via Another court victory for WOZA | The Zimbabwean 15.10.13
Court victory for the second day in a row as Magodonga Mahlangu, a Women of Zimbabwe Arise (WOZA) leaders is found not guilty of making offensive phone calls. She appeared before Magistrate C. J. Mberewere for ruling after applying for discharge at close of state case.
Mahlangu was charged with two counts of making offensive phone calls to Gladys Dube, MDC T Matshobana Ward Chair. She was defended by Nontokozo Tachiona deployed by Zimbabwe Lawyers for Human Rights.
In the ruling made in Tredgold Magistrates court one, the Magistrate stated the first statement made by the complainant lacked credibility and he questioned the authorship of the second statement made in the police law and order department, a different place from where the first statement was recorded in Western Commonage police station. The magistrate highlighted that the quoted words in the two statements were at odds with each other.
Ms Dube had stated that Mahlangu threatened her by saying, “you are a big sell out from the ruling party, we are coming to get you with police, CID personnel, and if Welshman loses you will see it.” The Magistrate expressed amazement, “The idea that the accused has the ability to assemble Welshman Ncube, the CID, and the Police is unbelievable and gives doubts to whether the statement was made. The state failed to prove that the words were said and even failed to prove that they were said to cause annoyance.” said Magistrate Mberewere.
He concluded that it was common among community members to use such language as – ‘you will see or I will never talk to you’ and he therefore did not see how that was threatening as to warrant court charges.
Women of Zimbabwe Arise (WOZA) wish to thank the Magistrate for exercising justice. WOZA also thank the Ms Tachiona and Zimbabwe Lawyers for Human Rights for defending Magodonga in the face of this clear case of police persecution. WOZA recognise that their Ward Chair brought this case against WOZA on 1st August 2013 thinking that MDC T were now the ruling party and could use the police to settle scores. The advice WOZA has for MDC T is ‘never count your chickens before they hatch’. WOZA wish to thank Magodonga standing her ground and for fighting the good fight with dignity.