Harare Magistrate Tafadzwa Miti has today postponed ruling on an application by Norton legislator Temba Mliswa who approached the court to have his case referred to the Constitutional Court.
Through his lawyer Msindo Hungwe, Mliswa who is answering to charges of breaching Covid-19 regulations after he allegedly held a press conference at his Borrowdale residence early this year wants the Constitutional court to make a determination on the legality of his arrest.
Magistrate Miti moved the ruling to Tuesday next week as she was overwhelmed today.
Hungwe took the state witness to task demanding justification on why the police only arrested his client while leaving 25 journalists who attended the press conference.
Hungwe cornered the state witness to confirm that Mliswa and journalists are essential services allowed to operate during lockdown.
The state witness also confirmed that the number of the journalists who attended did not exceed 30 as prescribed by the law while insisting the vocal legislator breached the law.
“It doesn’t follow that if you are an MP you can gather as many people as you want. If I may be allowed to add, the are legal issues I may not be able to articulate well and it will be up to the court to decide at the end of the day,” said the IO.
