Cross faces racial slur charges

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Cross faces racial slur charges

BULAWAYO South MDC-T MP Eddie Cross was yesterday taken to court for making a racial slur to Bulawayo MDC-T provincial administrator Nkululeko Ndlovu who had asked him to return excess money given to him to pay polling agents for the July 31 general elections.

SENIOR COURT REPORTER

Cross (73) was being charged with contravening Section 88 (a) of the Post and Telecommunications Services Act (making a telephone call and sending (an) offensive message).

However, his lawyer Tim Cherry contested the section which Cross was being charged under saying it did not criminalise him since he did not make any call to Ndlovu.

“He never made a telephone call, but received a telephone call. He denies making any insulting statements,” said Cherry.

“It’s common cause that he didn’t make a telephone call as captured in the State outline. Section 88 is explicit that a person who makes a call is criminalised not (the one) receiving, unless if the State was saying this section now criminalises conversations. He can’t be put on remand unless the State finds a proper section to charge him with.

“My client was arrested yesterday (Monday), weeks after a report had been made to the police and the State had all the time to investigate and come up with a proper section of the Act.”

However, Kudakwashe Jaravaza, who was representing the State, said Cross was charged with the correct section and should be put on remand.

“The purpose of the legislation is to prevent people from abusing the telecommunication media by insulting or making bad statements,” Jaravaza said.

“The Act clearly criminalises obscenities over the telecommunication media. The issue of who utters the bad statements is no doubt, whether it’s the caller or the receiver.

“On the completion of investigations, there is nothing supporting this argument. Basically we have everything to put this matter to trial,” Jaravaza said.

Bulawayo magistrate Gladmore Mushove will make a ruling on Friday whether Cross was properly charged and placed on remand.

Cross is facing charges of sending an offensive racial statement to Ndlovu on October 17 after he asked him to return some excess money he was given to pay more polling agents than the number stipulated by the party.

He allegedly said to Ndlovu: “Black people shall never run this country properly. You are stupid and talking crap.”

Ndlovu was offended and made a report to the police.