HARARE – Job Sikhala’s lawyer Beatrice Mtetwa has demanded Deputy Prosecutor General Michael Reza and his colleague’s arrest after the pair ignored a court directive to furnish the opposition lawmaker with state papers by August 18 for him to prepare for his trial.

Sikhala, accused of violence incitement, is jointly charged with fellow Citizens Coalition for Change (CCC) MP Godfrey Sithole.

Both have been languishing in remand prison since June this year with their numerous attempts to secure their freedom turned down at every turn by the courts.

Reza and his junior Lancelot Mutsokoti were on August 3 this year ordered to furnish the legislators with state papers by end of business August 18 but the directive has been ignored, prompting demands by Mtetwa to have them arrested for contempt of court.

Mtetwa is up in arms with the National Prosecuting Authority pair over what she felt was open deprivation of her clients’ privilege to prepare for their trial, due to commence in two months’ time.

She said Reza and his colleague were not above the law and were acting partisan.

Mtetwa said she wrote twice on August 26 and August 30 demanding that prosecution abides by magistrate Chakanyuka’s ruling and give her the papers but not even one of them was responded to.

“The two accused are being subjected to a different type of justice,” Mtetwa said, adding that Sikhala and Sithole have been denied their freedom because they were opposition politicians.

“They were given a trial date almost two months ago and up to now, no State papers have been provided,” she said.

Mtetwa added, “We respectfully submit that the court must protect its orders by showing that the state is not above the law and not above its court orders.

“We now request that Messers Reza and Mutsokoti be placed in custody until the defence papers are provided.”

Mtetwa said that should be done “so that the state, particularly the prosecution understands that the powers they wield are constitutional powers that they hold on behalf of the people of Zimbabwe and that they prosecute on our behalf and therefore such powers will not be abused”.

“We also wish the court to do away with the perception that whatever the prosecution wants, it gets, even where the prosecutor questions the very powers of the court.”

Mutsokoti insisted the state was not in contempt.

He argued the law says the papers can be given to the defence at least two court days before trial.

“We will simply adhere to the law. We are not denying them State papers; those will be served,” he said.

“That State papers are served on the day the trial date is announced was a matter of tradition, not law.

“I submit that there has been no contempt of the court, no violation of the law and the request by my colleague should be dismissed,” he said.

The case was heard by Harare magistrate Taurai Manuwere who rolled over the matter to this Friday for ruling.