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Court Reporter
The Constitutional Court has reserved judgment in the case in which MDC-T secretary general is challenging the legality of the law which criminalises statements insulting the President.

Mwonzora is facing charges of insulting President Mugabe by calling him a goblin.

Mwonzora allegedly told MDC-T supporters at a political rally in Mutare that President Mugabe was a goblin.

The court is being asked to determine whether the goblin can be described and whether the statement was rhetorical and uttered at a political rally. After hearing arguments on the preliminary issues raised in the matter the court reserved its ruling to a later date. In Zimbabwean traditional mythology, goblins are feared, horrid creatures with evil powers. Mwonzora made the remarks at a political rally ahead of presidential and parliamentary elections held on July 31, 2013. Earlier on, the court heard three other applications of a similar nature. First to be heard was the case of a Bulawayo woman who allegedly sent a nude picture of President Mugabe on the social network, WhatsApp, purporting the picture was taken on February 21, 2011 on President Mugabe’s birthday.

In this case, the court is being asked to decide whether sending a photoshoped picture of President Mugabe through WhatsApp qualifies as undermining the authority of the President.

Section 33(2) (2) of the Criminal Code spells out the crime of publicly undermining the authority of the President.

This also brings to the fore the definition of public in light of current means of electronic communication.

Advocate Lewis Uriri assisted by Advocate Webster Chinamhora argued that it was not necessary for the court to decide on the question of constitutional validity of the presidential insult provision in the criminal code.

“The offence of presidential insult is committed on a public place,” said Adv Uriri.

“In this case, it is alleged the insult was over the WhatsApp platform and communicated to one person.

The WhatsApp platform is not a public place as defined in criminal code and members of the public do not have access to private communication over the platform.”

Mr Innocent Muchina, who appeared for the State, argued that the communication was to a member of the public to warrant the prosecution. The court reserved judgment on the preliminary points raised and refused to hear arguments on the merit of the application.

However, the court removed from the roll the prosecution insult case against another human and political rights activist Gilbert Kagodora, who was also accused of undermining the authority of or insulting the President. Kagodora was accused of denouncing President Mugabe during an address to party supporters at a constitutional awareness meeting held at Nzvimbo Council Hall in Chiweshe, Mashonaland Central on March 11, 2010.

Another activists Edson Ndiraire had similar charges dropped after the court ruled that the charges do not constitute essential elements of the offence.

The court said Ndiraire could not plead to a defective charge. Advocate Tawanda Zhuwarara assisted by Advocate Nelson Chamisa represented Mwonzora.