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Daniel Nemukuyu Senior Court Reporter—
The Constitutional Court has directed the prosecution and lawyers representing MDC-T spokesperson Mr Douglas Mwonzora in the case in which the politician is being accused of insulting President Mugabe to consider whether the words he allegedly uttered constitute an offence. Chief Justice Godfrey Chidyausiku deferred the constitutional challenge to an indefinite date to allow the parties, if necessary, to file supplementary heads of argument on the words allegedly uttered by Mr Mwonzora at a rally in Nyanga in 2009.
Mr Mwonzora is accused of likening President Mugabe to a goblin and the words were quoted as follows:
“President Robert Mugabe chikwambo, uye achamhanya. Ndaona Mugabe achigeza, tauro muchiuno, sipo muhapwa uye ndebvu hwapepe. Pamberi neMDC, pasi nechihurumende chembavha chinosunga vanhu vasina mhosva chichitora zvinhu zvavo”.
According to the State, the uttered words were translated into English to mean:
“President Mugabe is a goblin and will run . . . I saw Mugabe bathing, towel on his waist, soap under his armpits and big beard . . . forward with MDC, down with bad government of thieves which arrest innocent people and taking away their property (sic)”.
The utterances, although Mr Mwonzora denied them, are said to be in breach of Section 33 (2) of the Criminal Law Codification Reform Act as they have the effect of demeaning the President.
He allegedly said the words at a rally he addressed at Ruwangwe Growth Point in Nyanga North constituency in March 2009.
The court is expected to determine whether or not Mr Mwonzora’s freedom of expression, as enshrined in the Constitution of Zimbabwe, has been violated
It will also rule on Mr Mwonzora’s claim that the arrest and prosecution denied him freedom of thought and political rights.
Mr Mwonzora argued that Section 33 of the Criminal Law (Codification and Reform) Act is too wide, broad and vague to render the law uncertain and thereby infringing on his right to protection of the law.
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