Insulting ex-prisoner earns pair jail term

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People get locked for exercising their constitutional right to freedom of expression

A HARARE woman and her daughter were yesterday slapped with a $100 fine or in default of payment to serve 20 days in prison after insulting a woman who benefited from the Presidential amnesty in February this year.

CHARLES LAITON
SENIOR COURT REPORTER

The two women, Kristle Moyo Smasher (29) and Dora Smasher (54), were tenants at Thandiwe Nyatanga’s house in Belvedere, Harare, when the incident leading to their arrest occurred.

According to the evidence presented before Harare magistrate Milton Serima, the two women picked up a quarrel with Nyatanga soon after her release from prison.
The court heard that on February 19, Nyatanga arrived from prison after the Presidential pardon and saw Kristle who she asked for money that had been paid for rentals by tenants who were staying in the cottage.

Kristle, however, then started shouting at Nyatanga using provocative and insulting words.

She was quoted as to have said: “Go away, you prostitute, I will stay here alone. You habitual criminal, hooligan, a dog; Mr Mugabe must be insane (for) releasing a thief like you from prison, you are a careless dirty person.”

The court heard Dora joined in and shouted at Nyatanga, vowing they would make sure she returned to prison.

In his judgment, Serima noted: “The investigating officer was present when the insults were made by both accused persons against the complainant. He repeated some of the words he heard, but said he had forgotten some of them.

“This witness’s evidence could well be said to be corroborative enough to the complainant’s testimony as he was independent between the complainant and the accused number one.”

The magistrate further said the complainant’s mother, who is fairly elderly, was present when the accused persons hurled insults and was quite vivid in her recollection of the events.

The two women were charged with criminal insult as defined in Section 95 (1) (a) of the Criminal Law [Codification and Reform] Act.

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  2. hahaha the law is funny a anotuka b.then b pays fine to state not b atukwa kikiki.but i think chokwadi these ladies exchanged.kana matukana siyanai nezita ramugabe munopisira

  3. “7. For every kind of beasts, and of birds, and of serpents, and of things in the sea, is tamed, and hath been tamed of mankind: 8. But the tongue can no man tame; it is an unruly evil, full of deadly poison” – James 3:7-8 KJV

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