ZRP Is reportedly charching Hopewell Chin’ono using a law that in another case in 2014 was struck off the statute by the Constitutional Court, Law fundi Alex Magaisa has said.
Magaisa, in a Twitter thread, echoed what Chin’ono said that his arrest is political persecution when he tweeted that:
Police Zimbabwe are charging journalist Hopewell Chin’[email protected] under a provision that was struck off the statute by the Constitutional Court in 2014. In the Chimakure case, the court held that s. 31(a)(iii) of the Criminal Code was VOID.
The regime will probably say it was declared void under the old Constitution. But this would be a silly argument. Once the provision was struck off, it no longer existed.
The only way it would exist is if the legislature re-enacted it. None of that happened. There’s NO offence!
It’s another demonstration of the fact that it’s political persecution packaged as a prosecution. How do the police and prosecutors bring charges under a non-existent law? It’s stupid, embarrassing and unprofessional but this is what happens in an authoritarian regime.
Chin’ono who was arrested for the third time in 6 months was picked up at his home yesterday and charged with tweeting false reports after he commented on a viral story about an RP officer allegedly fatally striking a baby strapped on its mother’s back.
Source | Alex Magaisa Twitter