Fadzai December, Molly Chimhanda and Gilbert Mabusa are facing trial for insulting or undermining the authority of President Robert Mugabe.
After her ruling, Ncube indicated that they will be making a constitutional application on the 7th of February when the trio appear for routine remand so that the matter is referred to the Supreme Court as it infringes on his clients’ rights.
The charges are arising from a civic education meeting they facilitated last year however, had reasons to smile after the magistrate dropped the other charges.
Nazombe said the three had a case on the charge of insulting or undermining the authority President Robert Mugabe as the DVDs carry a message which says, “the President of the Republic of Zimbabwe Robert Gabriel Mugabe is a wanted person for murder of various people including political violence and that the state media was biased and supportive of ZANU PF.”
Nazombe dropped the first charge of unlawfully convening a public meeting with discussion of political nature without notifying the police concurring with the defense counsel that the meeting was an organizational meeting and was attended by less than fifteen people.
Under the Act a meeting becomes public if it’s attended by more than fifteen people.
She went on to drop the second charge that of unlawfully distributing DVDs carrying material likely to breach peace.
The charges stem from a civic education meeting the three facilitated in November 24 last year and spent twelve days behind bars after the state invoked Section 121 of the Criminal Procedure and Evidence Act to deny them bail.