THE court application by Norton MP Temba Mliswa (Independent) challenging his placement on remand was yesterday dismissed by a Harare magistrate.
Mliswa was arrested and arraigned before the courts for allegedly violating COVID-19 lockdown regulations after holding a Press conference at his home in Harare last month.
He had challenged his placement on remand saying his residence was not a public place as prescribed by COVID-19 regulations.
The Norton legislator also said that the law was clear that violating COVID-19 regulations pertained to gathering of people at public places and not at residences, adding that he was addressing journalists who are essential service workers.
Prosecutors argued that Mliswa was not conducting Parliament business on the day he was arrested.
Harare magistrate Tafadzwa Mhiti said Mliswa had turned his private home into a public place by inviting journalists that were strangers at his residence.
She said the COVID-19 regulations were put in place by the administration to stop large gatherings regardless of location.
Mliswa’s lawyer Musindo Hungwe then gave notice to make an application for referral of the case to the Constitutional Court, saying the court should determine if his arrest was lawful.
The matter was remanded to March 22.