Anti-Government activist convicted over protests violence Josphat “Mzaca” Ngulube

Mashudu Netsianda, Senior Court Reporter

ANTI-Government activist, Josphat “Mzaca” Ngulube, was yesterday convicted of burning three vehicles belonging to Zanu-PF Bulawayo provincial women’s league chairperson, Cde Eva Bitu, in Sizinda suburb during the January violent protests.

Ngulube (34) of Sizinda suburb, a Bulawayo South Constituency losing independent candidate in last year’s harmonised elections, together with three other accomplices, burnt three cars, destroyed a precast wall and broke several windows of a house belonging to Cde Bitu.

Ngulube, Fortune Masuku (29), Melusi Moyo (32) and Otilia Sibanda (34) were convicted of malicious damage to property by Bulawayo magistrate, Mr Tinashe Tashaya. They were remanded in custody to Friday for sentence.

In passing judgment, Mr Tashaya dismissed defences by the four accused persons, saying their testimonies were fraught with inconsistencies and were not credible.

Despite Ngulube having produced a video purportedly indicating that on that fateful day he was attending a funeral, the magistrate dismissed the evidence.

“Although it is not disputed that on the day in question Ngulube was attending a funeral in Sizinda, the time factor is not fully accounted for. The funeral proceedings were supposed to commence at 7AM but delayed and only started around 10AM. There is nothing that was brought before the court to show what accused person was doing in between. This evidence is important because the alleged offence, according to State witnesses, occurred between 7AM and 10AM,” said Mr Tashaya.

“Clearly, the said funeral could not have stopped the accused person from partaking in the public violence.”

Mr Tashaya said three State witnesses gave credible evidence which nailed the accused persons.

“The State managed to prove its case beyond reasonable doubt and accordingly, the four accused persons are found guilty as charged,” ruled the magistrate.

The prosecutor, Mr Jetro Mada said on January 14 at about 7AM, the accused persons, acting in connivance with about 100 other protestors, unlawfully blocked the free movement of traffic at an intersection between Sizinda Road and Nketa Drive.

He said the mob confronted Cde Bitu at her house in Sizinda before shouting at her as they continuously accused her of benefiting from taxpayers’ money. 

They threw stones at the windows and damaged window panes before pushing her Ford Ranger out of the yard and torching it.

“The accused persons went back to the yard where they had left a Nissan NP300 and a Toyota Vitz. They also set alight the Nissan NP 300 whose flames partly destroyed the Toyota Vitz. The Ford Ranger and Nissan NP300 were burnt beyond repair,” said Mr Mada.

The total value of the destroyed property is US$95 000.— @mashnets

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