Harare magistrate Lazini Ncube has placed journalist Hopewell Chin’ono on remand for undermining the police through a tweet.
He was charged with contravening section 31 (a)(iii) of the Criminal Law (Codification and Reform) Act Chapter 9: 23, a charge which his defence argued was invalid as it had been struck off the Statutes by a 2014 Constitutional Court ruling.
Ncube ruled that it was his observation that General Amendment Act 3 of 2016 was used to validate the charge after the Legislature only amended a few words in the section and retained the offence.
“Though it was declared void by his defence, the Legislature retained it for professional reasons, hence it still exists as law. Only the words ‘Prison Service’ were replaced by ‘Prisons and Correctional Services’,” he said.
The magistrate further stated that section 61 of the Constitution now provides limitations to freedom of expression, thus duly placing accused on remand.