The Constitutional Court (ConCourt) has vindicated VIVA Zimbabwe leader William “Ace Lumumba” Mutumanje’s averments that the Prosecutor-General (PG)’s Office had made an undertaking to withdraw criminal charges of insulting President Robert Mugabe against the youthful politician on June 12 this year.
BY CHARLES LAITON
The former Zanu PF youth leader, who is accused of insulting Mugabe during the launch of his political party last year, was on Monday this week further remanded to July 24 this year, after the State reneged on its earlier promise and sought to prosecute him instead.
However, Mutumanje’s lawyer David Hofisi sought the postponement of the matter with a view to obtain a transcript from the ConCourt’s official position on the matter.
Yesterday, Hofisi submitted a transcript of the proceedings at the Harare Magistrates’ Court, which captures what transpired in court, leading to Mutumanje withdrawing his constitutional challenge.
In the transcript, Mutumanje’s lawyer, Advocate Zvikomborero Chadambuka, instructed by Hofisi, made submission before the full ConCourt bench led by Chief Justice Luke Malaba.
“The State has advised that they intend to withdraw the charges in the court pending formal withdrawal. We have agreed that the matter be removed from the roll pending the withdrawal of the charges against the applicant (Mutumanje) in the court below with no order as to costs,” Chadambuka said.
In response to Chadambuka’s submission, PG’s representative Edmore Nyazamba said: “I confirm the position as indicated by the applicant. The applicant is appearing at the magistrates’ court on June 12, 2017. The position in the case has a bearing on the propriety of the charges. The State has decided to withdraw the charges against the applicant on June 12, 2017.”
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Following the submissions by both parties, the court ruled: “It is ordered by consent that the matter is removed from the roll for the reason that it has been withdrawn. There shall be no order as to costs.”
Previously, Harare magistrate Nomsa Sabarauta had postponed the matter and ordered Hofisi to bring a copy of the ConCourt transcript in order to enable the court to make an informed decision.
Meanwhile, Hofisi also put the State on notice that on the next remand date, he would apply to have the matter referred back to the ConCourt to determine whether there could be a fair trial against his client, given that he had been ambushed by the State.
