Murambinda Magistrates court has acquitted two residents, who had been on trial on charges of disorderly conduct after they allegedly confronted some members of Forever Associates of Zimbabwe (FAZ) and disapproved of their illegal and murky operations during last year’s general elections.
48 year-old Charles Kadungure and 32 year-old Marlon Kandenga, who reside in Wedza in Mashonaland East province, had been on trial at Murambinda Magistrates Court, after they were arrested on 23 August 2023 by Zimbabwe Republic Police officers, who charged themwith disorderly conduct in a public place as defined in section 41 of the Criminal Law (Codification and Reform) Act.
During trial at Murambinda Magistrates Court, which commenced on 14 August 2024, prosecutor Chirairo Kudakwashe alleged that on 23 August 2023 Kadungure and Kandenga snatched a ZANU PF political party branded cloth and a cell register from Manatsa Zinyuku, who is employed as a teacher and is a member of FAZ, at a polling station located at Marumbi Primary School in Wedza in Mashonaland East province, and went away with it, intending to provoke a breach of peace.
This did not go down well with the 58 year-old Zinyuku, who reported the duo at Dorowa Police Station leading to their arrest.
During trial, three state witnesses namely Zinyuku, Masimba Guvheya and James Samson Karasi, who are all ZANU PF political party members and also FAZ members, testified against Kadungure and Kandenga.
The duo, which was represented by Brian Majamanda of Zimbabwe Lawyers for Human Rights, denied the allegations and in their defence, argued that there was bad blood between them and Zinyuku due to political differences hence the accusations against them were actuated by malice and were projected so as to fix them.
Majamanda also told Magistrate Tatenda Makwanya, who presided over Kadungure and Kandenga’s trial, that Zinyuku’s actions at a polling station, were illegal in that they violated the Electoral Act, which outlaws the conduct of the FAZ member on voting day.
Zinyuku admitted before Magistrate Makwanya that he had convened a gathering on the day of voting within the vicinity of a polling station, where he together with other FAZ members, were requesting voters to pass through a checkpoint before and after casting their ballots.
On 23 August 2024, Magistrate Makwanya found Kadungure and Kandenga not guilty and acquitted them at the close of the prosecution case after Majamanda had applied for their discharge.