News / National
'Sten Zvorwadza has case to answer'
10 Nov 2016 at 13:57hrs | Views
HARARE - The State yesterday argued that National Vendors Union of Zimbabwe leader, Sten Zvorwadza, has a case to answer on allegations of disorderly conduct emanating from a January 2013 incident.
Zvorwadza, 47, of Greystone Park, had applied for discharge at the end of the State's case, arguing that there were no reasonable grounds a competent court would convict him of the charges.
Prosecutor Progress Maringamoyo's main basis in opposing the application was that Zvorwadza had been arrested at the crime scene and that his conduct breached the peace of other parties.
Harare magistrate Vongai Muchuchuti will hand down the ruling on the application on November 14.
"The accused person denies having intentionally engaged in disorderly conduct or having used insulting words or manner intending to provoke breach of peace or realising a real risk or possibility that peace may have been provoked," read Zvorwadzwa's defence.
"...the accused person did not cause any harm to the community or to any person. Even assuming the actual words quoted were uttered, he proffers a defence of freedom of expression as envisaged in the Constitution."
The complainant is the State, represented by Tanyanyiwa Mangena, 38 - a police officer at Criminal Investigations Department, Vehicle Theft Squad (VTS), Southerton, Harare.
Maringamoyo alleged that on January 9, 2013 Zvorwadza went to VTS for re-recording of a statement on a case that he had reported at that station.
The court heard that Zvorwadza was advised to wait by the reception since the officer was attending to another person.
However, he decided to wait by the corridor and was approached by Mangena who told him to go and sit by the reception.
It is alleged that Zvorwadzwa became "angry, violent, abusive and insulting", intending to disrupt peace at the station.
He then allegedly threatened Mangena saying: "If you are a bouncer go to Police General Headquarters and arrest deputy commissioner-general (Innocent) Matibiri for stealing my motor vehicle".
According to court records, Zvorwadza had no right to behave in such a manner.
Zvorwadza, 47, of Greystone Park, had applied for discharge at the end of the State's case, arguing that there were no reasonable grounds a competent court would convict him of the charges.
Prosecutor Progress Maringamoyo's main basis in opposing the application was that Zvorwadza had been arrested at the crime scene and that his conduct breached the peace of other parties.
Harare magistrate Vongai Muchuchuti will hand down the ruling on the application on November 14.
"The accused person denies having intentionally engaged in disorderly conduct or having used insulting words or manner intending to provoke breach of peace or realising a real risk or possibility that peace may have been provoked," read Zvorwadzwa's defence.
"...the accused person did not cause any harm to the community or to any person. Even assuming the actual words quoted were uttered, he proffers a defence of freedom of expression as envisaged in the Constitution."
Maringamoyo alleged that on January 9, 2013 Zvorwadza went to VTS for re-recording of a statement on a case that he had reported at that station.
The court heard that Zvorwadza was advised to wait by the reception since the officer was attending to another person.
However, he decided to wait by the corridor and was approached by Mangena who told him to go and sit by the reception.
It is alleged that Zvorwadzwa became "angry, violent, abusive and insulting", intending to disrupt peace at the station.
He then allegedly threatened Mangena saying: "If you are a bouncer go to Police General Headquarters and arrest deputy commissioner-general (Innocent) Matibiri for stealing my motor vehicle".
According to court records, Zvorwadza had no right to behave in such a manner.
Source - Daily News
