Zimbabwe People First (ZimPF) Chinhoyi constituency officer Tendai Musonza was back in court on Monday facing charges of insulting President Robert Mugabe.
BY James Muonwa
Appearing before magistrate Brenda Dhliwayo, defence lawyer Kudzai Choga of Mucheneripi and Associates indicated his client intended to file an application to have the matter referred to the Constitutional Court for determination of the constitutionality of Section 33 of the Criminal Code which criminalises “undermining the Office of the President”.
Choga yesterday told NewsDay he would lodge the application by tomorrow and expects the State’s response by Friday while the hearing would be conducted on May 4.
It is the State case that on October 29 at Chonde barbershop in Chinhoyi CBD, Musonza, upon meeting a Zanu PF activist wearing a T-shirt emblazoned with the President’s face shouted: “Vanhu imi hamungarambe muchitongwa nekamudhara kavenemakore 91, uye kanoramba kachingodonha (You people, we cannot continue to be ruled by a 91-year-old man who continually falls on his own).”
On Monday, one of the State witnesses, Wilson Chonde, was spotted milling around the court premises wearing Zanu PF regalia, but was visibly frustrated when he heard the matter had been postponed.
Musonza, a former Zanu PF member before defecting to MDC-T on whose ticket he went on to win the 2008 elections to become councillor, has pleaded not guilty to the charge.
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He initially appeared before Chinhoyi magistrate Felix Mawadze last November.
Hasel Kondo prosecuted.
