Court scoffs at Mugabe's nude WhatsApp pic

HARARE - Deputy Chief Justice Luke Malaba has blasted as “confused” the State case against a Bulawayo girl who allegedly sent President Robert Mugabe’s “nude” picture on WhatsApp.

Malaba was commenting on the case of Shantel Rusike, who stands accused of undermining the authority and insulting the president.

Rusike allegedly sent a picture via WhatsApp depicting a nude Mugabe.

Underneath the picture, it was captioned, “Robert Mugabe turning 87 years on 21 February 2011. Happy birthday (Matibili Operation).”

An informant advised security agents who went through the phone, leading to Rusike’s arrest.

The girl filed a Constitutional Court application, seeking to have the charges quashed.

“Your facts are confused. It makes no sense, it talks about the president turning 87 in 2011, when the message was sent in 2012,” Malaba said.

He queried where Rusike could have managed to get Mugabe’s “nude” picture.

“That is not a picture of the president in a nude state. It’s the head of the president on the body of a child,” Malaba said.

Prosecutor Innocent Muchini said the facts constituted an offence, adding that the message was broadcast publicly.

Chief Justice Godfrey Chidyausiku also asked Muchini to justify how the girl’s WhatsApp communication with the informant qualified to be a public statement.

“Even if they did not agree, does it involve the public? What constitutes communication in a public place?” Chidyausiku asked.

Muchini insisted that the message had been broadcast publicly.

Lewis Uriri, who represented the girl, said the communication was not made public. He said this was a private communication, between the two parties.

Chidyausiku, heading a panel of nine judges, yesterday reserved ruling on the case, adding that the court would proceed to hear the merits of the matter after first ruling on the preliminary points.

He asked the parties to file further submissions within 10 days, if they wish to do so.


Comments (14)

What a breath of fresh air. Im tempted to say the judiciary remains the only incorruptible arm of government in Zimbabwe

ROLAND - 29 January 2015

ROLAND Have you had a lobotomy? <><><>The Judiciary in Zimbabwe is TOTALLY CORRUPT and INCOMPETENT.<><><> ALL of these idiots are heavy duty Zanu PF comrades and Bootlickers who got farms, TV's Generators, fancy cars from the Emperor as bribery .and rewards for whoring out any integrity that they may have had.<><>

Godfrey AHole - 29 January 2015

Please publish that photo on social media and we will have a good laugh. Muzimbabwe chete munosungirwa kupokana namugabe ask taakuti no , enough is enough tanzwa nadzo mbavha idzi. Vachidyausiku regal mwana aite zvaanoda this is a free Zimbabwe which has been independent since 1980 . Pombonoka mwana inyika yako iyi nyika yemadzitateguru ako hapana anekodzero yekukurambidza zvaunoda. Pasi navo.

maiwe zimbabwe yacho - 29 January 2015

Siyai mwana. Ndiye akaita graphics dzacho here? Dai maiziva mapictures andiinawo mufoni mangu maitozoona kuti ane mwana uyo ichild's play kani. When a president of a country becomes the subject of rude jokes by kids, isn't it time to re-think? Just after the inauguration of Zambia's Lungu I heard Mugabe during a ZBC interview saying "Mai Mujuru vaifunga kuti ndakahwina munaJuly 2013 kuti vatonge here"? and I was very surprised. That's exactly what happened Mr Mugabe. A few people (<27%) voted for you thinking you would then consider a dignified exit without losing elections but you think you won because of your Almighty Name. Shame on you naked President.

Kunda Kinde - 29 January 2015


observer 2013 - 29 January 2015

Chidyausiku you are doing a very good job lately, keep it up sir.

rugare - 29 January 2015

The message is directed to Roland. Its not that the courts of have become fair. They seem to have taken note of were the wind is of late blowing towards, hence want to position themselvies with the new order

felix - 30 January 2015

let her go.. even the dates r ancient, musadaro

ndini uya uya - 30 January 2015

saka tese tichasungwa coz hapana asina foto yamugabe iyi

Bhoramusango - 30 January 2015

the c.i.o member is the one who is stupid is the one who was naked .now he is looking stupid dofo

mr honest - 30 January 2015

i think these judges are team "garmatox"

gwedeja - 30 January 2015

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