A WARRANT of arrest which had been issued against former
Minister of Home Affairs and Culture, Dr Obert Mpofu, for failing to attend
court to testify in a case in which Chief Felix Ndiweni and his 13 subjects are
accused of destroying a villager’s property, has been cancelled.
The complainant, Mr Fetti 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.
Chief Ndiweni in July last year ruled that Mr Mbele and his
“adulterous” wife should be banished from Sifelani village, saying
“prostitution” will not be tolerated in his area.
Chief Ndiweni’s lawyer, Mr Dumisani Dube, early this year
asked the court to subpoena Dr Mpofu to testify in court following allegations
by the traditional leader that the Zanu-PF Secretary for Administration was
behind their arrest and had influenced Mr Mbele to file criminal charges
against them.
However, Dr Mpofu, through an affidavit dated July 6, which
was brought to court by his lawyer Mr Byron Sengweni, declined to testify
saying he knew nothing about the matter.
Mr Dube, who is representing the accused persons, then
sought a court order compelling Dr Mpofu to attend court after which the latter
was served with the summons.
When Dr Mpofu did not appear in court, a warrant of arrest
was issued against him two weeks ago.
Bulawayo magistrate, Nyaradzo Ringisai, cancelled the
warrant of arrest against Dr Mpofu and he will appear in court on November 19
to give his testimony.
On the day Dr Mpofu was scheduled to testify, he was
reportedly at Esigodini preparing for the forthcoming Zanu-PF Annual National
People’s Conference in December.
When Dr Mpofu did not show up, the State subsequently asked
the court to issue a warrant of arrest.
Chief Ndiweni told the court that the charges they were
facing stemmed from Dr Mpofu’s efforts to fix him after he filed criminal
charges against him, alleging that he stole his late father, Chief Khayisa’s
200 cattle.
Chief Ndiweni said he reported the theft at Mbembesi Police
Station but Dr Mpofu, who was then Home Affairs and Culture Minister, allegedly
facilitated the docket’s disappearance.
Dr Mpofu has since filed a $300 000 lawsuit against Chief
Ndiweni over the allegations and the matter is pending.
Chief Ndiweni and 22 others are denying the violence charge
levelled against them by Mr Mbele.
The court heard that on July 26 last year at around 4PM,
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 the kraal.
Sibanda allegedly instructed the villagers to destroy the
fence and kraal. At around 5PM, Chief Ndiweni arrived and allegedly ordered the
villagers to continue destroying Mr Mbele’s fence and kraal.
The order followed Mr Mbele’s alleged defiance of Chief
Ndiweni’s verdict to divorce his wife.
Chief Ndiweni had given a ruling that Mr Mbele’s wife
should vacate her husband’s home, but she did not comply with the order since
they had resolved the matter as a couple, prompting the chief to order the
destruction of his fence and kraal. Chronicle
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