Senior Court Reporter
NORTON legislator, Temba Mliswa, yesterday had his application for referral to the Constitutional Court of his matter in which he is accused of violating Covid-19 lockdown regulations after calling for a press conference at his Borrowdale residence, deferred to Friday.
The matter was deferred after Mliswa’s lawyer Mr Musindo Hungwe failed to attend court since he was attending to other matters at the High Court.
Mliswa decided to take his matter to the Constitutional Court after losing the bid to challenge his arrest and removal from remand at the Harare Magistrates Court.
Through Mr Hungwe, Mliswa notified the State on his last appearance that he will make an application for referral of his matter to the Concourt for it to make a determination on whether his constitutional right to liberty was not violated.
He also said he wants the Concourt to determine on his right to be released promptly in the event of an unlawful arrest.
Mr Hungwe indicated that he will file his application next week.
He made the notification after magistrate Ms Tafadzwa Miti dismissed his bid to have Mliswa removed from remand.
Ms Miti said Mliswa’s approach towards challenging his placement on remand was wrong considering that he had initially consented on his initial appearance.
Prosecutor Mr Lancelot Mutsokoti opposed the application.