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Court throws out case against Madhuku
Zimbabwe Lawyers for Human Rights (ZLHR)
March 16, 2011

Harare Magistrate Archie Wochiunga on Wednesday dismissed the state case against Professor Lovemore Madhuku, who had been summoned to appear in court for trial in a matter that occurred in 2004. He had also received other summons to answer cases for allegations that arose in 2006 relating to public gatherings.

The summons for the 2004 case showed that he was alleged to have violated section 26(5) of the Public Order and Security Act (POSA). When he appeared in court with his Zimbabwe Lawyers for Human Rights (ZLHR) lawyers the state papers revealed that he was facing charges of violating section 26(11) of POSA. Lawyers made an application for dismissal of the case as their client was not properly before the court. They argued that the state prosecutor was bringing in a new charge for which the Professor had not been summoned to appear in court.

At 11:15 hours Wochiunga dismissed the state case, ruling that the Professor was not properly before the court and the state should proceed by way of proper summons.

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