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“The PM has committed the following offences:
(a) Perjury, Section 183 (1) of the Criminal Law (Codification and Reform) Act. The Honourable Prime Minister has perjured himself through his affidavits, which he swore to and filed with the High Court and magistrates’ court last week.
(b) Fraud Section 136 of the Criminal Law (Codification and Reform) Act.
(c) Contempt of court in terms of the Criminal Law (Codification and Reform) Act Section 182 (1). At the ceremony on September 15 2012, he told the media that “the court cannot give me a wife”.
“This is clearly contemptuous because at no stage did the court intimate the desire to give him a wife,” read the letter dated September 18 2012.
Mr Samukange urged police to urgently investigate the cases and take the PM to court.
“It is our humble submission that the police should urgently investigate the above mentioned charges to bring the Honourable PM to court to answer to these charges. Using our experience in criminal law, we have no doubt that these charges will be proved in court and the Prime Minister convicted and sent to prison,” read part of the letter.
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The letter was copied to Attorney-General Mr Johannes Tomana.
On September 13, the same lawyers wrote to the AG urging him to arrest the PM if he married Ms Macheka under the Marriage Act Chapter 5:11. They were worried about the potential breach of Section 104 of the Criminal Law (Codification and Reform) Act that criminalises movement from a polygamous marriage into a monogamous one when the polygamous one still subsists.
However, Mr Tsvangirai did not solemnise the marriage as planned.
Through his lawyer Advocate Thabani Mpofu instructed by Mr Innocent Chagonda of Atherstone and Cook, the PM filed a notice of appeal at the Supreme Court.
In the ground of appeal, the PM is arguing that the lower court erred in holding that he married Ms Karimatsenga without properly hearing the matter.
It is the PM’s contention that the court wrongly found that there was a lawful impediment to the marriage.
It is also argued that the court failed to appreciate that the relief sought by the couple would not prejudice Ms Karimatsenga.
In an interview on Tuesday, Ms Karimatsenga, through her lawyer, said she was not yet done with the PM.
Although the lawyer did not disclose the steps to be taken against the PM, he said his client would not rest until the PM did the “right thing”.
Online Reporter