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MMPZ staffers removed from remand by Gwanda Magistrate
The Media Monitoring Project Zimbabwe
May 02, 2012

MMPZ advocacy officers Fadzai December and Molly Chimhanda, and Public Information Rights Forum committee chairman for Gwanda, Gilbert Mabusa on the 30th of April 2012, appeared before Gwanda magistrate Douglas Zvenyika on April 30th and, through their lawyer Kossam Ncube, successfully applied for refusal of further remand in respect of the remaining charge relating to undermining the authority of the President. They argued that the matter of the constitutionality of their placement on remand, having been referred to the Supreme Court, the magistrates' court, as a lower court, was therefore no longer lawfully seized with the matter. Concurring with Kossam's submissions, and without any opposition from state counsel, magistrate Douglas Zvenyika granted the application advising the state to proceed by way of summons in the event that the Supreme Court rules that their placement on remand is constitutional. In effect, this means that criminal proceedings against the trio will be held in abeyance pending the Supreme Court ruling.

In their application before the Supreme Court, the trio's argument is that the charge of undermining the authority of the President violates their constitutionally guaranteed rights to freedom of expression and protection of the law. They argue that by criminalizing criticism of an elected president, section 33 of the Criminal Law (Codification and Reform) Act violates their constitutionally guaranteed right to freely express their views concerning the conduct of an elected public official. They also argue that section 33 of the Criminal Law Code violates the trio's right to the protection of the law as it is too wide and all encompassing, arbitrary and given to subjective interpretation by law enforcement agents.

Fadzai, Molly and Gilbert were arrested in December 2011 following a civic education workshop they facilitated in Gwanda aimed at promoting public information rights and initially faced three charges, namely knowingly failing to give notice of a gathering in terms of section 25 of the Public Order and Security Act (POSA); participating in a gathering with intent to promote public violence, breaches of the peace, or bigotry; and, alternatively, undermining the authority of or insulting the office of the President in terms sections 37 and 33 of Criminal Law (Codification and Reform) Act. They successfully applied to be removed from remand with regards to the charges of failing to give notice of a gathering, and participating in a gathering with intent to promote public violence, breaches of the peace, or bigotry. The remaining charge of undermining the authority of, or insulting the President is the one whose constitutionality they are challenging in the Supreme Court.

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