Prominent social media influencer Joshua Chisa Mbele has applied for judicial review at the High Court on one of his counts where he is being accused of criminal libel.
Speaking before Senior Resident Magistrate Wanangwa Nyirenda through his lawyer Gilbert Khonyongwa, the accused holds the view that the charge is unconstitutional.
He said: “We have the view that it’s unconstitutional so we asked the High Court to review it and have it referred to the Constitutional Court.”
“So that the court can determine whether this criminal defamation can stand the test of the Constitution.”
Khonyongwa told the Court that the defense has filed an application to the High Court for further reference of the matter to the Constitutional Court.
“We think it’s necessary to have the entire proceedings stayed or indeed adjourned because the outcome of that application has a bearing,” Khonyongwa said.
“So I think for easy and good management of the case it is easier that we wait for the processes in the High Court so that after the outcome we may determine the way forward of the rest of the case.”
Chisa Mbele, who is currently on court bail, was arrested in early January this year and is being accused of two counts of criminal libel and publication of offensive communication.