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Midlands Reporter
THE sentencing of former Masvingo Central MP, Tongai Matutu, who is facing charges of insulting President Mugabe failed to take place yesterday owing to the swearing-in event of two magistrates at the Gweru courts on Friday.Matutu, a lawyer and former deputy minister in the inclusive government, allegedly insulted President Mugabe at an MDC-T rally held in Zaka in 2005.

The legislator is facing a charge of contravening a section of the Public Order and Security Act. He pleaded not guilty and is out of custody on free bail.

Presiding magistrate, Pathekile Msipa, who is also Gweru Provincial Magistrate, moved the sentencing of Matutu to Tuesday next week to allow for the preparations of the swearing in of two magistrates at the Gweru courts.

The case which occurred in Zaka, Masvingo had to be referred to Gweru after successive prosecutors and magistrates in Masvingo recused themselves on several occasions from prosecuting or presiding over the matter.

The magistrates and prosecutors declined to preside over the case arguing that most of them were either his students or were in the same class with the accused at school.

In 2012, Matutu submitted to the court that the matter be referred to the Supreme Court and be thrown out for taking more than eight years before prosecution but the superior court overruled the application.

Andrew Marimo, prosecuting told the court that on July 25, 2005 and at Feri Training Centre, Zaka, MDC held a rally.

Marimo said Matutu was then invited to give a speech to the public who were the targeted group.

He said Matutu allegedly uttered words which are insulting or threatening to the Head of State saying:

“I’ve never seen a dog like Mugabe; tsunami has killed people. Zanu-PF is not giving MDC supporters maize. We pray while we are made to suffer. The government is rising against the people yet it should be people rising against the government.”

His lawyer, Reginald Chidawanyika of Chitere, Chidawanyika and Partners dismissed the allegations.

He told the court there was no evidence that Matutu was referring to President Mugabe since there were many Mugabes in the country.

Chidawanyika said the Act which his client allegedly contravened was repealed on June 24, 2004 yet Matutu committed the alleged crime a year later.