Minister Mzila Ndlovu in Court today

THE trail of the Co-Minister of the Organ for National Healing, Reconciliation and Integration, Moses Mzila -Ndlovu, who is facing charges of making utterances prejudicial to the State is set to kick off at Hwange magistrate Court today.

Mzila- Ndlovu belongs to the Movement for Democratic Change formation led by Professor Welshman Ncube.

Mzila-Ndlovu (58), was last granted US$500 bail by Hwange magistrate, Mr Peter Madiba, who, however, told his lawyers Mr Matshobane Ncube and Mr Kucaca Phulu that he would only be released after he had surrendered his passport.

Mzila Ndlovu was arrested with a Rioman Catholic clergyman Father Marko Mabutho Mkandla of Number 1021, New Stands, Lupane, who is also facing the same offence with two others, was also released after paying US$500 bail granted by the same court.

Father Mnkandla is being represented by four lawyers from the Zimbabwe Lawyers for Human Rights led by Mr Lizwe Jamela.

As part of his bail conditions, Mzila-Ndlovu was ordered not to interfere with State witnesses, not to address a political public gathering without police authority and to reside at his given address, House Number 12, Irene Avenue, Kennilworth, in Bulawayo.

Mzila-Ndlovu is being charged with contravening Section 31 (a) (iii) (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 (publishing or communicating false statements prejudicial to the State).

Prosecutor Mr Palmer Khumalo said on 13 April at Silwane Primary School in Lupane and at about 10am, Mzila-Ndlovu was a guest of honour at a gathering attended by local villagers. Mr Khumalo said while addressing the meeting, Mzila-Ndlovu said; "Silwane villagers should turn against President Mugabe because most of them lost relatives during the Gukurahundi era and that President Mugabe was silent with the police, CIO, army being used by him and his party to further their political mileage."

Mr Khumalo said the statements were false, wholly or materially with the intention of inciting or promoting public disorder and public violence or endanger public safety and undermining public confidence in security forces. Father Mnkandla was remanded to 30 May on the same bail conditions as the minister and was warned not to use church sermons to preach politics.

Mr Khumalo said on 13 April at about 10am and also at Silwane Primary School in Lupane, Father Mnkandla contravened Section 25 of the Public Order and Security Act (Posa) by failing to notify police that there was a public meeting.

Father Mnkandla allegedly convened a public gathering and addressed the same meeting with Mzila-Ndlovu where he spoke strongly about Gukurahundi and the alleged dominance of Shona people in Matabeleland.

He is also accused of communicating false statements prejudicial to the State.

He allegedly encouraged Silwane villagers to take action against President Mugabe saying victims of the Gukurahundi era in Matabeleland were killed by the Fife Brigade sent by the President.

Father Mnkandla allegedly went on to say that he had discovered 52 mass graves of victims of Gukurahundi and that he was going to identify, exhume and rebury the bodies.

He said people should rise up against the perpetrators of Gukurahundi era and President Mugabe. He also said the perpetrators were fully running the country while silent about the disturbances as if nothing happened.

The prosecutor said the statements conveyed to the villagers of Silwane were false, wholly or materially with the intention of inciting or promoting public disorder and public violence or endanger public safety and undermining public confidence in law enforcement agencies and Zimbabwe Defence Forces.

Fr Mnkandla was also charged with contravening Section 26 (1) (b) of the Censorship and Control Act, Chapter 10:04 (found in possession of pornographic material). It is the State's case that on 14 April around 1:30pm a team of detectives went with Fr Mnkandla to his house to conduct a search.

The detectives found a pornographic video titled "Paradise Island" and written "CRM Mnkandla" showing illicit pictures of white people having anal sex. The disc was in a black CD album among his various collection of video discs. The pornographic disc is said to have contained indecent, obscene, and prohibited pictures or videos of people being intimate.