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Chronicle Reporter 

BULAWAYO High Court Judge, Justice Thompson Mabhikwa, yesterday postponed to today the bail ruling for jailed Ntabazinduna Chief, Felix Nhlanhlayamangwe Ndiweni, after the State failed to respond to the application filed last week. 

On August 16, Chief Ndiweni was sentenced to an effective 18 months in jail while his subjects had their remaining 18 months from a 24 month sentence wholly suspended on condition that they perform 525 hours of community service at local schools and clinics.

Chief Ndiweni and his 23 subjects last week filed a notice of appeal against both conviction and sentence at the Bulawayo High Court citing the State as a respondent.

The Chief also lodged an application for bail pending appeal with the same court.

In their grounds of appeal in respect to conviction, the appellants said Magistrate Gladmore Mushove erred by failing to appreciate that what Chief Ndiweni did was in terms of what he subjectively believed was within his powers as a traditional chief.

“The court a quo erred in failing to appreciate that the first appellant (Chief Ndiweni) had a defence of a claim of rights as provided for in terms of sections 236 and 237 of the Criminal Law (Codification and Reform) Act. The court a quo erred in failing to appreciate that the State has not proven beyond reasonable doubt the fact that the appellants had the requisite knowledge of wrongdoing that constituted part of their offence,” said Mr Dube.

The lawyer said the court grossly erred in finding that Chief Ndiweni’s moral blameworthiness was very high.

“The court a quo grossly erred in finding that community service was not an appropriate sentence for the first appellant when the imposed prison term falls within the 24 months imprisonment threshold. The court a quo erred in not considering other forms of punishment considering the value of the destroyed property, which was less than the value of $300,” said Mr Dube.

Justice Mabhikwa yesterday ordered the State represented by Mr Kudakwashe Jaravaza to respond by end of day today as the court was going to proceed with the case even without the response. 

In an interview after court, Chief Ndiweni’s lawyer Mr Dumisani Dube said: “We are coming from court and the ruling was postponed to tomorrow as the State had not yet responded to our appeal and bail applications which we submitted on August 19 and 23 respectively”.