MP in the dock

Midlands Correspondent
MDC-T legislator for Mkoba constituency in Gweru, Amos Chibaya, who is facing charges of undermining public confidence for the uniformed forces, requested the court on Tuesday to refer his case to the Constitutional Court. Through his lawyer, Mr Reginald Chidawanyika of Chitere, Chidawanyika law firm, Chibaya raised constitutional issues which he wanted to be determined by the Constitutional Court before his trial opened.

He argued that the case had not been brought for trial within a reasonable time, thereby infringing on his rights as enshrined in the supreme law of the country. Gweru magistrate Ms Sithembiso Ncube deferred the matter to November 12 for continuation of the hearing. Charges against Chibaya arose on May 10 2008, at Mkoba 16 business centre, when he allegedly communicated to the public a statement which is wholly false with the intention of undermining public confidence in the uniformed forces.

Chibaya, who was addressing a group of MDC-T supporters at a rally, told them that all police officers and soldiers were going to vote using postal ballot system under strict supervision of their senior officers. He also allegedly misinformed the public that MDC-T was aware that police officers, soldiers and their families were instructed to vote for Zanu-PF.