adminMatutu allegedly committed the offence in 2005 in Zaka when he was addressing an MDC-T rally. In his speech, Matutu likened President Mugabe to a dog.
It is the State’s case that Matutu incited the people of Zaka to rebel against the Government. “Handisati ndamboona imbwa inonzi Mugabe. Tsunami yauraya vanhu, Zanu-PF iri kunyima vanhu veMDC chibage. Imiwo murikunyanya kunamata imi muchitambudzwa.
“Hurumende ndiyo inofanirwa kumukirwa nevanhu kwete kuti vanhu vamukirwe nehurumende,” read the outline of the State’s case.
The State argues that Matutu contravened Section 16(2)(b) of the Public Order and Security Act. He was arrested on August 25 2005 and when he was about to be tried, he filed an application for permanent stay of prosecution citing inordinate delay among other issues. Deputy Chief Justice Luke Malaba sitting with Justices Vernanda Ziyambi and Bharat Patel, dismissed the application.
“It is the unanimous decision of this court that the application is hereby dismissed.
“No evidence was placed before the court to show that the appellant’s right to a fair trial has been violated. Detailed reasons will follow in due course,” Justice Malaba ruled.
Matutu, a lawyer by profession, was representing himself in the case while Mr Edmore Nyazamba of the Attorney-General’s Office appeared for the State.
He argued that since his arrest in August 2005, a warned and cautioned statement was recorded from him a month later.
Matutu argued that the State delayed in prosecuting the matter and that he could not assert his rights to be tried within reasonable time because the case took time to be brought before a magistrate.
He argued that he never removed himself from the court’s jurisdiction over the years. Matutu applied for the case to be referred to the Supreme Court citing Constitutional breaches.
A Gweru magistrate granted the application last year but Justice Malaba threw it out yesterday.
Online Reporter