Extradition of suspect to Botswana on hold

THE ruling on Botswana’s application for extradition of a Zimbabwean man to that country to face a murder charge was yesterday further deferred as the magistrate said he was still studying the court papers, after the accused’s defence made written opposing submissions.

REPORT BY SILAS NKALA

Botswana prosecutors, led by the director of public prosecution, Leatile Isabella Dambe, on June 25, filed an application at the Bulawayo Magistrates’ Courts seeking the extradition of Mlungisi Moyo of Plumtree.

Moyo, who is represented by Dumisani Dube of Cheda and Partners, allegedly killed his wife, Sinikiwe Ncube while they were in Botswana sometime in October 2007. Bulawayo magistrate Crispen Mberewere yesterday remanded him in custody to July 19 for ruling in the extradition application case. He was not asked to plead to the murder charge.

In submissions, Botswana authorities, through their Zimbabwean counterparts, stated that the application was being made in accordance with Section 17 (1) of the Extradition Act Chapter 9,08 for Moyo to face trial for the murder of his wife Sinikiwe Ncube, then 26, in Botswana.

“The accused faces a murder charge, the allegations being that on October 30 2007 he murdered Sinikiwe Ncube at Chaokeng Lands, Mogobane in Botswana,” the application reads.

“The accused and the deceased are Zimbabweans and were husband and wife customarily married. The deceased was employed at Chaokeng Farm as a farm hand.” It is alleged that on October 30 2007 the deceased left the farm in the company of Evans Nsingo.

“On their way, the two met the accused, who was in the company of a Zimbabwean Tapson Dube,” the application reads.

“There was an altercation between the two meeting parties with accused demanding to know where the deceased was going in the company of Nsingo.”

Moyo is alleged to have suspected that his wife was having an affair with Nsingo.Nsingo fled the scene, leaving Moyo and Dube manhandling Ncube. She was found dead at the scene of the altercation, with a stab wound on her chest. Moyo was arrested by Bulawayo CID homicide and taken to court and was initially remanded to February 19.

But Moyo’s lawyer yesterday made written submissions opposing the extradition.

“It is alleged that accused murdered his wife at Chaokeng Lands in Mogobane, an allegation he denies,” Dube submitted. “At the time of the alleged offence, he was not in Botswana, but in South Africa and as such attempts to extradite him are not only malicious, but xenophobic stereotypical abuse of private international law.
“One fails to understand the interests of the State of Botswana in a matter where the victim, alleged perpetrator and all witnesses are illegal immigrants in Botswana.
“Interests of justice will not be compromised if this matter is tried in Zimbabwe since all key actors are Zimbabweans.”
The lawyer prayed for the dismissal of the extradition application.
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