Former Zanu-PF activist William Mutumanje, also known as Acie Lumumba, who is facing charges of undermining the authority of President Mugabe, yesterday claimed that the context in which he said the “F” word was not insulting.
However, a defiant Lumumba went on to insult the President again.
“So if me calling him out is insulting him, then I believe the President has been “f*******” us for 36 years,” he said.
He said this while making oral submissions for referral of his matter to the Constitutional Court. Lumumba’s lawyer Mr Arshiel Mugiya, asked if his rights as enshrined in the new Constitution were being violated and in response he said:
“The Constitution that empowers the State to put me where I am today is the same Constitution that protects my freedom of speech and expression.
“The same Constitution allows me to be a citizen of this country who can disapprove of a person who I believe works for me.
Yes, my constitutional rights as enshrined in the new Constitution are being infringed.”
In his written submissions, Lumumba said in terms of Section 56 (1) of the constitution all citizens where equal before the law.
“Everyone is subjected to protection of the law, the constitution does not discriminate anyone from such equality in other words the President in the eyes of the law enjoys no better rights than another citizen of Zimbabwe,” he said.
“The same constitution grants immunity to the President from being sued or charged with a criminal offence during his term of office in terms of Section 98 of the Constitution, it is my humble submission that the same immunity does not extend to him being protected from criticism or sceptic from the general public.”
Harare provincial magistrate Mr Vakayi Chikwekwe deffered the matter to Tuesday next week when prosecutor Mr George Manokore assisted by Ms Leonella Chitanda is expected to cross-examine and respond to Lumumba’s application.
It is the State’s case that on June 30, Lumumba, who was addressing people during the launch of his political party, said:
“Mr President Robert Gabriel Mugabe, f*** you. I am drawing the red line, our kids are in trouble so it is a red line I know and my name is Lumumba, Lumumba Lumumba