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Media lawyer removed from remand
MISA-Zimbabwe
July 31, 2008

Harare Magistrate Chiwoniso Mutongi on 31 July 2008 removed prominent media lawyer Harrison Nkomo from remand.

Nkomo is facing charges of insulting the President of Zimbabwe in contravention of Section 33 and 41 of the Criminal Law (Codification and Reform) Act.

Nkomo's lawyer, Beatrice Mtetwa told Magistrate Mutongi that Nkomo's matter had been referred to the Supreme Court and as such he should not be appearing in both the Magistrate and Supreme Courts at the same time. Mutongi agreed with this reasoning.

The matter was referred to the Supreme Court following an application made by Mtetwa in terms of Section 24 (2) of the Constitution of Zimbabwe. In terms of that section, a matter may be referred to the Supreme Court which will sit as a Constitutional Court where a section of the law in which accused person is being charged under violates the Bill of Rights.

Mtetwa argued that the two sections of the Code, Sections 33 and 41 contravene the provisions of Section 20(1) of the Constitution which provides individuals the right to freedom of expression.

Background
Nkomo was arrested on 7 May 2008 over an alleged insulting statement he made against the President on 2 May 2008 while appearing in the High Court on behalf of freelance journalist Frank Chikowore, MDC's director of Information and Publicity Luke Tamborinyoka and six others who were facing charges of public violence.

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