adminThulani Ndlovu
THE trial of Mthakwazi Joint Resolution members and Makuzeze villagers who are accused of disturbing public order and chasing away Shona-speaking teachers from Makuzeze Primary School in Mangwe District has been referred to the Constitutional Court.
The application for referral to the Constitutional Court was made after the presiding magistrate, Mr Gideon Ruvetsa, refused to discharge the accused persons at the close of the State’s case.
Mr Dumisani Dube of Cheda and Partners Legal Practitioner representing the accused persons, told Mr Ruvetsa, in his referral application, that the charges against the accused persons violated their right to association, freedom of speech, right to petition, right to information and the right to dignity.
“Whereas it is important to ensure law and order during protests, Section 41 (b) of Criminal Law (Codification and Reform) Act unconstitutionally infringes on the legitimate basic human rights of the accused persons. The limitation of rights should be proportionate to means sought to be achieved not unnecessarily restrictive,” said Mr Dube.
“The law clearly contravenes international and regional standards, including Articles 19 and 21 of the International Covenant on Civil and Political Rights (ICCPR) and Articles 9, 10 and 11 of the African Charter on Human and Peoples’ Rights, and also violates sections 58, 60, 61, 62 of the Zimbabwe Constitution.”
However, the State opposed the application for referral to the Constitutional Court saying there were no absolute rights and limitation of the rights provided in the criminal code was reasonable and justifiable.
Mr Dube also said protesting, however, was not necessarily violent or a threat to the interests of national security or public safety nor is it necessarily civil disobedience, but the accused persons were peacefully and in the presence of the police, confronting a headmistress and teachers who had embezzled school funds and recorded only one Grade Seven pass during her two-year tenure at Makuzeze Primary School.
Mr Ruvetsa agreed with Mr Dube, saying his court did not have jurisdiction to deal with constitutional matters and when a counsel raises them he had an obligation to transfer the matter to the Constitutional Court for determination.
About two months ago, Sithembile Victoria Pasipanodya the former headmistress at Makuzeze Primary School, who opened the case against the accused persons, Mqondisi Moyo (35), Busani Sibindi (29), Thandolwenkosi Dube (23), Simanje Sibanda (45), Lieoto Dube (34), Ntokozo Denge (35) and Temba Mvundla (56), confirmed to the Plumtree magistrate that only one Grade Seven pupil passed during her tenure.
The teacher, who taught the Grade Sevens then was Munyaradzi, her husband who is a witness against the accused persons.
Online Reporter