News / National
Arrested Zimbabwe presidential hopefull applies for discharge
29 Aug 2017 at 06:19hrs | Views
THE United Kingdom-based leader of a new opposition party, the Zimbabwe Economic Freedom Fighters (ZEFF), Innocent Ndibali, accused of violating immigration laws after addressing journalists at the Bulawayo Media Centre, applied for discharge at the close of the State case on Friday.
Ndibali (38) was arrested on August 18 soon after his address.
Ndibali, who is the interim president of ZEFF and a holder of a British passport, appeared before Bulawayo magistrate Ms Sithembiso Ndlovu on Friday facing charges of failing to comply with his visa conditions in contravention of Section 36 (1) of the Immigration Act.
Through his lawyer, Mr Jabulani Mhlanga of the Zimbabwe Lawyers for Human Rights, Ndibali made an application for discharge, arguing that the State failed to prove a prima facie case against him. He argued that there was no evidence to sustain the charge levelled against him.
"The evidence does not sustain the charge. The State outline does not establish facts linking the accused person to the alleged offence. The State witnesses failed to pin point the exact part of the visa, which states that my client has violated conditions of his holiday visa," said Mr Mhlanga.
"Accordingly, the defence wishes to make an application for discharge at the close of the State case."
The lawyer said the arrest of his client was a violation of his Constitutional right as a Zimbabwean citizen.
"Although my client holds a British passport, he is a Zimbabwean who has a right in terms of the Constitution to address a Press Conference.
"He was merely invited to make his remarks," said Mr Mhlanga.
Ms Ndlovu will deliver her ruling on August 31.
Chairperson of the Bulawayo Media Centre Mr Pamenus Tuso took to the witness stand and told the court that the gathering was a social meeting.
"The accused person was invited by journalists for a social interactive meeting. It was not a Press conference and we were shocked when police from the Law and Order section arrested him for convening a political meeting and addressing journalists," he said.
Prosecuting, Mr Alfonce Makonese said on August 11 this year, Ndibali entered the country through the Joshua Mqabuko Nkomo International Airport in Bulawayo. The court heard that on arrival at the airport, the accused person tendered his passport to immigration officers and he was issued with a 14-day holiday visa.
On August 18 at around 7PM, Ndibali held a Press conference at a city hotel to market his party's manifesto ahead of next year's harmonised elections.
The event was attended by 35 journalists.
"The accused person, by doing so, failed to comply with the conditions under which he was granted a visa to enter the country," said Mr Makonese.
He said Ndibali was supposed to solely be on holiday and not conduct any other business in the country.
Acting on a tip-off, police arrested Ndibali and confiscated his passport.
The State had opposed Ndibali's application, arguing that there was a reasonable suspicion that he committed the alleged offence.
Ndibali (38) was arrested on August 18 soon after his address.
Ndibali, who is the interim president of ZEFF and a holder of a British passport, appeared before Bulawayo magistrate Ms Sithembiso Ndlovu on Friday facing charges of failing to comply with his visa conditions in contravention of Section 36 (1) of the Immigration Act.
Through his lawyer, Mr Jabulani Mhlanga of the Zimbabwe Lawyers for Human Rights, Ndibali made an application for discharge, arguing that the State failed to prove a prima facie case against him. He argued that there was no evidence to sustain the charge levelled against him.
"The evidence does not sustain the charge. The State outline does not establish facts linking the accused person to the alleged offence. The State witnesses failed to pin point the exact part of the visa, which states that my client has violated conditions of his holiday visa," said Mr Mhlanga.
"Accordingly, the defence wishes to make an application for discharge at the close of the State case."
The lawyer said the arrest of his client was a violation of his Constitutional right as a Zimbabwean citizen.
"Although my client holds a British passport, he is a Zimbabwean who has a right in terms of the Constitution to address a Press Conference.
"He was merely invited to make his remarks," said Mr Mhlanga.
Chairperson of the Bulawayo Media Centre Mr Pamenus Tuso took to the witness stand and told the court that the gathering was a social meeting.
"The accused person was invited by journalists for a social interactive meeting. It was not a Press conference and we were shocked when police from the Law and Order section arrested him for convening a political meeting and addressing journalists," he said.
Prosecuting, Mr Alfonce Makonese said on August 11 this year, Ndibali entered the country through the Joshua Mqabuko Nkomo International Airport in Bulawayo. The court heard that on arrival at the airport, the accused person tendered his passport to immigration officers and he was issued with a 14-day holiday visa.
On August 18 at around 7PM, Ndibali held a Press conference at a city hotel to market his party's manifesto ahead of next year's harmonised elections.
The event was attended by 35 journalists.
"The accused person, by doing so, failed to comply with the conditions under which he was granted a visa to enter the country," said Mr Makonese.
He said Ndibali was supposed to solely be on holiday and not conduct any other business in the country.
Acting on a tip-off, police arrested Ndibali and confiscated his passport.
The State had opposed Ndibali's application, arguing that there was a reasonable suspicion that he committed the alleged offence.
Source - chronicle
