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A BULAWAYO magistrate has summoned a Plumtree registrar to court to confirm whether or not a key witness in a rape case has died after the suspect challenged the state claiming he was still alive.
Regional magistrate Mark Dzira said Zandile Sibanda, who signed and stamped the late Isaac Mbise Sibanda’s death certificate, should come to court to confirm the death. The suspect, Nesbert Dube, 21, is facing two counts of aggravated indecent assault and rape and was arrested after parents of the two juvenile victims traced the spoor of his dog to his homestead leading to his arrest.
On the day he allegedly abused the two girls, Dube met the now late Sibanda who was the state’s chief witness in the bush looking for lost cattle.
Coincidentally, Dube was in company of a dog, which Sibanda had sold to the former’s boss.
Sibanda died on June, 13 before testifying in court.
Prosecutor Tinashe Dzipe produced Sibanda’s death certificate as evidence that he cannot testify in court.
However, Dube challenged him saying Sibanda was still alive. “What I know is that this man is still alive. I know everything that is happening in the village, please bring him to court,” he said.
Dube said the state was trying to pin him to the offence by lying that Sibanda was late.
“I don’t believe this document, what I know is that he is alive, he must come here and tell the court that I’m the one who committed the crime,” he insisted.
The death certificate was stamped June, 23 and was signed by Sibanda, the registrar.
It is alleged Dube committed the crime on January, 8 this year at around 11AM.
He and the late Sibanda were looking for cattle when they met three juveniles and asked whether they had seen their cattle to which they professed ignorance.
The two continued with their search but later on Dube went back alone and asked for water to drink from the minors before producing a whip and started assaulting them.
Dzipe said Dube took the Grade Seven pupil 60 metres away from the other juveniles and threatened her not to leave and went back to the other girl.
He then ordered her to remove her panties but she refused and he forcibly tore them off and threw them away, the court heard. “Dube then pushed her down and raped her and proceeded to his second victim,” said Dzipe.
The juveniles reported the incident to their grandmother who informed her neighbours and a search for him was conducted.
They followed Dube’s spoor but got lost along the way and went back to the fields. They followed another spoor, which led them to Sibanda’s home.
Sibanda told them he did not know Dube but knew his employer whom he had sold a dog.
The villagers then followed the dog’s spoor, which led them to Dube’s home 17km away, leading to his arrest.
Medical reports produced in court showed that the two juveniles had fresh bruises on their private parts. Trial continues on July 29.
derick.khumalo