Following a series of confrontations over a land dispute and subsequent delays in court proceedings, former Minister of National Healing Moses Mzila Ndlovu’s lawyer Nqobani Sithole has accused the State of attempting to violate his rights.
Ndlovu was recently detained for contempt of court following run-ins with some people who were allocated land at his farm in Matobo district.
Ndlovu and his son were initially detained after an altercation involving livestock belonging to one of the occupants and were accused of assaulting a worker employed by that individual.
Read: https://cite.org.zw/confrontation-over-cattle-lands-ex-minister-in-police-custody/
The situation escalated when Ndlovu’s son filed charges of kidnapping and gun-pointing against the person who had occupied their farm as he had bundled him in their vehicle after pulling out a gun to him.
At the police station in Figtree, police allegedly shifted focus, detaining Ndlovu on charges of contempt of court rather than addressing the “more serious allegations” raised by his son.
When the former minister appeared at the Plumtree Magistrates Court on Wednesday on those charges, the State stated it was unprepared to proceed with the trial.
In an interview with CITE, Ndlovu’s lawyer Nqobani Sithole described the charges against his client as an abuse of the legal process, noting that some of the allegations date back to 2020.
“My client was charged with malicious damage to property because his dogs attacked cattle that strayed into his farm. The matter was placed off remand again as of (Wednesday) because the State was not ready,” Sithole said.
Sithole said he argued in court that the continued legal harassment infringes on Ndlovu’s right to a fair and speedy trial.
“This is an abuse of our client by the State. The complaint has never been in court. The accused shall challenge any further attempt to place him on remand because the conduct is meant to infringe on his right to a fair and speedy trial,” the lawyer said.
“We will challenge any further attempts to place him on remand as this conduct is aimed at infringing his rights.”
The former minister also weighed that his case highlights ongoing tensions in Matabeleland over land ownership and the broader struggle for justice and recognition.
Recounting his ordeal, Ndlovu said, “When we were answering charges of assault at Figtree, a police officer claimed I was sought for contempt of court and there was a warrant of arrest for me. The police officer told me to remove my shoes, belts and so forth. I was harassed, pushed, and thrown into a cell for contempt of court,” he said.
Ndlovu described being hurriedly taken to Plumtree Magistrates Court under conditions that he said were intended to pre-empt his lawyer’s arrival.
“I’ve never seen a police vehicle driven at such speed,” he said.
“When we arrived at Plumtree, I was shoved into a room full of prisoners from Plumtree prison and immediately treated as a prisoner. When it was my turn to appear in court, to their surprise, my lawyer was already there.”
During the court session, Ndlovu’s lawyer successfully argued the contempt of court charges were baseless, showing Ndlovu had complied with previous summons.
“When the magistrate asked my lawyer if he had proof that he had ever signed summons, my lawyer said, ‘yes’ and a whole bunch of files were opened on every one of the summonses that I had been served with,” Ndlovu said.
The magistrate agreed, throwing out the contempt charges due to procedural errors by the police.
Ndlovu expressed frustration over the State’s handling of the case, pointing out the authorities had ignored more serious charges involving the use of a firearm against his son.
