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FORMER Bulawayo High Court judge Justice Nicholas Ndou on Monday postponed to today judgment in the application for discharge by Mthwakazi Liberation Front (MLF) leaders who are facing charges of treason. Justice Ndou, who resigned from the bench on 31 December last year, was supposed to deliver his judgment yesterday but indicated that it was not ready and pushed the matter to today.
Paul Siwela, 49, John Gazi, 54, and Charles Thomas, 44, have been awaiting judgment from Justice Ndou since October last year when they applied for discharge at the close of the State’s case.
Justice Ndou had indefinitely reserved judgment on 31 October and resigned without delivering it.
Siwela, who together with Thomas are being represented by Advocate Lucas Nkomo, Robert Ndlovu and Sindiso Shepherd Mazibisa, did not appear in court yesterday.
His lawyers said they had failed to contact him and hoped he would be available tomorrow.
Nonhlanhla Moyo from Advocate SKM Sibanda and Partners appeared on behalf of her senior partner Advocate Sabelo Sibanda, who is away, for Gazi.
Lovack Masuku and Samuel Pedzisai, from the Attorney General’s Office are representing the State.
Thomas, Gazi and Siwela have pleaded not guilty to the main charge of treason and the alternative charge of subverting a constitutionally elected Government.
They had their bail conditions relaxed in April as the AG’s Office lifted the 40-kilometre radius restriction and eased reporting conditions at the police from three times to once per week.
In their defence outline, the three MLF leaders denied that they ever at one time from 1 to 3 March in 2011 acted in common purpose and conspired with any person to incite people of Zimbabwe or a section of them to rise against the Government.
The State alleges that they distributed fliers which contained messages calling on members of the public and the army to rise against the Government.
Gazi states that at the time of the alleged offence and prior to his resignation from the MLF, he was its secretary-general.
He denies hatching a plan to distribute any fliers and conspire to incite members of the public or anyone else to rise up against or seek to overthrow a constitutionally elected Government through unconstitutional means.
Bongani Ndlovu
Online Reporter