been interfered with by way of appeal.
“It is binding on this court because it is inferior to the High Court.
“The order directs that the accused is not obliged to be registered in terms of section 6 (1) (3) of the Private Voluntary Organisations Act Chapter 17:05,” he ruled.
Ndirowei also noted that the State, represented by Francisca Mukumbiri, had not appealed against, or applied for the rescission of, the High Court judgment. “The court agrees with the defence that the facts on the charge sheet do not disclose an offence.
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“The charge is, therefore, bad at law.
“Therefore, the application for exception to the charge is granted and the charge is therefore quashed,” he said.
High Court judge Justice Priscilla Chigumba on January 14 ordered Police Commissioner-General Augustine Chihuri, Chief Superintendent Henry Dhowa, one Detective Chief Inspector Runganga, Detective Assistant Inspector Ben Justen and the Minister of Home Affairs to return the Galz property.
