High Court Judge Annabel Mtalimanja has dismissed an application by the state to stay a decision to certify a matter involving social media influencer Joshua Chisa Mbele as a constitutional matter. 

The State made the application following Judge Mtalimanja’s decision of sending the matter to Chief Justice Rizine Mzikamanda for certification as a constitutional matter.

The court has however granted an application by the state for leave to appeal to the Supreme Court on certification of the case.

The referral followed an application which Mbele’s lawyer Gilbert Khonyongwa made challenging the constitutionality of the a first count – criminal libel.

“The judge has dismissed the application for stay, however, has granted the application for leave to appeal to the Supreme Court.

“So as it stands, will wait for effective ruling for the courts to give guidance on that, because we had applied for stay of the Judge’s decision to have the matter certified,” Pilirani Masanjala, Senior State Advocate.

Meanwhile, proceedings in the Senior Resident Magistrate’s Court will continue being stayed pending constitutional court referral.

Chisa Mbele, who was arrested in January this year and is currently on court bail, is answering charges two counts of criminal libel and publication of offensive communication.