Mliswa is facing allegations of violating Covid-19 lockdown measures by holding an ‘illegal’ gathering.
In dismissing the application, Mrs Mhiti said he must be put to his defence so that he explains to the court the service which he was providing to the gathering which he alleges was an essential one.
“The accused must be out to his defence to prove that he was indeed providing an essential service to the gathering. Therefore, the application is dismissed,” she said.
During cross examination, the witness, who is the investigating officer confirmed that all those gathered at Mliswa’s house on the day in question were essential service providers.
He also confirmed that the people were gathered at a private residence and that the regulations do not apply to private residences.