adminMidlands Reporter
Masvingo Central MP, Tongai Matutu, who was facing charges of insulting President Mugabe, yesterday heaved a sigh of relief after his eight year old case was dismissed by Midlands provincial magistrate, Pathekile Msipa.The court upheld the application made by Matutu’s lawyer, Reginald Chidawanyika of Chitere, Chidawanyika and Partners to the courts that his client was facing charges based on an outdated law, a section of the Public Order and Security Act.
Msipa said the case was dismissed on the basis that Matutu committed the crime in 2005 after a section of POSA which was used to charge him had been repealed.
Matutu, a lawyer by profession and former deputy minister in the inclusive government, allegedly insulted President Mugabe at an MDC-T rally held in Zaka in 2005.
The legislator was facing a charge of contravening a section of POSA.
The case which allegedly occurred in Zaka, Masvingo had to be referred to Gweru after successive prosecutors and magistrates in Masvingo recused themselves on several occasions from prosecuting or presiding over the case.
The magistrates and prosecutors declined to preside over the case arguing that most of them were either his students or were in the same class with the accused at school.
In 2012 Matutu submitted to the court that the matter be referred to the Supreme Court arguing that the case should be thrown out because it had taken more than eight years before prosecution but the superior court overruled the application.
Andrew Marimo appeared for the state.
derick.khumalo