News / National
Chief acquitted in assault case
27 Oct 2018 at 08:33hrs | Views
CHIEF Sigola of Esigodini in Matabeleland South Province has been acquitted of assaulting his former messenger with a stick.
Zephania Sigola (88) had been accused of striking Mr Japhet Ndlovu (63) of Esihlengeni Village in Esigodini several times with a walking stick after accusing him of refusing to surrender handcuffs he was given during his term of office as the chief's messenger.
Gwanda magistrate, Ms Nomagugu Ncube said the State had failed to produce incriminating evidence against Chief Sigola.
"The State has failed to produce incriminating evidence against the accused person. Mr Ndlovu is alleging to have been assaulted but there are no witnesses that can support his story. The only available witness is his son but the court can't base these allegations on what he is saying as he is not an independent witness. Therefore the accused person is found not guilty and acquitted after plea," she said.
In his defence, Chief Sigola said he did not assault Mr Ndlovu but only inquired about the whereabouts of the handcuffs. Prosecuting, Mr Takunda Mafudze said Chief Sigola assaulted Mr Ndlovu on September 5 last year.
"Mr Ndlovu was clearing a land portion belonging to his son who is in Botswana when Mr Shadreck Maphosa who was the acting village head as well as the chief's messenger summoned him to a community court presided by Chief Sigola. At the court he was told to explain why he was clearing the land which he alleged belonged to his son.
"The matter was discussed and later postponed to September 13. Chief Sigola then ordered Mr Ndlovu to surrender a pair of handcuffs that he had been given during his term as the chief's messenger in 2016. Mr Ndlovu denied receiving any handcuffs resulting in a misunderstanding.
"Chief Sigola stood up and struck Mr Ndlovu with a walking stick several times on the right hand," he said.
Mr Mafudze said Mr Ndlovu sustained some bruises as a result of the attack and reported the matter to the police. Mr Ndlovu said Chief Sigola insisted that he had given him handcuffs which he signed for but did not return them which was false. He said he tried to explain to the chief that those allegations were not true but Chief Sigola assaulted him.
Zephania Sigola (88) had been accused of striking Mr Japhet Ndlovu (63) of Esihlengeni Village in Esigodini several times with a walking stick after accusing him of refusing to surrender handcuffs he was given during his term of office as the chief's messenger.
Gwanda magistrate, Ms Nomagugu Ncube said the State had failed to produce incriminating evidence against Chief Sigola.
"The State has failed to produce incriminating evidence against the accused person. Mr Ndlovu is alleging to have been assaulted but there are no witnesses that can support his story. The only available witness is his son but the court can't base these allegations on what he is saying as he is not an independent witness. Therefore the accused person is found not guilty and acquitted after plea," she said.
"Mr Ndlovu was clearing a land portion belonging to his son who is in Botswana when Mr Shadreck Maphosa who was the acting village head as well as the chief's messenger summoned him to a community court presided by Chief Sigola. At the court he was told to explain why he was clearing the land which he alleged belonged to his son.
"The matter was discussed and later postponed to September 13. Chief Sigola then ordered Mr Ndlovu to surrender a pair of handcuffs that he had been given during his term as the chief's messenger in 2016. Mr Ndlovu denied receiving any handcuffs resulting in a misunderstanding.
"Chief Sigola stood up and struck Mr Ndlovu with a walking stick several times on the right hand," he said.
Mr Mafudze said Mr Ndlovu sustained some bruises as a result of the attack and reported the matter to the police. Mr Ndlovu said Chief Sigola insisted that he had given him handcuffs which he signed for but did not return them which was false. He said he tried to explain to the chief that those allegations were not true but Chief Sigola assaulted him.
Source - chronicle
