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Pastor Phillip Mugadza, the Remnant Pentecostal Church leader who was arrested in January for prophesying the death of President Robert Mugabe, has had his application to have his case referred to the Constitutional Court granted by a Harare Magistrate.
Magistrate Nomsa Sabarauta on Monday referred the application filed by Mugadza, who is challenging his arrest and prosecution, saying it violated his fundamental rights.
Mugadza, who first made the headlines when he held a one man demonstration against President Mugabe during a Zanu PF conference in 2015, was arrested on Monday 16 January 2017 and charged with causing offence to persons of a particular race and religion or alternatively causing criminal nuisance.
His lawyers, David Hofisi, Gift Mtisi and Dorcas Chitiyo of the Zimbabwe Lawyers for Human Rights filed a request in the seeking to have his matter referred to the Constitutional Court to determine the violation of several of his fundamental rights while his trial was ongoing.
In his application, Mugadza was challenging the Constitutional validity of Section 42 (2) as read with Section 42(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) arguing it violated his rights to dignity, equal protection and benefit of the law, freedom of conscience and freedom of expression.
The fiery Mugabe critic has petitioned the Roman Catholic church to excommunicate President Robert Mugabe.
Prosecutors had alleged that Mugadza insulted the Christian religion and African tradition by uttering words predicting the death of Mugabe this year and causing the publication of a story in an online media publication entitled "Pastor Mugadza says Mugabe to die in October."
Source: All Africa
Magistrate Nomsa Sabarauta on Monday referred the application filed by Mugadza, who is challenging his arrest and prosecution, saying it violated his fundamental rights.
Mugadza, who first made the headlines when he held a one man demonstration against President Mugabe during a Zanu PF conference in 2015, was arrested on Monday 16 January 2017 and charged with causing offence to persons of a particular race and religion or alternatively causing criminal nuisance.
His lawyers, David Hofisi, Gift Mtisi and Dorcas Chitiyo of the Zimbabwe Lawyers for Human Rights filed a request in the seeking to have his matter referred to the Constitutional Court to determine the violation of several of his fundamental rights while his trial was ongoing.
In his application, Mugadza was challenging the Constitutional validity of Section 42 (2) as read with Section 42(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) arguing it violated his rights to dignity, equal protection and benefit of the law, freedom of conscience and freedom of expression.
The fiery Mugabe critic has petitioned the Roman Catholic church to excommunicate President Robert Mugabe.
Prosecutors had alleged that Mugadza insulted the Christian religion and African tradition by uttering words predicting the death of Mugabe this year and causing the publication of a story in an online media publication entitled "Pastor Mugadza says Mugabe to die in October."
Source: All Africa
