By Sydney Gokomere
Gweru, November 07, 2016 – PROSECUTORS on Monday opposed an application by suspended Gweru mayor, Hamutendi Kombayi to have his insult case referred to the Constitutional Court.
The MDC-T official was dragged to court by Local Government, Public Works and National Housing permanent secretary, Engineer George Mlilo over alleged offensive text messages he had sent him.
Kombai, who appeared before provincial magistrate, Pathekhile Msipa, is facing charges of violating a section 88 (a) of the Postal and Telecommunications Act Chapter 12.05.
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 it infringed on his client’s fundamental rights.
State prosecutor Helen Khosa opposed the application saying the Gweru businessman had a case to answer hence the matter should proceed to trial.
Msipa will make a ruling this Thursday on whether the matter should be referred to the constitutional court or not.
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.”