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Tanaka Mrewa, Court Reporter
The Western Commonage Court has stopped hearing a case involving two masked men who allegedly stole $4 000 from a house in Bulawayo’s Nketa 7 suburb recently.

The complainant Ms Magina Hamunga – who is being represented by former magistrate Mr Godwin Sengweni- alleged justice would not be served because the accused’s lawyer, Mr Abednico Ndebele, was a former resident magistrate at the court.

Allegations of bribery and interference with State witnesses were also raised resulting in the decision on Wednesday to halt proceedings.

The State alleged Lot Sam Virimayi (22) and Gad MacDonald Brewer (23) raided Ms Hamunga’s house on April 2 this year at around 5:30PM.  They allegedly wore masks as they tied up a maid and got away with         $4 025.

Ms Hamunga applied for the case to be heard in a different court.

Western Commonage Magistrate Mr Stephen Ndhlovu granted the application, placing Virimayi and Brewer off remand in the process.

Prosecuting, Ms Sibekithemba Dube told the court that the State was no longer in a position to proceed with trial because of the allegations.

“Your Worship, the State was ready to proceed with trial but there have been some issues arising involving it and the bench. There have been some conversations starting from allegations that there was bail granted,” said Ms Dube.

Mr Ndebele furnished the court with WhatsApp conversations between Hamunga and her friend concerning their grievances over the manner in which the matter was being handled.

“Conversations read that the accused persons’ lawyer is a former resident magistrate so the courts will rule in his favour. We are not worried about that because such allegations won’t affect evidence. Despite the fact the accused persons were called dogs in the conversations, there were allegations too that the prosecution was given some money,” said Mr Ndebele before he proceeded to read some the chats to the court.

“Badizile gogo-kutongwa kwacho hakuite, the lawyer is a former magistrate-Ndebele something, let them have the money justice system ifile,” reads one of the chats.

Mr Ndebele told the court that a police superintendent had called claiming that there was interference with witnesses.

“I personally called back the superintendent and he admitted that he had made the phone call. After that I called Nkulumane Station that was handling the case and they said they never received any information on interference with State witnesses.

“Although we are unhappy about the postponement Your Worship we have no choice. If it means the matter will have to be heard in Kariba or Mutare for justice to prevail so be it,” he said.

Mr Sengweni concurred with the court’s decision to renounce saying it does happen that when people are aggrieved they can behave in such a manner.

Mr Ndhlovu said: “I don’t see what is so special about this case. Both lawyers have been in the industry for a long time, Mr Ndebele for 19 years and Mr Sengweni for over 22 years. The complainant has raised a lot of issues around allegations of bribery and all this has never happened before. Both lawyers have worked even at Tredgold. A greater part of the magistrates are their juniors. Maybe this matter will end up being tried at the High Court to suit the complainant,” he said.

Mr Ndhlovu said the matter would proceed by way of summons.

— @tannytkay