The Constitutional Court (ConCourt) is set to hear the case of a Zimbabwe Republic Police officer who is facing charges of insulting and undermining the authority of President Robert Mugabe.
BY DESMOND CHINGARANDE
This was after Zimbabwe Lawyers for Human Rights (ZLHR), represented by David Hofisi, wrote a letter to the Harare Magistrates’ Court clerk of court requesting transcribed court proceedings of Thompson Joseph Mloyi’s case.
Mloyi, who resides at Tomlinson Depot, is alleged to have uttered the words: “President Robert Mugabe is too old to rule and he married a prostitute Grace Mugabe” at Cranborne Barracks in Harare.
Harare magistrate Tendai Mahwe had earlier dismissed an application by ZLHR to have the matter referred to the ConCourt prompting the lawyers to approach the highest court in the country where they successfully obtained an order to stop the trial proceedings.
Hofisi argued that it was not an insult to say that Mugabe was too old to rule as the accused had the right to freedom of expression as enshrined in the Constitution which regarded the elderly as persons above 70 years.
He said it was not an offence to say that Mugabe was married to Grace.
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Hofisi said it was an insult to the First Lady that she was called a prostitute, but not to Mugabe himself.
He argued the protection of the President does not extend to his wife, children or his in-laws.
lIn an unrelated matter, a 30-year-old Harare man who stands accused of conning an illegal foreign currency dealer of R500 000 appeared before magistrate Mahwe yesterday.
Brian Tenhedza of Borrowdale was arrested on May 31 and is on $500 bail with stringent conditions.
According to the State, on January 8, Tenhedza contacted the complainant, who is not named in court papers, and misrepresented to him that his business partner was in need of R1 million. He promised to pay in equivalent United States dollars through his accomplice father, who is based in Harare.
The complainant managed to raise R500 000 and Tenhedza then told the complainant to give the money to his partner, a South African national one Abubhakar.
It is alleged after payment was made in South Africa, the complainant pursued Tenhedza for the US$ equivalent, but he became evasive and blocked his cellphone number.
The complainant then reported the matter to the police, leading to Tenhedza’s arrest.
Magistrate Mahwe remanded him to July 14.
Sebastian Mutizirwa appeared for the State.
