The trial of Moses Mpofu and Mike Chimombe has been postponed to October 22, to allow the defense team to submit its application to have their constitutional questions referred to the Constitutional Court.
Provisions will then need to be made to suspend the trial while the application is made, and any direct referral will also need court approval.
This legal step led to the disruption of the trial, which was scheduled to begin on Monday of this week.
The first question the two are seeking to refer to the Constitutional Court is whether it is legal for councilors over the age of 70 to sit with the judge at trial, the Herald reported. The two are also seeking a decision from the Constitutional Court on several other matters relating to what they consider to be constitutional violations of their individual rights under the provisions of the higher law.
In criminal cases heard by the Supreme Court, the judge meets with two advisors, and while the judge decides questions of law alone, in matters of fact the court acts by majority vote with the three votes being equal.
The prosecution, led by Mr. Wisper Mbhaudi, did not oppose the defense application.
