Bulawayo provincial magistrate Rose Dube is today expected to rule on Mpopoma/ Pelandaba MP Samuel Sandla Khumalo’s application to have charges of possessing mbanje (dagga) levelled against him dismissed.
Khumalo three weeks ago argued the charges were politically-motivated and wanted them thrown out. Through his lawyer Matshobana Ncube, he claimed police planted the dagga in his car and bedroom to settle political scores.
“All in all this is a case of dirty dagga (sic). Dirty dagga in the sense that it originates and ends with the police,” he argued.
“This, it is submitted, is no less than political prosecution to deal with a political activist to a scandalous finish.
“It is respectfully submitted that a reasonable court acting carefully might not properly convict on such convoluted and unreliable evidence as has been given. So far this accused should be discharged.”
Khumalo has denied possessing mbanje and the two counts of assault by gesture levelled against him.
The MDC-T MP is out of custody on $50 bail.
Allegations are on that March 4 last year, Khumalo was found with 4,5 grammes of mbanje with a street value of $4,50 in his vehicle after he had been taken to Western Commonage Police Station following a brawl with members of his constituency.
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The following day, police took him to his residence for further searches and allegedly recovered 40,5 grammes of mbanje hidden in his bedroom.
On the second count, the State alleges that on February 19, Khumalo threatened two MDC- T members, Simon Nyoni and Aleck Gumede, with assault after accusing them of decampagning him.
Jerry Mutsindikwa is prosecuting.
