Jabulani Sibanda’s bail conditions relaxed

via Jabulani Sibanda’s bail conditions relaxed – DailyNews Live 28 February 2015 by Tarisai Machakaire

HARARE – A Harare magistrate yesterday relaxed bail conditions for ex-war veterans’ leader Jabulani Sibanda who is facing charges of breaching a controversial insult law.

He is answering to charges of insulting or undermining the authority of the president.

Allegations against Sibanda rose on October 27, 2014 at Hebert Mine in Mutasa.

He allegedly delivered a lengthy speech alleging that president Robert Mugabe and his wife Grace were planning to topple then vice president Joice Mujuru and replace her with the first lady.

He further said he was not prepared for such an arrangement because power is not “sexually transmitted”.

Sibanda, who is out on $400 bail, will now report to the police once every fortnight after the condition was altered from reporting every Friday.

As part of bail conditions, Sibanda has been barred from mobilising anyone to march to any state institution, reside at 6337 Nkulumane in Bulawayo and surrender his passport.

The case was remanded to May 29 pending the outcome of the Constitutional Court (Con-Court) application made by Sibanda.

Sibanda’s lawyer Sobusa Gula-Ndebele made an application that the charge was ultra vires his constitutional right to freedom of expression.

He argued that the charge has the effect of infringing on the rights and freedom of the accused, which rights have been deemed fundamental by the Constitution.

The application for the referral was granted by then presiding magistrate Vakayi Chikwekwe, who conceded that the lower courts needed guidance from the superior courts on cases of such a nature.