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State's bid for new charges against Maseko foiled
September 14, 2010
Ntombizodwa Mazhandu on 13 September 2010 foiled an attempt by the
State to prefer new charges against visual artist Owen Maseko.
Maseko was arrested
on 26 March 2010 initially on charges of violating Section 33 of
the Criminal Law Codification
and Reform Act which alludes to insulting or undermining the
authority of the president; the charge was then altered to Section
31 which deals with the publication of false statements prejudicial
to the state.
However on appearing
before the Magistrate, the State, represented by Tawanda Zvekare,
again attempted to charge Maseko under the initial section 33 of
the Criminal Law Codification and Reform Act.
This attempt was objected
to by the Defence Counsel comprising Lizwe Jamela, Nosimilo Chanaiwa
and Jeremiah Bamu who argued that it was procedurally improper to
try Maseko on a charge different to that for which he had been summoned
before the court.
The Magistrate upheld
the argument by the defence and ruled that if the State wanted to
press new charges then it had to do so following proper court procedure.
The trial is expected
to continue on 15 September 2010 after the State has complied with
the procedural requirements of bringing up the new charges.
the MISA-Zimbabwe fact
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