A 50-YEAR-OLD Zanu PF activist who allegedly fatally assaulted a farm woker during the violent land reform programme in 2001, yesterday successfully applied for referral of his case to Constitutional Court (ConCourt).
BY DESMOND CHINGARANDE
Dabson Zhuwawo appeared before magistrate Lucy Mungwari where he argued that the ConCourt should determine whether his right to a trial within a reasonable period has not been violated.
Zhuwawo wants the ConCourt to grant an order for permanent stay of prosecution.
In his submission to Concourt, Zhuwawo alleged that he was being charged with culpable homicide and has been religiously presenting himself for trial which at one stage commenced, but could not be completed after the presiding magistrate left for greener pastures.
He said the matter had been outstanding for 16 years, which delay was undoubtedly inordinate.
Zhuwawo said he suffered prejudice after his chief witness Samuel Siwiza died and another witness whom he did not name relocated from the area and could not be found.
Allegations are that on June 10, 2001, Zhuwao was part of a group of farm invaders sent to Blackfordby Farm in Waterfalls to assemble employees for a meeting to be addressed by war veteran leaders to solve a previous dispute between the invaders.
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While calling out people for the meeting, Zhuwawo met the now-deceased Dumukani Zondiwa near his house and a quarrel ensued. Zhuwawo accused Zondiwa of ignoring the call.
The State alleges Zhuwao and accomplices dragged Zondiwa away. Along the way Zhuwawo’s accomplice Cephas Matare who is now deceased grabbed Zondiwa by the shoulder and head-butted him on the forehead twice and he fell down.
As Zondiwa tried to get up he was kicked all over his body and Zhuwawo allegedly struck him with a golf stick on the stomach several times.
Police later attended to the scene. Zondiwa was ferried to Harare Central Hospital where he was pronounced dead on arrival. Zhuwawo and his accomplices were then arrested.
Ephraim Zinyandu appeared for the State.
