Gwanda magistrate Wilfed Mafios Moyo will next Tuesday deliver his ruling on a freedom bid filed by former MDC councillor in Gwanda, Themba Nyoni, charged with insulting President Robert Mugabe.
The 49-year-old had been put on trial at the Gwanda Magistrates’ Courts on Tuesday facing charges under Section 33 (2) (b) of the Criminal Law (Codification and Reform) Act Chapter 9:27.
On Tuesday, Nyoni’s lawyer Lizwe Jamela of Zimbabwe Lawyers for Human Rights (ZLHR) challenged the prosecution of his client by filing an application for exception to the charge arguing that the allegations against his client do not disclose an offence.
Moyo will on Tuesday rule on Nyoni’s application.
Prosecutor, Blessing Gundane, initially concurred with Jamela.
But the National Prosecuting Authority on February 13, issued a certificate authorising Nyoni’s prosecution hence he was summoned to stand trial on Tuesday.
Nyoni was arrested on January 28, this year after he allegedly told Rural Development minister, Abedinico Ncube that Mugabe was too old and should consider stepping down from his position as the leader of the country.
He reportedly said this in the Ndebele dialect: “Mina angisoze ngi-join Zanu PF, hambani liyetshela uMugabe a-step down kuthi ngize ngijoine iZanu PF (Go and tell Mugabe to step down so that I can join Zanu PF).”
This reportedly incensed Ncube, who reported Nyoni to the police