Friday 9 August 2019

CHIEF NDIWENI JUDGMENT DATE SET


CHIEF Felix Nhlanhlayamangwe Ndiweni together with his 13 subjects, who are facing charges of allegedly destroying a villager’s property in Ntabazinduna, will know their fate on August 15.

Ndiweni (54) and 13 other villagers pleaded not guilty to damaging Mr Fetti Mbele’s property when they appeared before Bulawayo magistrate, Mr Gladmore Mushove.

The matter went on a full trial with a number of witnesses testifying, including Zanu-PF secretary for administration, Cde Obert Mpofu. Ms Mushove remanded the accused persons to August 15 for judgment.

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 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 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 are denying the violence charges levelled against them by Mr Mbele. 

The prosecutor, Mr Kudakwashe Jaravaza, said 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 kraal.

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

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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