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Magistrate refers matter to Supreme Court
MISA-Zimbabwe
November 12, 2008

Harare magistrate, Morgan Nemadire, on 12 November 2008 referred to the Supreme Court, the matter in which The Standard newspaper, its editor, Davison Maruziva and Movement for Democratic Change faction leader, Professor Arthur Mutambara are jointly charged with contravening the Criminal Law (Reform and Codification) Act.

The ruling followed submissions on 22 October 2008 by defence lawyer, Beatrice Mtetwa for the case to be referred to a higher court, arguing, that the Magistrates Courts did not have jurisdiction to hear the matter if it was deemed that there was contempt of court by the accused.

Background

The accused are charged with publishing falsehoods prejudicial to the state in terms of Section 33 of the Criminal Law (Codification and Reform) Act and additionally, contempt of court. The charges arise from an opinion piece written by Professor Mutambara which was published in the Standard's edition of 20 April 2008.

The magistrate postponed the matter to 12 November 2008 for a ruling on submissions by both the defence and state as to whether the matter should be referred to a superior court.

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