Date Of Article: 3/27/2003
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Mazeze case goes to High Court
By: Daniel Nyirenda
The Blantyre Magistrate’s Court on Wednesday referred the case of MIJ radio journalist Maganizo Mazeze to the High Court, saying an objection raised by his lawyers was constitutional in nature and could only be handled by the High Court. According to the court minutes, presiding Senior Resident Magistrate Jack N’riva observed that the application by the defence counsel had raised constitutional, substantive and procedural questions which could only be answered by the High Court. Mazeze’s lawyers Alinane Kauka and Viva Nyimba on Tuesday challenged the charge filed by the prosecution against the journalist, saying it is invalid and unconstitutional and asked the court to either discharge Mazeze or refer his case to the High Court. Mazeze is being charged with publishing false news likely to cause fear and alarm to the public in contravention of Section 60 (1) of the Penal Code. “In essence, looking at the application...these are questions of constitutional interpretation. These issues are reserved to the unlimited original jurisdiction of the High Court. “More so under Section 41(2) of the Constitution the accused person would have to access to the High Court for the purposes of constitutionality of section 60(1) of the Penal Code. In those circumstances, the final decision of the High Court would bind all state agencies in issues of this nature,” said N’riva. He asked the High Court to make its determination on the matter “as expeditiously as possible” and then inform the lower court for procedural guidance.
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