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Tendai Rupapa Senior Court Reporter
Former war veterans leader Jabulani Sibanda, who is accused of insulting President Mugabe, will have to remain on remand for a while, pending determination of his application to have his case referred to the Constitutional Court. The High Court is expected to determine the case. On his initial appearance Sibanda, through his lawyer Mr Sobusa Gula-Ndebele, successfully applied to have the case referred to the Constitutional Court after raising constitutional grounds.
Mr Gula-Ndebele insisted that the charge was ultra-vires Sibanda’s constitutional right to freedom of thought, opinion, religion and belief, among others.
Sibanda yesterday appeared before magistrate Mr Milton Serima for his routine remand.
He was given a longer remand period to February 27 after the State, led by Miss Sharon Mashavira, told the court that they were still waiting for the outcome of his application at the Constitutional Court.
Sibanda (56) of number 6337 Nkulumane, Bulawayo is on US$400 bail.
He is being accused of contravening section 33 (2) (b) of the Criminal Law (Codification and Reform) Act Chapter 9:23.
It is alleged that on October 27 this year at Herbert Mine in Mutasa — Sibanda addressed an illegal gathering of war veterans at the mine shaft.
The gathering was for the reburial of exhumed liberation war fighters’ bodies, despite the reburial being rescheduled to a later date by the Minister of Home Affairs Cde Kembo Mohadi.
Sibanda allegedly delivered a lengthy speech and said President Mugabe and his wife were plotting a “bedroom coup” to remove Vice President Joice Mujuru and replace her with First Lady Dr Grace Mugabe.
He said that he was not prepared for that and that power was “not sexually transmitted”.
Online Reporter