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William Mutumanje

Tendai Rupapa Senior Court Reporter
Former Zanu-PF activist William Mutumanje, also known as Acie Lumumba, who is facing charges of undermining the authority of President Mugabe, wants his matter referred to the Constitutional Court following the dismissal of his application in which he was challenging placement on remand.

Lumumba’s application hit a brick wall after Harare provincial magistrate Mr Vakayi Chikwekwe ruled that there was no need to set aside the court proceedings saying the State can always seek the Prosecutor-General’s permission to prosecute.

He said the anomaly on the State’s part that formed the basis of Lumumba’s application could not warrant his removal from remand.

Mr Chikwekwe remanded the matter to Friday this week for trial commencement.

However, Lumumba’s lawyer Mr Arshiel Mugiya notified the court of his intentions to apply for referral of the matter to the Constitutional Court on the next remand date.

He argued that there are constitutional issues which needed to be determined by the apex court.

Lumumba made an application last week challenging his placement on remand on the basis that the Prosecutor-General did not authorise his prosecution.

Normally cases of this nature and that of insurgence and publishing or communicating falsehoods which are prejudicial to the State among others, require the express authority of the PG in terms of Section 34 of the Criminal Law (Codification and Reform) Act.

Lumumba argued that the letter, which authorised his placement on remand, was not authored by the PG.

“Your Worship, Section 34 of the Criminal Law (Codification and Reform) Act is clear that an accused person who is being charged for undermining the authority of the President, the authority of the Attorney-General, now the Prosecutor-General, must be sought,” he said.

The prosecutor Mr George Manokore assisted by Ms Lionella Chitanda, argued that there was a section which allows the PG to delegate his powers.

Mr Manokore said, “Your Worship, Section 6 (2) of the Criminal Procedure and Evidence Act empowers the PG to delegate his powers to any legal practitioner in his office.

“Also Section 11 of the Criminal Procedure and Evidence Act, which the defence is also basing on, talks of the local public prosecutor not the AG, hence the section is irrelevant to the application he is making,” he said.

It is the State’s case that on June 30, Lumumba, who was addressing people during the launch of his political party, said: “Mr President Robert Gabriel Mugabe, f*** you. I am drawing the red line, our kids are in trouble so it is a red line I know and my name is Lumumba, Lumumba Lumumba.”