LUPANE villagers arrested for protesting against the deployment of a non-Ndebele headmistress at Mlamuli Secondary School have been acquitted.
BY SILAS NKALA
They were cleared of charges of intimidating the headmistress and inciting other villagers to protest against school authorities.
School Development Association chairperson Mbuso Nkomo and villagers Mbonisi Khoza, Peter Ndlovu and Thabani Sibanda were being accused of demanding the removal of Millet Bonyongwe because she is non-Ndebele.
The four who were represented by Dumisani Dube were, however, denying the charges when they appeared before Lupane resident magistrate Ndumo Masuku on Tuesday. On Wednesday Dube applied for their discharge citing lack of evidence.
State prosecutor, Sanders Sibanda conceded to the defence application that there were no complainants in the matter. Police, the court observed, had mislead the State to believe that Bonyongwe was the complainant, when in fact she admitted in court that she did not make a police report.
In his ruling on Wednesday, Masuku said putting the accused to their defence when there is no proven evidence is a fragrant violation of their right to a fair trial.
“The courts are there to protect this right. The present case is a clear case of police manufactured allegation as there was no complainant. The community had pursued their right in a legitimate manner,” Masuku ruled.
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“The accused were on a follow up of a resolution made with the purported complainant who was part of that resolution. It baffles this court why police decided to play a partisan role and politicise the case.”
Masuku bemoaned the lack of professionalism by the police after they pushed an undeserving case and wasted resources and the court’s time.
“As such the accused are found not guilty and acquitted,” Masuku ruled.
A teacher, Zibusiso Masuku told the court that he never saw the accused threatening anyone.
In the application for discharge, Dube said the major State witnesses corroborated each other in rejecting the State case and proved their integrity of respecting the oath. He accused Sergeant Hochi, the arresting officer, of lying under oath and asked the court to throw away his false evidence.
The court heard that on January 28, 2016 an SDC meeting was held at the school and parents were concerned over conduction of lessons in Shona language by some teachers and wanted them, including Bonyongwe, to be removed from the school.
On June 23, SDC met and resolved that on June 27 parents should stop children from going to the school until Bonyongwe was transferred. The four went to the school on June 27 and allegedly intimidated Bonyongwe, confiscating keys to her residential cottage demanding that she leave the school since she is a Shona-speaking teacher.
