Lionel Saungweme | Bulawayo Magistrate, Franklin Mkhwananzi has granted Movement for Democratic Change (MDC-T) National Organising Secretary Abednigo Bhebhe (52), MDC-T Vice President Thokozani Khupe’s personal assistant, Witness Dube (41) and Eliot Doctor Moyo (52) free bail in the violence that took place at the MDC-T offices on 4 March 2018.
The state has also preferred to alternatively charge the accused with public violence as defined in Section 36 (1) b of Criminal Law (Codification and Reform) Act Cap 9:23. The state outlines records “… that on the 4th March 2018 and at MDC-T offices situated along Fort Street along between 2nd and 3rd Avenue Bulawayo, Abednigo Bhebhe, Witness Dube and Eliot Doctor Moyo or one or more of them acting in concert and to a serious extent disturbed the peace, security or order of the public or any section of the public or invaded the rights of other people intending such disturbance or invasion or realising that there is a real risk or possibility that such disturbance or invasion may occur that is to say the accused persons disrupted a MDC-T meeting, engaged in stone throwing battle with fellow MDC-T members, Malusi Fuyana, Edith Moyo Sandra Moyo Persuade Jena and Sibusisiwe Masina with stones.”
The trio is accused of assault as defined in Section 89 of the Criminal Law (Codification and Reform) Act Cap 9:23. Prosecutor Nkathazo Dlodlo will state “that on the 4th March 2018 and at MDC-T offices situated along Fort Street along between 2nd and 3rd Avenue Bulawayo, Abednigo Bhebhe, Witness Dube and Eliot Doctor Moyo or one or more of them unlawfully committed an assault upon Malusi Fuyana, Edith Moyo, Sandra Moyo, Persuade Jena and Sibusisiwe Masina.”
The state will allege “that Eliot Doctor Moyo picked up a half brick and struck Malusi Fuyana on the back of the head, he fell down, Witness Dube, Abednigo Bhebhe and unknown MDC-T members then joined Eliot Doctor Moyo and assaulted Malusi Fuyana until he became unconscious and was ferried to Mpilo Hospital where he later gained consciousness.”
It will be further alleged that “Bhebhe then ordered MDC-T youths who could not be identified to drag Edith Moyo away from the gate and they dragged her. He also picked up some stones and struck Sibusisiwe Masina on the buttock and right arm and she sustained bruised buttock and pain on the arm. Abednigo Bhebhe then ordered the youths to assault Sandra Moyo. The youths pushed and dragged Sandra Moyo into Abednigo Bhebhe’s car which was parked at the MDC-T office she resisted until she was saved by a passerby. She sustained a twisted knee.”
“Witness Dube and two unidentified MDC-T members” alleges the state outline, “dragged Persuade Jena into a Range Rover vehicle and he resisted. One unidentified MDC-T youth who was a passenger in Witness Dube’s car then struck Persuade Jena on the forehead with a will (sic) spanner and banged the vehicle door injuring his three fingers.”
“Malusi Fuyana, Edith Moyo Sibusisiwe Masina, Sandra Moyo and Persuade Jena sustained injuries and were referred to Mpilo Hospital for medical attention,” states the outline.
According to the report “medical reports can be produced as evidence” and that “accused persons had no lawful right to disturb the peace, security or order of the public or any section of the public or invaded the rights of people.”
The case will be heard next on 13 April 2018.