A 32-YEAR-OLD human rights activist, who is facing charges of unlawfully convening an unsanctioned meeting without notifying the regulatory authorities, yesterday appeared at the Harare Magistrates’ Court for trial, but the State failed to proceed with it.
Source: Jonathan Moyo citizen arrest case too hot for prosecutors – NewsDay Zimbabwe December 8, 2016
BY DESMOND CHINGARANDE
The suspect, Denford Ngadziore, who is on $100 bail, is represented by human rights lawyer, Obey Shava.
Prosecutor Nancy Chandakaona requested for the postponement of the trial. But the application was opposed by Shava, who argued the State was deliberately refusing to furnish him with State papers to enable him to prepare for the suspect’s defence.
“Your worship, the State is saying we should fund the production of the State papers for us to get copies and we refused, as it is a constitutional right for the accused to get those papers for free,” Shava said.
“If they want copies, let her (Chandakaona) give us that only copy and we photocopy it at our offices, we can’t give them money for State papers and we are ready to proceed with the trial today.”
Chandakaona then requested for the adjournment of the matter to seek audience with her bosses on how to proceed with the matter. After tea break, Chandakaona asked another prosecutor, Nyikadzino Machingura, to handle the matter, but the latter refused to prosecute.
Shava told magistrate, Lazini Ncube that the prosecutors were arguing over prosecuting the matter and he was now wondering whether the case would proceed and the magistrate confronted Machingura over the issue.
Machingura told the court he could not handle the matter, as the cases were allocated to them by their bosses and Ncube said he would approach Chandakaona over what had happened.
Allegations are that on October 17 this year at around 11am, Ngadziore, went to the Higher and Tertiary Education, Science and Technology ministry offices, where he convened and addressed an unsanctioned gathering demanding the immediate arrest of the minister Jonathan Moyo over the misappropriation of money from the Zimbabwe Manpower Development Fund.
Ngadziore, who was allegedly the convener, addressed the gathering without notifying the police.
Meanwhile, the trial of 20 Tajamuka group members, who are facing public violence charges after they allegedly torched Zimbabwe Broadcasting Corporation and Zimbabwe Republic Police (ZRP) vehicles during a protest against police brutality, failed to kick off again yesterday.
The Tajamuka members, who include Promise Mkwananzi, Kunashe Muchemwa, Kerina Gweshe Michael Kauzani, who is in hospital, and others, were expected to stand trial, but this was postponed to January 12 next year by Harare provincial magistrate Lazini Ncube.
However, the group’s lawyer from Zimbabwe Lawyers for Human Rights, Tonderai Bhatasara, complained to the court the State was failing to furnish his clients with State papers to enable them to prepare for trial.
Bhatasara said he had been left with no choice, but to consent to the State on the postponement of the matter.
Kauzani was then issued with an administrative warrant of arrest after he failed to appear in court, but Bhatasara submitted the former was bedridden at a local hospital after being attacked by suspected State agents.
National Vendors’ Union of Zimbabwe chairperson, Sten Zvorwadza and 13 others, who are facing criminal nuisance charges after protesting against corruption at Harare Town House, appeared at the regional court for trial, but the matter was postponed to January 10, 2017. The matter was previously presided over by provincial magistrate Arnold Maburo, who has since been moved to the regional court.