By Staff Reporter
A LOCAL magistrate has acquitted a Ugandan national arrested and detained for three weeks in the ancient city of Masvingo on charges of possessing a sex toy, among other prohibited articles.
Tom Ssekamwa, a 24 year-old Ugandan citizen, was on trial at Masvingo Magistrates Court after his arrest on 1 August by Zimbabwe Republic Police (ZRP) officers and charged with contravening section 26(1)(a) of the Censorship and Entertainment Control Act.
During trial presided over by Masvingo Magistrate Isaac Chikura, prosecutors claimed the tourist was unlawfully in possession of an artificial manhood, Dulex Real Feel 50ml tub and Climax For Men in his bag, articles which prosecutors said are banned.
Additionally, Ssekamwa was charged with criminal nuisance as defined in section 46 of Criminal Law (Codification and Reform) Act.
They claimed that ZRP officers, who conducted a search on Ssekamwa’s room at Backpackers Rest Budget in Masvingo recovered the alleged offensive items in his bag and stated that the tourist’s conduct was unlawful.
The presiding magistrate acquitted Ssekamwa after ruling that he had not committed any offence as alleged by the State. The tourist now awaits deportation.
He ruled that prosecutors failed to follow mandatory procedures provided in the Censorship and Entertainment Control Act, requiring the State to obtain a Certificate of Authority to Prosecute issued by the Prosecutor-General or their deputy in terms of the law.
Chikura noted that the State should have first satisfied the requirement that there is an existence of a Government Gazette, which listed artificial manhood as a prohibited item in Zimbabwe.