The ManicaPost
Lovemore Kadzura Post Correspondent
The trial of Chief Makoni – Mr Colgen Simbayi Gwasira – who is facing charges of obstructing the Messenger of Court from executing his duties began at the Nyanga Magistrates’ Courts on Monday with the traditional leader insisting that fellow chiefs and politicians were fabricating the allegations to plot his downfall.
His also pointed an accusing finger at The Manica Post saying the publication was also involved in the plot to remove him from power.
Mr Gwasira (51), who was appointed in 2013, is alleged to have contravened Section 72 (a) of the Magistrates Act Chapter 7.1 which criminalises the obstruction of the Messenger of Court while executing his duties.
Represented by Mr Muvhami of Mugiya and Partners, Chief Makoni pleaded not guilty when he appeared before Nyanga Magistrate Mr Ignatio Mhene.
He applied for discharge at the close of the State case but Mr Mhene ruled that the State had managed to prove a prima facie case against him and, thus, he was put to his defence.
During his testimony, Chief Makoni told the court that he was nowhere near the scene where the offence allegedly took place as he was in Harare.
He insisted that State witnesses were being coached and used by his enemies to cook up allegations against him.
Among those orchestrating his downfall, Chief Makoni named fellow traditional leaders, chiefs Tandi, Chipunza, Chikore and Chiduku. He said they were the ones planning his down fall in conjunction with The Manica Post and several politicians he did not mention by names.
Mr Mhene postponed the matter to October 31 for judgment.
Public prosecutor Mr Kelvin Mufute told the court that the chief threatened to assault with knobkerrie Rusape Messenger of Court, Mr Evans Majoni, who was accompanied by his deputy, Mr Taruvinga Tafirenyika and three ZRP officers.
He said Mr Majoni and company had gone to attach the traditional leader’s property as per an order granted by the Mutare Magistrates’ Courts.
“On October 7, 2015 at the Mutare Magistrates’ Courts, an order Number 1571/15 was granted by the court to the effect that the
complainant who is a Messenger of Court to proceed to Gwasira’s workplace to execute the order.
“Mr Majoni teamed up with his workmate Taruvinga Tafirenyika and three police officers namely Constables Mutiunovava, Keche and Chipamuriwo and proceeded to Chief Makoni Paramount Court in Rusape with the intention to execute the court order. Upon arrival, the accused person was advised by Mr Majoni that he wanted to attach a Hino Truck registration number ACI 9191 he was in possession as equivalent to the four cows worth $1 600 as per court order. The accused person refused and obstructed the Messenger of Court from executing the order. The suspect instead verbally threatened to assault the two Messengers of Court employees with a knobkerrie which he did not produce. His actions prevented the Messenger of Court from executing a lawful order that was granted at the Mutare Magistrates’ Courts.”
