<vote /> Last Friday, Acie Lumumba made an application challenging his placement on remand on the basis that the Prosecutor-General did not authorise his prosecution. Harare Provincial magistrate Mr Vakayi Chikwekwe is today expected to rule on whether the former Zanu-PF activist who is facing charges of undermining President Robert Mugabe, should be freed or remain on remand.
Through his lawyer, Mr Arshiel Mugiya, Lumumba argued that the letter which authorised his placement on remand was not authored by the Prosecutor-General as required in terms of Section 34 of the Criminal Law (Codification and Reform) Act.
In response the State prosecutor Mr Madhume said,
“Your Worship, Section 6 (2) of the Criminal Procedure and Evidence Act empowers the PG to delegate his powers to any legal practitioner in his office. Also Section 11 of the Criminal Procedure and Evidence Act which the defence is also basing on, talks of the local public prosecutor not the AG, hence the section is irrelevant to the application he is making."
After hearing submissions from both counsels, Mr Chikwekwe deferred the matter to today for ruling.
Read More: The Herald
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