The ruling in the application for discharge by Mpopoma/Pelandaba MP Samuel Khumalo, facing charges of possessing marijuana, was yesterday postponed for the third time.
Yesterday’s postponement was due to the absence of magistrate Rose Dube who was reportedly not well. The case has been deferred to Friday.
Last Tuesday it was postponed because the magistrate was at her new station at Hwange Magistrates’ Court where she was transferred to three weeks ago, but is still to move to.
Khumalo made the application a month ago through his lawyer Matshobana Ncube, arguing the dagga was planted in his car and bedroom by the police as part of political persecution.
He said it was curious that the matter, which attracted a fine and could be dealt with by a police station, was referred to the Criminal Investigations Department’s Law and Order section which normally handles political matters.
“All in all this is a case of dirty dagga,” said Ncube in the application.
“Dirty dagga in the sense that it originates and ends with the police. 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 pleaded not guilty and is out of custody on $50 bail. He also denied making threats to anyone.
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Allegations against the MP are that on March 4, last year, he 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 for allegedly being involved in a fracas in his constituency.
The following day the police took him to his house for further searches and allegedly found 40,5 grammes of mbanje, reportedly hidden in his bedroom.
The State also alleges that on February 19 last year, Khumalo threatened to beat up two MDC- T officials, Simon Nyoni and Aleck Gumede, for allegedly decampaigning him.
Jerry Mutsindikwa is prosecuting.
