Mugabe clan stampedes to testify against pastor

President Robert Mugabe

President Robert Mugabe’s nephew Robert Zhuwao, Chief Beperere (born Alfred Tome) of the Zvimba clan and Chief Negomo (Lucious Chitsinde) are witnesses in the case in which a Kariba pastor is being accused of prophesying the 93-year-old leader’s death.

BY DESMOND CHINGARANDE

President Robert Mugabe
President Robert Mugabe

The trio, who were expected to testify in court yesterday, were left dejected after Harare magistrate Lazini Ncube postponed the matter to April 5.

The magistrate said the case clashed with another matter where the clergyman, Patrick Mugadza, is accused of bringing the Zimbabwe flag into disrepute.

Chief Beperere, Zhuwao and Chief Negomo could be seen milling around the court after the matter had been postponed.

However, the matter in which Mugadza is accused of abusing the Zimbabwean flag proceeded with arresting officer and namesake Kelvin Mugadza telling the court he received orders to arrest the cleric from his superiors.

The witness was taken to task by the cleric’s lawyers, Obey Shava, Gift Mtisi and Dorcas Chitiyo from the Zimbabwe Lawyers for Human Rights, over the decision to arrest him.

Under cross-examination, the arresting officer told the court that he had two years’ experience in the police force.

He admitted not having yet read the relevant legislation dealing with the national flag to understand if the clergyman had indeed broken any law. The witness was asked why he arrested Mugadza when he did not know if he had broken any law, to which he replied that he only responded to an order.

He further admitted Mugadza did not mutilate or burn the national flag.

Shava asked the witness if it was an offence to be found in possession of the Zimbabwe national flag, to which he said no.

Shava closed his cross-examination by asking the witness to confirm if he had arrested Mugadza on flag possession charges thinking that it was an offence, to which he replied yes.

Mugadza’s lawyers filed a notice to apply for discharge. The magistrate will make his ruling on April 7.

Francisca Mukumbiri prosecuted for the State.

11 Comments

  1. The ZRP has now become a security threat. How do you arrest someone for being in possession of the Zm flag

  2. The officer should be sued for wrongful arrest and whoever gave the order for abuse of office. Both shld also face disciplinary action…….. in a normal country i.e.

  3. Our police offcers have been made to behave like robots.

  4. I was watching a IAA Marathon in Uganda seeing athletes donning their flags, in Zimbabwe ZRP will feast on you if they see you with the flag. Its a real shame that we are abused because of a symbol of freedom.

  5. So this clan are going to witness against a vision? Why not wait until the said date. This one is actually good kuti it has a timeline.

  6. inoshamisira chii flag yacho. yakazara wani muzvimota mese umu tinodziona nepatinoenda kumabhora dznotengeswa. kana iri yezanu they have the right to arrest him but kana iri yenyika i dont see any reason yekunetsera iwo uya mucheka coz ndewedu tose takarwa hondo tose musiyei anawo ndeyake flag tsvagawo yako ugare nayo haisi nyaya. kuswera kutinyangadza nezvinhu zvisina basa muchitadza kugadzira economy hezvo neflag.

  7. If the officer arrested the accused on instructions from his superiors without himself consciously knowing or formulating an opinion that an offence had been committed and the basis thereof, there is a plethora of case law and legal precedent to confirm that the arrest was therefore illegal, legal impermissible and therefore unconstitutional. On that basis alone, without going into the merits of the matter, the case should be thrown out!!!

    M.Majuru

  8. At times we need to understand the level of education our police officers have if we are to understand how some of them turn to be such an overzealous bunch of numskulls. I don’t know but I think a school leaver that receives six months of drills and told ‘you now know the law; go and enforce it..’ is actually a hazard to the the delivery of justice in the country. After six months of training they think they now know everything about the law and move around abusing and unlawfully arresting people.

  9. kelvin Mugadza – the arresting officer must disclose the superiors who gave him the order to arrest then all of them must be sued in their personal capacities.

  10. A legal drama in the offing!!!!

  11. The ruling clan, indeed

Leave a Reply

Your email address will not be published. Required fields are marked *