MDC Alliance Zengeza West parliamentarian Job Sikhala, pictured, who is accused of publishing falsehoods, is pushing for the charges to be dropped, arguing that the High Court recently declared the offence unconstitutional in a case involving another litigant.
Sikhala was accused of peddling falsehoods through Facebook by commenting on an incident in which a police officer was alleged to have hit a baby to death with a baton.
However, through his lawyer, Alec Muchadehama, Sikhala applied for the quashing of the charges.
“Applicant moves that he be removed from remand on the basis that it is neither justified nor reasonable in that the ‘offence’ under which he is charged is not part of Zimbabwean law.
“The High Court has already made a definitive pronouncement that there is no offence called publishing false statements prejudicial to the State in Zimbabwean law. It has also specifically declared the alternative charge not to be part of Zimbabwean law,” he argued.
Muchadehama further argued that Sikhala should not have been prosecuted at all and that the court hearing should not continue.
“Accused should not be subjected to prosecution or placed on remand based on proceedings that should not be taking place at all,” he argued.
The State asked for time to respond to the application and the court will make a ruling on June 16.
Sikhala is accused of having written on his Facebook page that: “This monstrosity in our country must come to an end. People are already suffering through a mirage of problems and you just take your baton stick and kill a nine-months child.
“We have reached a boiling point. This year, igore rezvimbokoma (is a year of fighting). Wait and see. I swear with my dead mother”.