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Magistrate refers ZCTU leaders' case to the Supreme Court
Zimbabwe Congress of Trade Unions (ZCTU)
September 18, 2008

A Harare magistrate, Mr Bhila, today granted the Zimbabwe Congress of Trade Unions (ZCTU) leaders' the right to have their Constitutional case heard at the Supreme Court.

This is after the two leaders, President Lovemore Matombo and Secretary-General Wellington Chibebe, who are facing allegations of "communicating falsehoods prejudicial to the State " and "inciting the public to rise against the government', said the law under which they are being charged, the Criminal Law Codification Act, infringed on their right to freedom of expression as enshrined in the Constitution of Zimbabwe.

Because of the constitutional challenge, the magistrate had no option than to remand the leaders to December 5, 2008 to give time to the Supreme court to make decision.

At the beginning of the trial yesterday, ZCTU lawyer, Mr Aleck Muchadehama had applied to have the case exempted from the trial, but this was rejected by the magistrate. In his reasons for the rejection given today, the magistrate said he was of the opinion that the two were properly charged under the law.

However, he said he found the ZCTU application to the Supreme Court on the grounds of freedom of expression was not 'frivolous and vexatious" as alleged by the State and therefore, he referred the matter to the Supreme Court.

In his arguments submitted yesterday, Mr Muchadehama submitted that the two ZCTU leaders were arrested for expressing themselves and that they had only received the information and communicated to the workers. He said the ZCTU leaders had a right to receive and impart information under the Constitution of Zimbabwe and that the Criminal law codification Act did not conform with the Constitution.

However, the State, through chief law officer, Mr Tawanda Zvakare, contends that the two ZCTU leaders told the workers that they had received the information that Zanu PF supporters had killed two teachers at a school ion Guruve before urging them to revenge, an allegations being denied by the ZCTU leaders. The State claims that the information was false and was calculated to incite workers to revolt against the government.

The ZCTU leaders are on Z$20 billion bail that was granted by High Court on 19 May 2008 at Dzivaresekwa Stadium while addressing workers on Workers Day, on May 1, 2008.

As part of the conditions for granting bail, the two are being barred from addressing any political gathering until this matter is finalized. They were also ordered to reside at their given home addresses and not to interfere with any state witnesses.

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