By Mary Taruvinga
INDEPENDENT legislator for Norton, Temba Mliswa is up in arms with the police for electing to arrest him alone while leaving dozens of journalists who attended his ill-fated press conference last month.
Mliswa made the remarks in his application for referral of his case to the Constitutional Court.
Police stormed Mliswa’s Harare home in upmarket Borrowdale suburb to arrest the controversial lawmaker in the middle of his press conference to respond to a slew of social media accusations made against him by ex-lover Susan Mutami.
Police accused him of breaching Covid-19 regulations through convening the media briefing.
However, through his lawyers, Mliswa told the upper court that charges against him ought to be dropped because he was arrested unlawfully and the police violated his rights.
The former Zanu PF politician has renewed his freedom bid after his other application challenging placement on remand fell through.
“Take notice that applicant applies for referral to the Constitutional Court of the question of a possible breach of certain provisions of Constitution of Zimbabwe arising out of his arrest and prosecution on the charge of breaching provisions of section 5(3) (a) of the Public Health (Covid-19 Prevention, Containment and Treatment) (National Lockdown) (Consolidation and Amendment) Order, 2020 (Statutory Instrument 200 of 2020) as read with Statutory 19 of 2021,” reads his application.
“Further take notice that the following are the questions whose referral applicant seeks whether the singling out for arrest and prosecution of the applicant from amongst 23 persons allegedly gathered at the applicant’s residence on the day in question amounts to discrimination and offends against section 56 (1) of the Constitution of Zimbabwe,” said his lawyer Musindo Hungwe.
Hungwe also said the arrest of his client without warrant was unlawful.
Mliswa is out on $20 000 bail.
Two weeks ago, he challenged his placement on remand with no success.
Magistrate Tafadzwa Miti said his arguments were triable.
Court also ruled he did not dispute that he held a press conference during the national lockdown.