By Paul Nyathi|Two men from Gwanda have systematically been denied bail on similar charges of public violence during last week’s citizen protests.
Nkanyiso Ncube (38) of Senondo Suburb pleaded not guilty to a charge of public violence or alternatively obstructing or endangering free movement of people or traffic when he appeared before Gwanda provincial magistrate, Mr Maphios Moyo.
He was remanded in custody to Friday for trial after Mr Moyo dismissed an application for refusal of remand made by Ncube’s legal counsel.
The State had requested Ncube to be remanded in custody to Friday for trial.
Ncube’s lawyer, Mr Melusi Dube of Dube and Mguni Legal Practitioners made an application for refusal of remand saying the State did not have enough evidence to prove that his client committed the offence.
“The State hasn’t provided sufficient facts to create reasonable suspicion against my client in this matter. In order for a person to be charged for public violence, he should have acted in consent with other people. The allegations against my client are that he acted in consent with several unknown people who are still at large. This is a bald allegation as these people haven’t been specified and are unknown.
“In the statements of the four State witnesses, there is no indication that they saw my client acting in cahoots with other people. There is also no eye witness who says they saw him burning the tyres, they are all saying they saw him seated at the scene. There is no proof that my client was acting upon the national protests. Therefore there is no evidence which proves that he committed the offence and therefore may further remand be refused,” he said.
Representing the State, Mr Mncedisi Dube opposed the defence counsel’s application saying all witnesses indicated that they saw Ncube at the crime scene which meant that he could have committed the offence.
He said Ncube wrote a letter upon being arrested which was produced in court during his initial appearance stating that he committed the offence after being frustrated by the fuel price increase.
“The State is saying accused person acted in consent with other unknown people in different parts of the country because this incident occurred on 14 January during nationwide protests that were recorded after an announcement of increased fuel prices. Looking at the circumstantial evidence and how events unfolded on this day, the accused person has a case to answer.
“Facts on record and the charge are sufficient to place the accused person on remand. All four witnesses in their statements say they saw accused person at the scene. He is the only one who was at the scene and the offence therefore points to him and that is why he was arrested,” he said.
Mr Mncedisi Dube said on January 14 around 4PM and acting in consent with several unknown people on the civil unrest, Ncube placed burning tyres on a tarred road near Senondo Primary School.
He said the police district reaction group received a tip off on the matter, attended the scene and recovered two burnt tyres and Ncube was arrested.
In a separate but related incident, a disabled activists from Gwanda has been denied bail for damaging property at the Zanu-PF Matabeleland South provincial offices during last week’s protests.
Kukhanyakwenkosi Mkandla (34) appeared briefly before Gwanda magistrate, Mrs Nomagugu Sibanda, facing charges of public violence and malicious damage to property.
Mkandla’s lawyer, Mr Melusi Dube of Dube, Mguni and Dube Legal Practitioners made an application before the court for his client to be remanded out of custody on his own cognisance but the court rejected the appeal and set him for trial on Friday.
In his application Mr Dube said his client was not a flight risk and did not have a criminal record.
Representing the State, Mr Blessing Gundani opposed the application saying Mkandla was likely to commit another offence if released considering the prevailing unrest in the country.
‘’We are not saying the court should order the accused person to be kept in custody forever but we are saying can he be held until the situation has normalised. The situation in the country at the moment is volatile as we have seen through violent incidences that have been recorded in some parts of the country.
‘’If accused person is remanded out of custody while the situation is still volatile he is likely to commit another offence or cause people to feel insecure,’’ he said.
Mr Gundani said Mkandla, who is a self employed film maker and several others who are still at large, damaged windows at the Zanu-PF Matabeleland South provincial offices on January 17 at around 5PM.
‘’On 17 January at around 5PM, Mkandla teamed up with several others who are still at large. They went to the Zanu-PF provincial offices and started throwing stones. A security guard, Mrs Linatte Ncube, who was on duty at the Government Complex offices which are close to the Zanu-PF offices, saw the gang.
‘’She identified Mkandla whom she saw hurling stones that damaged some windows. She also saw him throw stones on the roof top. Ms Ncube informed Constable Tarisai Tom who was also stationed at the Government Complex offices. Constable Tom found Mkandla trying to uproot a sign post while his accomplices had fled the scene.
“Cst Tom escorted Mkandla to the police station resulting in his arrest,” said Mr Gundani.
He said four windows panes with a total value of $101 were damaged.