(Last Updated on January 12, 2021 by GERALD NCUBE)
…Magistrate Nduna Dismisses Sikhala’s challenge to his placement on remand
HARARE – Magistrate Lazini Ncube reserved his judgement to tomorrow following Hopewell Chin’ono’s challenge to his placement on remand.
Veteran journalist Chin’ono is facing charges of “communicating falsehoods,” for commenting on a video which alleged that a police officer had killed a baby with his baton stick while on duty.
Harrison Nkomo, leading the defence argued that the legal provision used to arrest his client was voided by the Constitutional Court in 2014.
Chin’ono’s lawyers further argued that the law remains void although it was voided before the adoption of the country’s new Constitution.
Supporting his argument, Nkomo cited the case in 2016 of MISA Zimbabwe and others versus the Minister of Justice, Legal and Parliamentary Affairs during which the Constitutional Court asserted that position.
However, the State still argues that the law remains valid since it has not been invalidated in terms of the new Constitution.
Meanwhile, in another similar case, MDC Alliance national Vice-Chairman Job Sikhala’s challenge to his placement on remand was dismissed by magistrate Ngoni Nduna.
Sikhala is facing similar charges, where he is accused of contravening Section 31 (a) (iii) of the Criminal Law (Codification and Reform) Act when he tweeted comments on a similar issue.
He is expected to be back in court tomorrow where his legal team will be applying for bail.