Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
A BEITBRIDGE-based security guard, who allegedly insulted President Mugabe, has approached the High Court seeking bail pending trial.
Fortune Sibanda (35), a security guard at a funeral parlour in the border town, recently appeared before Beitbridge magistrate Mr Langton Mukwengi facing charges of undermining the authority of or insulting the President as defined in Section 33(2)of the Criminal Law (Codification and Reform) Act. He was remanded in custody to tomorrow pending trial.
Sibanda, through his lawyers Mutuso, Taruvinga and Mhiribidi Legal Practitioners, filed his application for bail pending appeal at the Bulawayo High Court citing the State as the respondent.
In his founding affidavit, Sibanda said when he appeared before Mr Mukwengi on August 16 this year on charges of undermining the authority of or insulting the President, he was not asked to plead.
“To my shock and disbelief the magistrate remanded me in custody and told me that on my next remand date, I would be coming from Beitbridge remand prison,” he said.
Sibanda wants an order admitting him to $100 bail. Sibanda said if granted bail he was prepared to report every Friday at the nearest police station and not interfere with State witnesses as part of the bail conditions.
He said he was not a flight risk, arguing that he was family man of fixed abode.
“It is submitted that the applicant is a suitable candidate for bail pending trial. He is a man of fixed abode and married with four children. There is therefore no risk that he would elect to abscond the jurisdiction of the court and not stand trial as he has strong family ties in Beitbridge,” argued Sibanda’s lawyer.
“He has never interfered with police investigations or witnesses. It is submitted that despite his appreciation of the seriousness of the crime he allegedly committed, he is determined to face his trial, and has no reason to abscond.”
According to State papers, it is alleged that on August 14 this year at about 1PM, Sibanda approached one Mr Fanuel Muleya who was buying some cheese snacks at Toppick Investments Shop. Mr Muleya was wearing a T-shirt emblazoned with Zanu-PF colours and President Mugabe’s portrait.
It is alleged that Sibanda made some provocative remarks insulting the President using unprintable derogatory words.
Mr Muleya reported the matter to the police leading to Sibanda’s arrest.
@mashnets
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