Kombayi in the dock

Munyaradzi Musiiwa, Midlands Correspondent
SUSPENDED Gweru Mayor Councillor Hamutendi Kombayi was on Friday hauled before Gweru magistrate’s court for allegedly insulting Local Government, Public Works and National Housing, Permanent Secretary, Engineer George Mlilo whom he allegedly called a “thief” and a “fool.”

Kombayi of 1 Simpson Road, Kopje in Gweru appeared before Gweru provincial magistrate Mrs Phathekile Msipa facing two counts of contravening Section 88 (a) of the Postal and Telecommunication Services Act Chapter 12:05.

Through his lawyer, Mr Reginald Chidawanyika of Chitere Chidawanyika and Partners Legal Practitioners, Kombayi applied for the court to refer the matter to the Constitutional Court arguing that there was a violation of his constitutionally protected right to freedom of expression.

Mrs Msipa remanded Kombayi out of custody to next week Friday for ruling on his application.

The State led by Ms Helen Khosa alleged that on 24 December last year, Kombayi sent messages which were grossly offensive, indecent, obscene or threatening in character to Eng Mlilo.

Ms Khosa alleged that he insulted Eng Mlilo threatening him with unspecified action saying “I will fight you”, “the war begins in 2016”, “be ready for the war.” The court heard that Kombayi further insulted Eng Mlilo calling him a “thief”, “fool” and uneducated in a message that reads, “you are a thief and I have proof” and “You are a fool that does not have diploma (sic).”

Ms Khosa told the court that on Christmas day last year, Kombayi sent messages which were grossly offensive or of an indecent, obscene or threatening in character to Eng Mlilo.

In the message, Kombayi wrote, “audit tells you the problem, you decide a suicide bomb”, “we will blast you in it.”

Kombayi together with 17 other councillors were suspended in August last year over alleged gross mismanagement, gross misconduct, incompetence in connection with council funds and affairs.

The suspensions followed an audit conducted by the ministry after a series of demonstrations that later degenerated into a fully-fledged strike by council workers who had gone for six months without receiving their salaries.

The councillors were accused among other things of gobbling over $250 000 on allowances at the expense of the workers and service delivery. However, the High Court ordered the Ministry of Local Government, Public Works and National Housing to reinstate the councillors although this has not materialised.