via MDC-T MP case referred to constitutional court | The Herald November 28, 2013 by Munyaradzi Musiiwa
THE case of MDC-T National Assembly member for Mkoba, Amos Chibaya, who is facing charges of undermining public confidence in the uniformed forces, has been referred to the Constitutional Court by Gweru magistrate Mrs Phathekile Msipa. Chibaya recently made an application to the court through his lawyer, Mr Reginald Chidawanyika of Chitere, Chidawanyika Law Firm, in which he raised constitutional issues which he wanted to be determined by the Constitutional Court before his trial opened.
He requested the court to refer his matter to the Constitutional Court.
MP Chibaya argued that the case had not been brought for trial within a reasonable time, thereby infringing on his rights as enshrined in the supreme law of the country.
Charges against Chibaya arose on May 10, at Mkoba 16 Business Centre, when he allegedly communicated to the public a statement which is wholly false with the intention of undermining public confidence in the uniformed forces.
Chibaya, who was addressing a group of MDC-T supporters at a rally, told them that all police officers and soldiers were going to vote using postal ballot system under strict supervision of their senior officers.
He also allegedly misinformed the public that the MDC-T was aware that police officers, soldiers and their families were instructed to vote for Zanu-PF.
Prosecutor Andrew Marimo appeared for the State.