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Lumumba re-applies for Constitutional Court referral

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VIVA Zimbabwe leader William Mutumanje, alias Acie Lumumba, who is accused of insulting President Robert Mugabe, has castigated the State for alleged double standards following the decision to re-charge him in a case it had earlier undertaken to withdraw.

VIVA Zimbabwe leader William Mutumanje, alias Acie Lumumba, who is accused of insulting President Robert Mugabe, has castigated the State for alleged double standards following the decision to re-charge him in a case it had earlier undertaken to withdraw.

BY DESMOND CHINGARANDE

Acie Lumumba
Acie Lumumba

Lumumba yesterday appeared before magistrate Nomsa Sabarauta and told the court that the delay by the State to proceed with the matter had prejudiced him in his business and political career.

“I have told the court that I am an international consultant and the case has affected my profession and my right to do politics as a head of a political organisation,” Lumumba said.

“I am not sure if I will face a fair trial because the State has been changing its positions. My case is political and the State has been captured by the politicians.”

Lumumba said the State was not clear on how to move forward with the matter since he had been on remand for almost 13 months.

“For 13 times, they have been postponing the matter saying they are seeking authority from higher offices. They have changed prosecutors. They have changed the times of court appearances on many occasions and now it is my fear that I will not receive a fair trial,” he said.

Lumumba’s lawyer, David Hofisi, told the court that the Constitutional Court (ConCourt) must now be approached to determine whether or not the conduct of State, in choosing to ignore its commitment to withdraw charges in the ConCourt on May 24 this year, was constitutionally valid.

Hofisi further said that the State’s conduct was violating his client’s right to a fair trial and thus ultra vires Section 69(1) of the Constitution of Zimbabwe.

The State, however, did not oppose the application.

Sabarauta then postponed the matter to August 25 for a ruling.

Charges against Lumumba arose on June 30 last year during the launch of his political party.

Oscar Madhume appeared for the State.