Harare lawyer Job Sikhala’s application challenging his prosecution on charges of publishing falsehoods prejudicial to the State was dismissed by Harare regional magistrate Stanford Mambanje.
Sikhala was arguing on the basis of a High Court judgment that there was no such offence in the Zimbabwean law.
However, Mambanje dismissed the application saying there was no declaration by the Constitutional Court regarding the High Court order that was being relied on by Sikhala.
Sikhala, who is the MDC Alliance vice-chairman, is facing charges of publishing falsehoods on social media through a video in which a young mother alleged that a police officer struck her young baby to death with a baton.
The incident reportedly occurred at the illegal pick-up point for Mashonaland Central province bound transport in Harare. Police deny the baby died.