Tendai Rupapa Senior Court Reporter—
Ousted war veterans leader Jabulani Sibanda, who is facing charges of insulting President Mugabe while addressing an unsanctioned rally in Mutare in 2014, will have to remain on remand for a while pending determination of his application at the Constitutional Court.
On his initial appearance, Sibanda, through his lawyer, successfully applied to have the case referred to the highest court.
In his Concourt application, Sibanda raised constitutional grounds which needed to be determined by the apex court.
He argued that the charge had the effect of infringing on his rights and freedom enshrined in the Constitution.
Sibanda yesterday appeared before magistrate Mrs Rumbidzai Mugwagwa who further remanded him to May 31.
This was after the State led by Mr Sebastian Mutizirwa notified the court that the case was still pending at the Concourt.
“Your Worship the matter is still at the Constitutional Court, therefore, we would like to seek a further postponement of the matter to May 31 while awaiting the outcome at the highest court,” he said.
Sibanda of 57 Nkulumane, Bulawayo, faces charges of contravening Section 33 (2) (b) of the Criminal Law (Codification and Reform) Act Chapter 9:23.
Allegations are that on October 27, 2014 at Herbert Mine in Mutasa, Sibanda addressed an illegal gathering of war veterans at the mine shaft.
The gathering was for the reburial of the bodies of exhumed liberation war fighters, despite the event having been rescheduled to a later date by former Minister of Home Affairs Cde Kembo Mohadi.
Sibanda allegedly delivered a lengthy speech and said the President and his wife (Dr Grace Mugabe) where plotting a “bedroom coup” to remove the then Vice President Joice Mujuru and replace her with the First Lady.
It is alleged that he said power was not “sexually transmitted.”