By Sydney Gokomere
Gweru, November 15, 2016 – A Gweru provincial magistrate on Tuesday granted an application by suspended city mayor, Hamutendi Kombayi to have a matter in which he is accused of sending offensive text messages to Local government permanent secretary George Mlilo referred to the Constitutional Court.
Last month Kombayi appeared before provincial magistrate, Pathekhile Msipa facing charges of violating Section 88 of the Postal and Telecommunications Act.
It is alleged that in December last year Kombayi sent text messages to Mlilo which were offensive and threatening.
Last week Kombayi’s lawyer, Reginald Chidawanyika made an application to have the matter referred to the constitutional court saying the Gweru businessman’s prosecution infringed on his client’s constitutional rights to freedom of expression as guaranteed under Section 61 of the constitution.
State prosecutor Helen Khosa however opposed the application saying that Kombayi had a case to answer hence the matter should proceed to trial.
But Msipa made a ruling that the matter should be referred to the ConCourt for determination before granting the application.
It is the state’s case that on December 24 last year, Kombayi sent a message to Mlilo, which read: “I will fight you, the war begins in 2016. To hell, you are a thief…I have proof and you are a fool that does not have a diploma.”
On December 25, Kombayi is alleged to have sent another text message which read: “Audit tells you the problem, you decide. A suicide bomb will blast you.”