Connect with us

NEWS

Nelson Chamisa appeals High Court ruling

Published

on

Nelson Chamisa MDC

Nelson Chamisa, yesterday appealed the recent High Court judgment that nullified his appointment as president of the Movement for Democratic Change (MDC-T).

Justice Edith Mushore recently ruled that the decision by the late former MDC-T president Mr Morgan Tsvangirai to handpick two additional vice presidents was illegal and that the party should hold an extraordinary congress within a month using 2014 structures.

Mr Nelson Chamisa was one of the two vice presidents handpicked by Mr Tsvangirai but was later elevated to the position of party president.

The contested judgment followed an application by Gokwe district organising secretary Mr Elias Mashavire challenging the 2016 decision by the late MDC-T leader decision to handpick Mr Chamisa and Engineer Elias Mudzuri as his deputies.

The two joined Thokozani Khupe, who had already been voted for at the 2014 Congress.

Nelson Chamisa and Thokozani Khupe went their separate ways following the death of Mr Tsvangirai in February last year.

At the time, Dr Khupe insisted she was the bona fide MDC-T leader because she was the only vice president elected at Congress.

However, MDC and Messrs Chamisa and Morgan Komichi yesterday filed a notice of appeal at the Supreme Court.

Through their lawyer Advocate Thabani Mpofu, the appellants argued that the High Court did not hear their side of the story, in violation of their right to be heard.

“The court a quo erred in coming to the conclusion that first appellant was barred for failing to file an opposing affidavit and so erred in treating a valid affidavit deposed to by third appellant (Mr Komichi) as pro non scripto (as if they had not been written) and in proceeding to determine the matter without hearing the first appellant (MDC).

“A fortiori (from the stronger argument), the court a quo erred in proceeding in a manner which is in violation of the first appellant’s constitutionally protected right to be heard before an independent and impartial court as envisaged by Section 69(2) of the Constitution of Zimbabwe 2013,” read the grounds of appeal.

It will also be argued that the MDC-T constitution provides for the appointment of the two deputies outside a congress.

“The court a quo erred in not concluding that the appointment of deputy presidents in the first appellant was in accordance with the constitution of that party, had been mandated by Congress and the highest decision-making organ outside Congress and was for purposes, valid as a unanimous decision of the voluntary association.

“Having been addressed on the law governing voluntary organisations and its effect on the subject before it, the court a quo misdirected itself in not pronouncing itself on that issue and is not deciding a question which was material to the decision required of it,” the grounds of appeal read.

The appellants will also argue that the court erred in intervening in the workings of a voluntary association without a valid legal or factual basis.

The appeal is yet to be set down for hearing at the Supreme Court. The Chronicle

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

four × 1 =

ENTERTAINMENT

Gonyeti abducted and beaten by masked men

Published

on

Gonyeti abducted

Gonyeti has been found after being abducted and beaten by masked gunmen in the capital Harare, her relatives and colleagues say.

Samantha Kureya, known by her stage name “Gonyeti”, has been critical of the police and government in her skits.

She was taken from her home, beaten and forced to drink sewage before being dumped, her colleague says.

In Zimbabwe, comedians have historically found it difficult to make jokes about authority, fearing jail.
Police have not yet commented on her abduction.

Her brother, Jonathan Gasa, told the BBC that about six armed masked men stormed her home on Wednesday night, took her away, stripped and assaulted her.

He said they accused her of undermining the government with her skits.

She was found three hours later.

Her colleague Lucky Aaron told the BBC that she was dumped in “the bush” in the suburbs of Harare.

He said he picked her up and took her to the hospital for scans which confirmed no bones had been broken.

But he was still concerned for her health because she was forced to drink sewage, he added.

In a tweet, opposition Movement for Democratic Change (MDC) leader Nelson Chamisa called her abduction a “barbaric human rights violation”

In February Kureya was one of two comedians arrested for public nuisance for wearing a uniform that resembled a police uniform in a skit, reports the BBC’s Shingai Nyoka from Harare.

At the time she was reportedly warned that her comedy was becoming too political.

Gonyeti’s abduction follows several recent cases of activists who were planning anti-government protests being abducted and tortured, human rights groups say.

The Zimbabwean authorities denied any involvement in those abductions.

They have not yet commented on the comedian’s abduction.

Kureya told the BBC in 2018 that her comedy company Bustop TV used to be banned from attending national events but since Robert Mugabe was ousted from power she hoped comedians would be allowed more freedom of expression.

