Pro-Democracy Campaigner Acquitted Over Shutdown Protest
6 February 2019
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A ZIMBABWEAN court on Tuesday 5 February 2019 ended the lengthy
detention in prison of prominent pro-democracy campaigner
Kukhanyakwenkosi Mkandla, who was arrested last month and charged with
public violence over the anti-government demonstrations held across
the country.

The 34-year-old Mkandla was arrested on 17 January 2019 by Zimbabwe
Republic Police (ZRP) officers in Gwanda in Matabeleland South
province and charged with public violence as defined in section
36(1)(a) of the Criminal Law (Codification and Reform) Act or
alternatively for malicious damage to property as defined in section
140 of the Criminal Law (Codification and Reform) Act.

During trial, which was presided over by Magistrate Nomagugu Ncube,
prosecutors claimed that Mkandla, a film maker, forcibly disturbed the
peace, security or order of the public by going on a rampage
destroying property and in the process stoning ZANU PF provincial
headquarters offices and damaging four window panes and uprooted a
sign post at the ruling party’s offices.

But Magistrate Ncube on Tuesday 5 February acquitted Mkandla, who was
represented by Mehluli Dube of Zimbabwe Lawyers for Human Rights
(ZLHR), after ruling that there were several inconsistences in the
evidence led by the state from its witnesses during the human rights
activist’s trial.

Meanwhile, the trial of Nkanyiso Ncube, another Gwanda resident on
public violence charges continued at Gwanda Magistrates Court on
Wednesday 6 February 2019, where he is also facing charges of
obstructing or endangering free movement of persons or traffic as
defined in section 38(c) of the Criminal Law (Codification and Reform)
Act.

Prosecutors claim that Ncube burnt some tyres and placed them on the
tarmac and blocked traffic and the free movement of persons, thereby
endangering people or traffic using the road.