State opposes bail for villagers in land row

Gwanda resident magistrate, Ms Sheila Nzombe had remanded Given Mbedzi, his mother Philani Ndou, Soforia Ndou, Jameson Mbedzi, Alifa Mbedzi, Philemon Marubini Ndou, Ignatius Ncube and Knowledge Muleya out of custody on their own cognisance.

The State, represented by Mr Mazwi Goto, evoked Section 121 of the Criminal Procedure and Evidence Act cancelling their freedom. The State now has seven days in which to note an appeal against the court’s decision to grant the suspects bail failing which the suspects will be released. They were remanded to 12 January when it is hoped the State would have made a decision.

Messrs Kucaca Phulu and Matshobana Ncube of Phulu and Ncube Legal Practitioners had successfully applied for a refusal of remand on stocktheft charges against Philani.
Philani was alleged to have cut a piece of fence from a farm belonging to Minister Mohadi, which resulted in several head of cattle straying, and these are still unaccounted for.

The lawyers argued that this did not form the essential elements of a case of stocktheft, as there is no evidence to show that their client had stolen any cattle.

Philani and her alleged accomplices are also facing charges of malicious damage to property in that they damaged a door belonging to Minister Mohadi’s son, Campbell Junior. The magistrate had granted them free bail on the charge.

The suspects have a long-standing dispute with Cde Mohadi over some plots adjacent to his farm and were arrested at the farm last Saturday afternoon.

The eight first appeared at the Beitbridge magistrates’ courts on Wednesday but the matter was referred to the Gwanda provincial magistrates’ courts on the instructions of Matabeleland South Area Public Prosecutor, Mr Blessing Gundani.

They have through their defence team indicated that they are denying the charges. They are arguing that the charges are an attempt to force them out of their plots.

Two offer letters were issued to both parties for the same plot; Given Mbedzi has a letter issued in 2003 while Mohadi’s son Campbell Junior was issued with a similar letter in 2009.
The Minister’s son was reportedly issued the plot after Mbedzi had allegedly abandoned it.

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