Home Crime and Courts Temba Mliswa loses freedom bid, vows ConCourt challenge

Temba Mliswa loses freedom bid, vows ConCourt challenge

by Kudakwashe Vhenge

By Own Correspondent


HARARE – A magistrate on Wednesday dismissed an application by Norton legislator Themba Mliswa challenging his placement on remand, saying the issues raised in his coronavirus regulations violation case were “triable.”


Mliswa was arrested by riot police while addressing a news conference at his house in Borrowdale, Harare, last month and charged with convening an illegal gathering.


Through his lawyer Musindo Hungwe, he immediately gave notice that he intends to mount a Constitutional Court challenge against his arrest, which he argues infringed on his rights and is, therefore, illegal.


The independent lawmaker had argued in court that there was no reasonable suspicion that he had committed any offense.

Mliswa contended that his house is not a public place, and that by gathering journalists, he was conducting an essential service as a member of parliament.


But prosecutors countered that the outspoken MP was not conducting parliament business and that he had a case to answer.


“It is the court’s view that the accused has to raise these issues during his trial. He is not disputing the facts but maintaining that his house is not a public space,” said magistrate Tafadzwa Miti.


“It is the court’s view that these are triable issues and dealing with such at this would be meddling with the merits of the case.”

Miti reasoned that by opening his house to members of the public, in this case, journalists, Mliswa had created a public space and therefore, potentially violated Covid-19 preventive protocols as charged.


“Otherwise people would have continued gathering in their places of residences thereby defeating the meaning of the law,” she said before dismissing the application.


The matter was remanded to March 22, 2020.

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