Court dismisses Madzibaba Ishmael’s application for Constitutional Court referral

Justice Clever Tsikwa ruled that the employer did not follow the mandatory retrenchment procedure before directing the employee to stop reporting for duty. “The court comes to the conclusion that there was no retrenchment to talk about and the decision of the arbitrator cannot be faulted,” the judge said. “This application is a clear example of unnecessary delays in the administration of justice. It has no merit,” said Justice Chiweshe.

Prosper Dembedza-Court Correspondent

Apostolic sect leader Madzibaba Ishmael’s application for his case to be referred to the Constitutional Court has been dismissed by Norton Magistrate Ms Christina Nyandoro.

The magistrate ruled that the application was frivolous and vexatious, and therefore did not warrant referral.

In his application, Madzibaba Ishmael argued that it was unconstitutional for the court to deny him the opportunity to have his witnesses testify before he presents his defence.

He said his witnesses should be allowed to speak on his behalf while he exercises his right to remain silent.

However, the prosecution, led by Mr Tafara Chirambira and Ms Sheila Mupindu, opposed the application.

They argued that the request was just a delaying tactic with no legal basis.

The State said an accused person must either testify or choose to remain silent, adding that there is no provision allowing witnesses to testify before the accused makes a decision.

Furthermore, they said if Ishmael intends to exercise his right to silence, he should simply declare it, rather than basing it on what might be said by the witness.

Ms Nyandoro ruled that Ishmael had not raised any valid constitutional concerns.

The trial was postponed to April 2 as the defence lawyer was attending a funeral.

Madzibaba Ishmael, also known as Chokurongerwa, is facing three charges – ill-treatment of children, conducting a burial without a burial order, and failing to register the birth and death of a person.