Food aid ‘killer’ in freedom bid

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Mashudu Netsianda, Senior Court Reporter
A FOrMER Zanu-PF political commissar for Nkankezi in Insiza district allegedly stabbed two members of the neighbourhood watch committee resulting in one of them dying following a dispute over food aid.

Earnest Ncube (65) of Village 20 in Nkankezi yesterday appeared before Bulawayo High Court judge Justice Martin Makonese seeking an order permanently staying his prosecution in connection with the death of George Sibanda and the attack on Sibangilizwe Siziba in 2004.

Ncube had a dispute with officials of a non-governmental organisation which was distributing food aid at Nkankezi Primary School, accusing them of deliberately omitting his children from the list of beneficiaries.

When Sibanda and Siziba tried to calm Ncube down, he turned violent and stabbed them resulting in Sibanda succumbing to the injuries.

Ncube through his lawyer, Mr Nickiel Mushangwe of Mushangwe and Company, sought an order permanently staying the proceedings, arguing that the delay in prosecuting him was a violation of his constitutional right in terms of section 69 of the constitution.

“For the past 13 years my life has been full of misery and emotional torture as a result of inordinate delay by the State in prosecuting me. It is my constitutional right to a fair and speedy trial within a reasonable period and in this case the State prejudiced me of that right through inordinate delay,” he said.

Mr Mushangwe argued that if the trial went ahead his client stood to be prejudiced as three of his key witnesses have since passed on due to the lapse of time.

“The difficulty that the applicant is facing in this matter is that his three key witnesses are now deceased and therefore it cannot be considered that his trial would be fair. It is the delay in prosecuting the matter by the State which caused the state of affairs, and worse still applicant cannot recall some of the events which happened more than 13 years ago,” he said.

Mr Mushangwe said the State failed to give a satisfactory explanation for delaying in prosecuting his client.

“Due to the lapse of time, the applicant suffered prejudice in that he was also stigmatised by the community coupled with the emotional stress and uncertainty. He was aware that upon conviction there are prospects of a death penalty which in itself is agonising and traumatic,” he said.

For the State, Ms Nokuthaba Ngwenya opposed the application for stay of prosecution and attributed the delay to a backlog of criminal cases.

“The State is opposed to the permanent stay for prosecution. The delay in prosecuting the applicant cannot be solely attributed to the National Prosecuting Authority. It is a national problem emanating from issues to do with inadequate courts, judges and prosecutors resulting in a backlog in criminal cases,” she said.

“It is in the interest of justice that the applicant is brought to book and the State prays that the matter be finalised through a full trial.”

The court heard that on February 23 in 2004, Ncube was part of villagers who were at a food distribution programme at Nkankezi Primary School which was being carried out by ORAP. When Ncube noticed that his children were not part of the list of beneficiaries, he got angry and confronted ORAP officials.

He allegedly threatened to kill them prompting Siziba to intervene and in the process he was stabbed on the right arm. Sibanda, upon seeing that his colleague had been attacked, tried to arrest Ncube and the two men wrestled.

Ncube allegedly overpowered Sibanda and stabbed him in the chest and he died hours later on admission to Filabusi District Hospital.

Ncube was apprehended by villagers and taken to the police leading to his arrest.

Justice Makonese reserved his judgment to a later date.

@mashnets

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