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Fungai Lupande Court Reporter
Former Zanu-PF activist William Mutumanje, popularly known as Acie Lumumba, yesterday refused to reinstate his application at the Constitutional Court on charges of insulting President Mugabe.
Through his lawyer Mr David Hofisi, Mutumanje asked the State to approach the apex court on its own and advise them that they no longer wish to withdraw charges against him.
Mutumanje recently withdrew his constitutional application when the prosecution advised the Constitutional Court that it was withdrawing charges.
Prosecutor Mr Oscar Madhume yesterday told the court that he is not withdrawing charges but, in fact, waiting for a prosecuting authority for the Acting Prosecutor-General to proceed to trial.
“State wants to proceed to trial and the docket is at the Acting PG for consideration,” said Mr Madhume.
“We are not withdrawing the charges and we seek postponement of the matter so that we can provide an authority to prosecute certificate from the Acting PG.
“If accused wants to reinstate his application at the Constitutional Court he is free to do so.”
Lumumba’s lawyer said the Constitutional Court findings were binding to the court.
“It is not in dispute that State committed to withdrawing the charges in a superior court. We can only seek for the withdrawal and for anything else State is free to approach the Constitutional Court to change its commitment.
“It is absurd for State to suggest that we reinstate the matter. The accused cannot speak for State and tell the apex court that State has change of heart because later they will deny.
“The Constitutional Court commitment continues to be defied although the court’s transcript was provided. There is no basis to prosecute.”
Mutumanje made an application at the Constitutional Court arguing that his utterances did not constitute an offence and that his constitutional rights as enshrined in the Constitution were being infringed upon.
However, Mutumanje abandoned the application after State, led by law officer Mr Edmore Nyazamba, agreed to withdraw the criminal charges against him.
Later, the prosecution made a U-turn, insisting on proceeding to trial.
Magistrate Ms Nomsa Sabarauta remanded the matter to July 28 for ruling. It is the State’s case that on June 30, last year, Mutumanje, who was addressing a gathering during the launch of his political party, said: “Mr President Robert Gabriel Mugabe, f*** you”.
Online Reporter