Pastor Patrick Mugadza is set to face trial for his prophecy that President Robert Mugabe will die on 17 October this year after the Constitutional Court (CoonCourt) dismissed his application seeking stay of prosecution.
Chief Justice Luke Malaba, sitting with the full ConCourt bench, declined hearing the matter on merits and dismissed it on the basis that it had been improperly brought before the court. Justice Malaba then told lawyers and magistrates that there was a misconception that every matter raising some difficulties between them must be referred to the ConCourt. Said Malaba:
There is a misconception by lawyers and magistrates, who always fail to determine the questions and the issues to be referred to the ConCourt. The lawyers and the magistrates must first decide whether there are questions and issues, necessary to be referred to this court. Questions to be answered by magistrates must be done so; magistrates must decide whether or not the questions raised for determination are frivolous and vexatious.
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