“I just hope in Zimbabwe we have the freedom to talk about the president without being in trouble, the freedom to talk about anyone without the police coming after you.”
“I just hope it will change, ” she said.BBC

Continue Reading

CRIME

Phelekezela Mphoko on the run after ZACC attempt to arrest him

Published

on

Phelekezela Mphoko

Former Vice President, Phelekezela Mphoko, is on the run after dramatically fleeing from Zimbabwe Anti-Corruption Commission (Zacc) officers who were set to arrest him in Bulawayo yesterday.

The former Vice President’s movie style escape follows attempts by Zacc officers to take him to Bulawayo Central Police Station to slap him with abuse of office charges for an offence he allegedly committed during his tenure in office.

Mphoko had initially agreed to surrender himself to the Zacc officers at the police station but made a U-turn and sped off, leaving the investigating officers shell-shocked.

Mphoko is being accused of criminal abuse of office after he unlawfully instructed some junior police officers to release from cells, former Zimbabwe National Road Administration (Zinara) acting chief executive, Moses Juma.

Juma was being charged with criminal abuse of office.

Mphoko, who reportedly resisted arrest on Friday at his home in Douglasdale, yesterday agreed to meet Zacc officers at Bulawayo Central Police Station.

His lawyers had gone to Zacc offices to submit his statement but the investigators demanded that he must appear before them.
That is when they agreed to meet at a neutral venue – a police station in the city.

Yesterday afternoon, Mphoko indicated that he was now on his way to the police station for a recording of his warned and cautioned statement.

Upon arrival at the station, Mphoko then drove off at high speed.

Zacc spokesperson Commissioner John Makamure yesterday told The Chronicle that Mphoko was now a fugitive with anti-corruption officials pursuing him.

“He (Mphoko) ran away and as we speak he is on the run and Zacc officials are on the ground looking for him. The officials went to court, but he ran away. In fact, they went to a police post after having indicated that he (Mphoko) was not comfortable with our investigators,” he said.

“When our officials got there, he ran away and he is a fugitive of justice and Zacc officials are on the ground hunting for him.”
However, Mphoko’s lawyer, Mr Zibusiso Ncube, yesterday denied that his client was a fugitive, insisting that he was ready to stand trial.

He said the attempt by Zacc officers to arrest his client was contrary to their initial agreement when the former VP was supposed to just come and sign his warned and cautioned statement at Tredgold Building.

“My client is not a fugitive and he is actually prepared to have his day in court. My client had indicated that he wanted to have his warned and cautioned statement recorded at Tredgold Building where we then agreed to meet,” he said.

Mr Ncube said his client later raised fears of abduction in the event that they took him to the police station.

“If you look at the circumstances of the case, my client’s fears of being abducted seem to be confirmed in the sense that on Friday an official from Zacc called and I told him I was at a church camp meeting out of Bulawayo. I told him that I would be back on Sunday and we agreed to meet on Monday.

“I was then later disappointed to learn that they stormed my client’s house and tried to arrest him contrary to what we had agreed on,” he said.

Mr Ncube said on arrival at Tredgold Building, they were accosted by two officials from Zacc.

“When I went to Tredgold with my client we were accosted by two Zacc officials and they indicated to us that there was a change of plan and that we were now supposed to go to Bulawayo Central Police Station, which was a betrayal of sincerity,” he said.

Mr Ncube said he is now in the process of writing a letter informing the Zacc chairperson Justice Loice Matanda-Moyo about what transpired.

“I am working on a letter addressed to the Zacc chairperson because social media is now awash with reports that my client is refusing to co-operate, which is wrong. He simply wants his safety guaranteed and my client is willing to be given a trial date depending on Zacc’s readiness,” he said.

Allegations against Mr Mphoko are that in 2016, while he was still Vice President, he stormed Avondale Police Station to release Juma.

Mphoko, during that time, threatened to beat junior police officers at the station if they failed to comply with his demands.

Juma was later re-arrested and sentenced to two years in prison after being convicted of abuse of office.

According to court papers, on May 6, 2016, Zacc received a report of allegations of fraud and criminal abuse of duty against Zinara officials.

Investigations that ensued resulted in the arrest of Davison Norupiri and Juma. The two were charged with criminal abuse of duty as defined in section 174 of the Criminal Law (Codification and Reform) Act and their warned and cautioned statements were recorded on July 12, 2016.

After the arrest, Juma and Norupiri were taken to Avondale Police Station the following day pending their appearance in court.

