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Fungai Lupande Court Reporter
OUSTED war veterans leader Jabulani Sibanda who is accused of insulting the President, was yesterday granted $400 bail and his matter referred to the Constitutional Court.
Sibanda, 56, of Nkulumane in Bulawayo, appeared before provincial magistrate Vakayi Chikwekwe on allegations of insulting President Mugabe at an unsanctioned gathering in Mutare recently.
He was not formally charged for contravening section 33 (2) (b) of the Criminal law (Codification and Reform) Act Chapter 9:23.
In his bail ruling Chikwekwe said although the investigating officer Chief Superintendent Luckson Mukazhi, indicated that a ZBC clip of the alleged offence was tampered with, he failed to tell the court the influence and powers the accused had.
“The accused would definitely not know which witnesses State would call unless he has prophetic wisdom.
“One month has passed without the accused putting his alleged threats into action, it isn’t likely that he will interfere with the on-going Zanu-PF congress,” he said.
Chikwekwe granted Sibanda bail and ordered him to surrender his passport, report every Friday at Law and Order Bulawayo, reside at the given address and not to interfere with witnesses.
Furthermore Chikwekwe referred the matter to the Concourt.
“We need guidance from a superior court so there’s no reason not to refer the matter to Concourt. The application isn’t frivolous and vexatious,” he said.
The state represented by the area prosecutor Jonathan Murombedzi and Oliver Marwa, had opposed granting Sibanda bail on condition he would interfere with witnesses and the ongoing Zanu-PF congress.
“It’s for public safety that the accused should be remanded in custody. He threatened to mobilise people and march to the State House to meet the President.
“We shouldn’t forget that what surrounds this matter are political connotations,” he said.
Murombedzi proceeded to call Chief Supt Mukazhi to substantiate his refusal of bail.
Chief Supt Mukazhi told the court that a ZBC clip in which Sibanda was recorded allegedly insulting the President had some parts deleted.
“Information at hand indicates that the accused indirectly interfered with the clip,” he said.
However, Sibanda’s lawyer, former Attorney General Sobusa Gula-Ndebele, insisted that the charge was ultra-vires Sibanda’s constitutional right to freedom of thought, opinion, religion, belief among others.
“People are entitled to their opinions, public institutions will do better if they’re criticised. The accused is a father of seven and wants to be at his farm since it’s cropping season,” he said.
It is alleged that on October 27 this year at Herbert Mine in Mutasa, Sibanda addressed an illegal gathering of war veterans at the mine shaft.
The gathering was for the reburial of exhumed liberation war fighters’ bodies despite the reburial being rescheduled to a later date by the Minister of Home Affairs Cde Kembo Mohadi.
Sibanda allegedly delivered a lengthy speech and said the President and his wife were plotting a bedroom coup to remove Vice President Joice Mujuru and replace her with the President’s wife Cde Grace Mugabe.
He added that he was not prepared for that and that power was not sexually transmitted.
Online Reporter