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Bulawayo Bureau
BULAWAYO political activist and journalist, Zenzele Ndebele, who was found in possession of a used teargas canister and cartridge as he entered State House in Bulawayo on Thursday where President Mnangagwa was addressing members of the civil society, was last Friday set free by a magistrate.
Ndebele, who is also a director of the Centre for Innovation and Technology (CITE), an online media organisation, was arrested at the entrance to State House where he was hoping to attend President Mnangagwa’s engagement with Matabeleland civic groups.
Ndebele appeared before Bulawayo magistrate Mr Franklin Mkhwananzi charged with possession of offensive weapons at a public gathering or alternatively criminal nuisance.
Ndebele, through his lawyer Mr James Sithole, made an application for refusal of placement on remand challenging the charges levelled against him and it was granted.
In his ruling, Mr Mkhwananzi said State House was a private residence but on the day in question, it was a public place as there was a meeting called by the Head of State and the accused attempted to get into a public place with the said items.
“The offence turns on whether or not the canister or cartridge can be classified as offensive weapons.
“It also defies logic that a person who complied with a search of his vehicle and having items removed from it could be charged with criminal nuisance,” he said.
“The reading of criminal nuisance would denote the accused person being pro-active in engaging in an activity that disturbs the peace, quiet or comfort of others. But in this case the accused was stopped at a gate and complied with the searching officers.
“The evidence that is before this court was recovered from his car and it boggles the mind as to how this can end up being treated as criminal nuisance”.
Online Reporter