On the same day at around 6 PM, Mphoko, who was at the time the Acting President, stormed the police station and ordered the immediate release of Juma and Norupiri from lawful police custody. The officer-in-charge complied with Mphoko’s order and released the two men before Mphoko drove away with them in his car.

It was stated that Mphoko acted in a manner that was inconsistent with his duties as a public officer, which was in violation of section 106 of the constitution.

The ex-Vice President resisted arrest on Friday at his Douglasdale house after dramatically refusing to co-operate with Zacc arresting officers whilst his wife Laurinda and daughter Siduduzo ordered the officials out. The Chronicle

Continue Reading

NEWS

Chief Ndiweni convicted of destroying property

Published

on

Chief Ndiweni

Chief Ndiweni together with 23 of his subjects were yesterday convicted on charges of destroying a villager’s property in Ntabazinduna and will be sentenced today.

Ndiweni (54) and 23 other villagers pleaded not guilty to damaging Mr Fetti Mbele’s property but they were convicted by Bulawayo magistrate, Ms Gladmore Mushove.

They were remanded in custody at Khami Prisons to today for sentencing.

The matter went on a full trial with a number of witnesses testifying, including Zanu-PF secretary for administration, Cde Obert Mpofu.

In her judgment, Ms Mushove ruled that the accused persons’ actions were unlawful and a violation of the complainant’s constitutional right. She said Chief Ndiweni and his subjects acted in common purpose.

“In assessing the evidence of the accused persons and the State submissions, it is court’s finding that all the accused persons acted in common purpose when they destroyed the complainant’s property,” she said.

Ms Mushove said although the villagers’ actions were in compliance with the chief’s order, they acted knowing full well that their actions were illegal after they had been warned by police prior to damaging the property.

“The first accused person’s (Chief Ndiweni) subordinates carried out an order that was illegal. In as much as the chief had a right to banish the complainant from the village by virtue of his judicial authority in terms of the Traditional Leaders Act, his actions were out of bounds. Although the first accused person is a chief, his powers are limited,” she said.

The magistrate said the acrimony between Chief Ndiweni and Cde Mpofu had no bearing on the matter before the court.

“The court finds that all the accused persons are answerable to destroying the complainant’s property and accordingly, they are found guilty as charged,” ruled Ms Mushove.

Cde Mpofu’s involvement in the case came following Chief Ndiweni’s testimony in court last year during which he claimed the allegations emanated from Cde Mpofu’s efforts to “fix” him after he had filed criminal charges against the politician.

He alleged that Cde Mpofu stole 200 head of cattle from his late father, Chief Khayisa Ndiweni. Chief Ndiweni said he had reported the stock theft case at Mbembesi Police Station, but Cde Mpofu allegedly used his influence as then Home Affairs Minister to make the docket disappear.

Chief Ndiweni further claimed that politics was at play in the matter, accusing Cde Mpofu of influencing Mr Mbele, his wife and members of Zanu-PF to interfere with his traditional court’s order. However, Cde Mpofu in his testimony said Chief Ndiweni was in the habit of making false allegations against the Government and the ruling party due to ignorance since he had spent many years out of the country.

According to court papers, Mr Mbele of Ntabazinduna was banished from the village by the chief after his wife Ms Nonkangelo Mpengesi was allegedly caught having sex with another villager.

In July last year, Chief Ndiweni ruled that Mr Mbele and his “adulterous” wife should be banished from Sifelani village, saying “prostitution” will not be tolerated in his area.

The accused persons’ lawyer, Mr Dumisani Dube of Mathonsi Ncube Law Chambers, early last year asked the court to subpoena Cde Mpofu to testify in court following allegations by the traditional leader implicating him in their arrest.

However, Cde Mpofu, through an affidavit dated July 6, 2018, which was brought to court by his lawyer, Mr Byron Sengweni, declined to testify saying he knew nothing about the matter.

Mr Dube then sought a court order compelling Cde Mpofu to attend court after which the latter was served with the summons. Chief Ndiweni and the other accused persons were denying the violence charges levelled against them by Mr Mbele.

The prosecutor, Mr Leonard Chile, said on July 26, 2017, at around 4 PM, Mbele and his wife arrived from Bulawayo to find some villagers standing outside their homestead.

Kimpton Sibanda (72), a village head and two other villagers, claimed they were ordered by Chief Ndiweni to destroy Mbele’s garden fence and kraal.

“Sibanda instructed the villagers to destroy the fence and kraal. At around 5 PM, Chief Ndiweni arrived and ordered the villagers to continue destroying Mr Mbele’s fence and kraal,” said Mr Chile. The Chronicle

Continue Reading

Trending