A ZIMBABWEAN court has ordered a temporary stay of trial proceedings against Timothy Chiminya, a traditional leader, who refers himself as King Munhumutapa, after he protested against some procedural anomalies in prosecuting him, for allegedly undermining authority of or insulting President Emmerson Mnangagwa.
Chiminya had been forced to stand trial answering to charges of undermining authority of or insulting President Mnangagwa at Harare Magistrates Court before Magistrate Winfilda Tiyatara, who had dismissed his application in which he had applied for trial proceedings to be stayed pending the issuance of a proper Certificate of Authority to Prosecute from the Prosecutor-General Loice Matanda-Moyo.
He was arrested on 16 December 2024 in Harare and charged with undermining the authority of the President in contravention of section 33 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Prosecutors alleged that Chiminya insulted the authority of the President by purporting to appoint traditional Chiefs, which is a preserve for the President. He was also accused of purporting to dethrone some traditional chiefs in Zimbabwe.
On 6 June 2025, Chiminya, who is represented by Gift Mtisi of Zimbabwe Lawyers for Human Rights, objected to commencement of his trial without authority of the Prosecutor-General as provided under the provisions of section 34 of the Criminal Law (Codification and Reform) Act and the National Prosecuting Authority (NPA) furnished him with a letter signed by a Prosecutor only identified as Shonhayi purportedly authorising his prosecution.
In his application, Chiminya argued that Shonhayi’s letter did not qualify to be the authority of the Prosecutor-General as provided under the provisions of section 34 of the Criminal Law (Codification and Reform) Act.
The traditional leader argued that the decision to proceed with his trial in the absence of a valid authority of the Prosecutor-General, was grossly irregular for want of compliance with section 34 of the Criminal Law (Codification and Reform) Act, which in itself is a violation of section 69(1) and (2) of the Constitution.
Chiminya contended that Magistrate Tiyatara violated his right to equal protection and benefit of the law as guaranteed in section 56 of the Constitution and his right to a fair hearing provided under section 69 of the Constitution by deciding to proceed with his trial even without the NPA obtaining authority from Prosecutor-General as is required in terms of section 34 of the Criminal Law (Codification and Reform) Act. This, Chiminya argued, is grossly unreasonable.
In response, prosecutors argued that Shonhayi’s letter was a valid authority of the Prosecutor-General since the authority of the head of the NPA could be delegated to prosecutors.
On 13 June 2025 Magistrate Tiyatara dismissed Chiminya’s application and upheld the NPA’s submissions that Shonhayi’s letter was as good as the authority of the Prosecutor-General as contemplated by section 34 of the Criminal Law (Codification and Reform) Act and proceeded to set his trial date for 3 July 2025.
On 30 June 2025, Chiminya filed an application at the High Court for a review of Magistrate Tiyatara’s decision, arguing that it was grossly irregular and unreasonable.
On 23 July 2025 Justice Rodgers Manyangadze set aside Magistrate Tiyatara’s ruling in which she had given the nod for Chiminya’s trial to proceed and ordered the judicial officer and NPA to stay any trial proceedings against the traditional leader pending obtaining the valid authority of the Prosecutor-General as contemplated by section 34 of the Criminal Law (Codification and Reform) Act.
Justice Manyangadze also ruled that any trial proceedings which commenced without the valid authority of the Prosecutor-General should be considered invalid and the trial should commence afresh when such valid authority of the Prosecutor-General has been obtained.
Chiminya returns to Harare Magistrates Court on Monday 28 July 2025, where the NPA pledged to furnish Harare Magistrate Kudzai Mthombeni with an appropriate Certificate of Authority to Prosecute from the Prosecutor-General.
ENDS
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