'Tsvangirai ordered hijacking of car'

The MDC-T deputy president's chauffer who was arrested last week after he allegedly assaulted Matabeleland North provincial chairperson's driver before stealing cash and impounding the Isuzu truck he was driving, was following the instructions of party president Morgan Tsvangirai, the court heard Monday.

This was said by the lawyer representing Witness Dube, Thokozani Khupe's driver, during the bail hearing session Monday.

Dube who is being represented by Tanaka Muganyi of Dube, Banda, Nzarayapenga and Partners appeared before Sibongile Msipa at the Bulawayo Magistrates' courts.

Khupe' s driver - and his six accomplices still on the run - are facing robbery and theft charges after they allegedly hijacked Sengezo Tshabangu's driver, Zaccaria Nkomo, on May 25, this year.

The incident occurred as the fight between the Tsvangirai and Tendai Biti factions for property following a split within the party escalated.

Tshabangu reportedly belongs to the Biti-led faction.

Submitting his client's bail application Monday, Muganyi said the court is being unnecessarily burdened and used to fight internal squabbles of the MDC-T.

He said his client was acting as per instructions of the party president when he committed the alleged offences.

"The accused is a security aide and driver for the vice-president of the party. The court is aware of the background to this matter, the property in question (the vehicle) belongs to the MDC-T party," he said.

"On April 29, an instruction was disseminated to all provincial secretaries to the effect they take all necessary steps to safeguard and protect the party's properties in their provinces, which includes the vehicle in question."

Muganyi said it would be wrong to assume that if released on bail, Dube was likely to proceed with the operation of collecting the party's properties as per Tsvangirai's directions.

"The investigating officer raised the likelihood that the accused would commit the same crime as there is a directive from the party president to collect all the party's property," he said.

"These are civil misunderstandings within the party and the court should not be used as a vehicle in perpetuating this internal dispute."

The state counsel, Danmore Kasenza, opposed bail and called the investigating officer in the matter, Detective Sergeant Patrice Nyanhete, to testify against releasing Dube on bail.

Nyanhete said Khupe's driver had not co-operated with the police during the course of his investigations as he did not report at the Criminal Investigations Department's Law and Order offices as per the instructions he wrote on the letters he left at his place of residence in Gwabalanda and his workplace in Saurcestown.

He said Dube was only brought to Bulawayo Central Police by the party's spokesperson Douglas Mwonzora.

"On May 29 2014, Douglas Mwonzora came to my office claiming to be representing the accused. I asked for his practicing certificate and he produced an expired document. He was also not in the company of the accused," he said.

"I realised that he had been sent to find out the seriousness of the charge and I had to tell him that it was a simple assault in order to lure him (Dube) to come to Bulawayo Central Police Station. Mwonzora went away and brought the accused person with him," said Nyanhete.

Nyanhete said Dube was facing a serious charge which involved a motor vehicle, cash amounting to $380 and two cellphones.

"The property has not been recovered, he is the only person who knows where the vehicle is. Once he is granted bail he will conceal the vehicle and we might not be in a position to find it. The accused is likely to interfere with the witnesses as he knows them and has worked with them before," said the police detective.

Nyanhete said although Dube was clearly acting under instruction, he acted unlawfully considering the manner in which he took the vehicle

The magistrate will deliver the ruling on the bail application Tuesday.