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Under cross-examination by Advocate Lucas Nkomo, for Charles Thomas and Siwela, Detective Sergeant George Ngwenya said an MLF T-shirt that was recovered with an attendance register and a document of the “Matabeleland Grand Plan” were not before the court.

Det Sgt Ngwenya, who has served the force for 30 years, told senior Bulawayo High Court judge Justice Nicholas Ndou sitting with Messrs Elliot Nyoni and Phanuel Damba that after recovering the items from Siwela’s office, he surrendered them to the exhibit officer.

It was his evidence that he was not part of the investigating team and that the prerogative lay with the investigating officer as to which exhibits to bring to court.

He said after the search and arrest of Siwela he did not have anything to do with the case, but Adv Nkomo reminded him that he had been lined up to give evidence during the bail hearing of the trio.

“I was told to stand down because the defence counsel raised issues that I had been in court when Thomas, Siwela and John Gazi appeared for the first time on 8 March last year,” admitted Det Sgt Ngwenya.

Under cross-examination by Gazi’s defence counsel, Adv Sabelo Sibanda, Det Sgt Ngwenya said there was no evidence linking Gazi to the distribution of the “offensive” fliers.

He maintained that the fliers were subversive and kept making reference to the map on the fliers that shows the country divided into two parts with one named Mthwakazi and the other part called Zimbabwe.

Bulawayo is given as the capital of the Mthwakazi Republic, which the policeman said is aimed at inciting people to rise against the Government.

He could not be drawn to state the names of the members of his team saying “some are young and I just meet them at work” and said it is now more than a year since this happened hence he could not recall everything.

He even failed to identify the search warrant that he was armed with when he went to search’s Siwela’s office, saying the document handed over to him was not the same search warrant that he was armed with.

He drew the laughter of the packed court gallery when Adv Nkomo put it to him that he had in fact been given the copy search warrant by the State counsels and he dishonoured it.

When it was put to him that since he could not produce the search warrant then the search he carried out at the office was illegal, Det Sgt Ngwenya retorted: “I do not have anything in my possession but somewhere there is a copy.”

Asked to produce the documents where he recorded the proceedings of the search, the police officer said he had not brought “the piece of paper” and as an afterthought added that the purpose of recording was for the benefit of Siwela.

On the fliers that are now subject to the charges, Det Sgt Ngwenya said they contained subversive material meant to incite people to rise against the Government.

On all the fliers, Det Sgt Ngwenya said the map showing half the country as Mthwakazi and the other part as Zimbabwe was subverting the Government.

“The map leaves out the other part of the country with its capital and to me as a policeman this already is subverting the Government. It is just not in order for me as a policeman to divide the country and its people,” he testified.

It is his contention that by the time that the map was drawn, taken together with the messages on the fliers, his understanding was that separation had already occurred. While not openly stating that it was his considered view that the MLF was being viewed as an illegal entity, Det Sgt Ngwenya said they took all the exhibits from Siwela’s office because the party, which was proclaimed to be a political party on 28 December 2010, was engaged in illegal activities.

He said this was so because the party was publishing and distributing subversive material.

He denied arresting two men who were in the attendance register that was recovered from Siwela’s office, but said he had been to a Mr Ndebele’s house but did not find him.

Mr Ndebele and a Mr Khumalo were arrested at the Tredgold Building, which houses the Bulawayo magistrates’ courts as they followed bail application proceedings of the trio.

They were, however, released without any charge, as according to Det Sgt Ngwenya, they denied having anything to do with the “offensive” fliers.

When Adv Sibanda put it to him that constitutionally there was nothing wrong with people coming together and calling themselves “Mthwakazians”, the detective agreed but added that “as long as it is done in a goodwill and people observe the laws of the country”.

Answering a question on what he thought were the steps that had been taken to create the Kingdom of Mthwakazi, he said the map on the fliers coupled with the messages contained in the fliers is a step towards establishing the Kingdom of Mthwakazi.

On Tuesday, Det Sgt Ngwenya told the court that Thomas’ name was on the attendance register, which they recovered from Siwela’s office but Adv Sibanda pointed out that according to minutes that were written by Gazi, Thomas’ name was not there.

He admitted that the attendance register had not been produced in court and that he was not aware when the meeting took place although on Tuesday he said the meeting took place on 3 March, the day Thomas was arrested in Entumbane.

He added that he did not know the time that Thomas was arrested although he knows that he was arrested on 3 March last year.

“I am not aware of the time when the meeting took place maybe it was a few minutes after midnight. I do not know,” he said to laughter from the packed courtroom.

Thomas (44), Gazi (54) and Paul Siwela (50) have pleaded not guilty to the main charge of treason and the alternative charge of subverting a constitutional Government. The trial is set to continue on a date to be agreed between the defence team and the State counsels, Messrs Samuel Pedzisai and Lovack Masuku, both from the Attorney General’s Office with Adv Sibanda continuing with his cross-examination.