A ZIMBABWEAN court has ended the three-week detention of two tourists, who were arrested early this month by Zimbabwe Republic Police (ZRP) officers, after acquitting them of spurious charges of criminal nuisance and contravening the country’s Censorship and Entertainment Control Act.
Tom Ssekamwa, a 24 year-old Ugandan citizen, had been on trial at Masvingo Magistrates Court, after he was arrested on 1 August 2024 by ZRP officers and charged with contravening section 26(1)(a) of the Censorship and Entertainment Control Act.
During trial, which was presided over by Masvingo Magistrate Isaac Chikura, prosecutors claimed and accused the Ugandan national of unlawfully being in possession of an artificial penis, Dulex real feel 50ml tub and climax for men in his bag, an article which prosecutors said is prohibited from being possessed by anyone.
Apart from answering to charges of contravening section 26(1)(a) of the Censorship and Entertainment Control Act, Ssekamwa was also charged with criminal nuisance as defined in section 46 of the Criminal Law (Codification and Reform) Act.
Prosecutors alleged that the Ugandan citizen unlawfully held in his possession an artificial Dulex real feel 50ml tub and climax for men in his bag, which are all prohibited items.
They claimed that ZRP officers, who conducted a search on Ssekamwa’s room at Backpackers Rest Budget in Masvingo recovered the alleged offensive items in his bag and stated that the tourist’s conduct was unlawful.
But on Monday 26 August 2024, Magistrate Chikura acquitted Ssekamwa after ruling that he had not committed any offence as had been alleged by ZRP officers and prosecutors.
Magistrate Chikura ruled that prosecutors had failed to follow mandatory procedures provided in the Censorship and Entertainment Control Act, which required the state to obtain a Certificate of Authority to Prosecute issued by the Prosecutor-General or the Deputy Prosecutor-General in terms of the law.
The Magistrate stated that the state should have first satisfied the requirement that there is an existence of a government gazette which gazetted artificial penis as a prohibited item in Zimbabwe.
Earlier on, Magistrate Chikura on Friday 23 August 2024 also acquitted Lukas Slavia, a 37 year-old Czech Republic citizen, who had been on trial after he was arrested together with Ssekamwa on 1 August 2024 by ZRP officers and charged with publishing or communicating false statements prejudicial to the state as defined in section 31(a) of the Criminal Law (Codification and Reform) Act or alternatively with criminal nuisance as defined in section 46 of the Criminal Law (Codification and Reform) Act.
During trial, prosecutors told Magistrate Chikura that the Czech national, recorded a video clip of some mourners, while stating and lamenting water shortages and electricity outages in Masvingo province.
Prosecutors later dropped charges of publishing or communicating false statements prejudicial to the state and proceeded with his trial on criminal nuisance charges.
But Slavia, who was represented by Knowledge Mabvuure of Zimbabwe Lawyers for Human Rights, was acquitted by Magistrate Chikura on 23 August 2024, who ruled that the alleged video clip recorded by the tourist was not offensive and did not constitute a criminal act but was just a factual narration of issues obtaining on the ground.
Slavia, Magistrate Chikura ruled, did not interfere with the public, when he allegedly recorded the video clip.
On 24 August 2024, Slavia was “escorted” out of Zimbabwe by immigration authorities from Masvingo Remand Prison to Robert Mugabe International Airport, for him to leave the country.
The same fate awaits Ssekamwa too, who on Wednesday 28 August 2024, was being driven from Masvingo Remand Prison to Robert Mugabe International Airport, for him to leave Zimbabwe.
ENDS
Zimbabwe Lawyers for Human Rights
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