BULAWAYO – Lawyers representing a commuter omnibus driver arrested for insulting President Emmerson Mnangagwa have applied for discharge at the close of the State’s case.
Dickson Abraham of Tanaka Law Chambers who was seconded to the case by the Christian Legal Council to represent the accused, David Ndlovu, argued that the complainant in the matter was merely wasting the court’s time.
In his submission, Abraham indicated that the defence was making an application for discharge for the accused, saying the State had failed to prove a prima facie case against his client. Ndlovu, 31, was arrested on Friday last week and spent the night at Bulawayo Central Police Station.
He appeared in court the following day facing charges of disorderly conduct in a public place.
According to State papers, on September 6 at Puma Service Station situated at corner Lobengula Street and 6th Avenue, the complainant Sibekezile Jele, approached a vendor intending to buy paraffin.
Jele queried why the paraffin was expensive.
Ndlovu then interjected and said in Ndebele, “you voted for ED, we will see what that dog of yours is going to do for you”.
The complainant immediately proceeded to Mzilikazi Police Station and made a police report leading to Ndlovu’s arrest.
In his submission, Abraham argued that the complainant’s evidence had not been corroborated by anybody else other than herself, adding that even if the accused had indeed uttered the words, the mere uttering of the words did not amount to any disorderly conduct in a public place as alleged by the State.
“There was no violence at the place. Essentially, there was peace at the place. Everybody went about their business in a peaceful manner,” said Abraham.
The lawyer had the court in stitches when he said it was also legally incorrect to assume that the initials ED only refer to Mnangagwa.