Date set for MLF judgment

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MTHWAKAZI Liberation Front (MLF) leaders who are facing charges of treason — will know their fate on December 3 when trial judge, former Bulawayo High Court

MTHWAKAZI Liberation Front (MLF) leaders — who are facing charges of treason — will know their fate on December 3 when trial judge, former Bulawayo High Court judge Justice Nicholas Ndou, delivers his judgment in their application for discharge at the close of the State’s case. SENIOR COURT REPORTER

Uncertainty had characterised the case after Justice Ndou left the bench in December last year without delivering a judgment, leaving the MLF leaders contemplating suing President Robert Mugabe arguing that a further delay in its completion infringes on their constitutional right to freedom.

However, lawyer Robert Ndlovu, who is part of MLF leader Paul Siwela and Charles Thomas’ defence team, yesterday confirmed that the wait was over as the matter had been set down for December 3.

“It’s true the matter has been set down for December 3 at the Bulawayo High Court. Justice Ndou is coming to deliver his judgment,” Ndlovu said.

Siwela (49), Thomas (44) and John Gazi (54) are facing treason charges and have been awaiting judgment from Justice Ndou since October last year when they applied for discharge at the close of the State’s case.

Justice Ndou resigned from the bench on December 31 last year.

On October 31 2012, Justice Ndou had indefinitely reserved judgment on the matter and resigned without delivering a judgment.

However in April, Siwela and Thomas had their bail conditions relaxed.

The Attorney-General’s Office went on to lift the 40-kilometre radius restriction and eased reporting conditions at the police from three times to once per week, but refused to release their travel documents.

The pair has to apply for the release of their passports whenever the need to travel out of the country arises.

However, Gazi’s conditions were also relaxed on June 10, two months after those of his colleagues.

The three denied charges of seeking to overthrow President Robert Mugabe’s government through unconstitutional means.

They were arrested in March 2011 over allegations they distributed flyers bearing the logo of the MLF — a pressure group-cum-political party — agitating for Egyptian-style uprisings against Mugabe.

Lovack Masuku and Samuel Pedzisai represented the State while Advocate Lucas Nkomo, Robert Ndlovu and Sindiso Mazibisa represent Siwela and Thomas while Advocate Sabelo Sibanda represents Gazi.