Cross to know fate next year

Leonard Ncube Court Reporter
MDC-T national council member Edward Cross, who is facing two counts of sending a racial slur to a senior party official, will know his fate next year. After listening to closing submissions by defence lawyer, Advocate Tim Cherry and State counsel Shepherd Nhamburo, Bulawayo magistrate Gladmore Mushove said she would make a ruling on January 15, 2014.

Cross, 73, who is also Bulawayo South Member of the National Assembly, has pleaded not guilty to violating a section of the Posts and Telecommunication Act.

He is alleged to have phoned and sent a text message through his mobile phone to Nkululeko Ndlovu, the MDC Bulawayo provincial administrator who was suspended by the party for squandering party funds meant for the July 31, harmonised elections.

It is alleged Cross said on the phone: “Black people shall never run this country properly. You are stupid and talking crap.”
The text message allegedly read: “You are a thief.”

Indications from the party are that Ndlovu misappropriated part of the $66,470 he received from Harare on behalf of Bulawayo province.

The money allegedly came in two batches for payment of the party’s polling agents during the elections and each polling station was supposed to have three agents.

Inquiries about the money resulted in Cross and Ndlovu phoning and sending each other nasty messages accusing each other of defrauding the party.

Ndlovu accused Cross of claiming more than the required amount while the legislator alleged that the provincial administrator had siphoned the money.

Adv Cherry told the court that the State had no case against his client, adding that it should prove when and where Cross uttered the words insulting Ndlovu by calling him a thief.

His argument is that the legislator did not phone Ndlovu who claimed that he was annoyed by Cross’ offensive words.
Nhamburo said there was clear evidence incriminating Cross and the State had a prima facie case against him.

“There is clear evidence in count one that the accused sent the complainant a grossly offensive message although it is not yet known whether he has proof that he (complainant) is a thief.

“The State agrees that the accused did not initiate the call but all the same he insulted him, saying you are stupid and talking crap which is an offence. These words caused annoyance to the accused,” said the prosecutor.

During trial, an emotional Ndlovu told the court that there was no way Cross could be his superior because he was merely a legislator reporting to him as an administrator for the province.

He denied ever receiving correspondence about his suspension and the fact that the party had carried out investigations on him.
Cross’s argument is that Ndlovu also used the word crap against him. Ndlovu denies this, saying to him the term has racial connotations and as a black person he could not have used it.

Ndlovu blames Cross for his suspension, saying he influenced the provincial executive into making the decision.
It is alleged that Cross took money for four polling agents while the party had allocated three agents per station.