BULAWAYO senior magistrate Sibongile Msipa yesterday granted Witness Dube, the driver of MDC-T vice-president Thokozani Khupe, $200 bail saying he committed the offence under instructions from the party’s leadership.
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Dube had been arrested for allegedly hijacking a vehicle used by ousted MDC-T Matabeleland North chairperson Sengezo Tshabangu and assaulting his driver Lameck Ndlovu and two other passengers.
Msipa’s ruling follows an appeal by Dube’s lawyer Tanaka Muganyi to the court not to allow itself to be used to further perpetuate party squabbles.
In her ruling, Msipa said the evidence presented before the court made it clear that Dube was acting on instructions as per the letter dated April 29 2014 written by MDC-T acting secretary-general Tapiwa Mashakada instructing provincial secretaries to safeguard the party’s properties in all provinces.
“The only problem is that the accused went on an extreme use of force to take the party property from the complainant,” ruled Msipa.
“The bail application by the accused is well founded and there is no good reason to oppose bail by the State. The accused person went on his own volition to the police station with his defence counsel and he did not exhibit any signs of being a flight risk.”
Msipa also said there were no signs for Dube to interfere with witnesses or evidence. She said the State’s reasons opposing bail do not have enough ground. Msipa said it was clear that that there were squabbles over the MDC-T property and leadership which should not be brought to court.
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“These factions must sort out their problems alone without involving the courts in their political issues. Having stated that there are no good reasons to deny accused bail, it is hereby ordered that accused is indeed a good candidate for bail and is granted bail of $200.”
She said Dube must reside at his Gwabalanda home, report to the Criminal Investigations Department (CID) Law and Order section in Bulawayo once every fortnight and should not interfere with witnesses until the case is finalised.
Dube has not been asked to plead to assault and robbery charges and was remanded to June 17.
Dube was arrested for being part of a group of MDC-T youths who hijacked and assaulted Ndlovu and his two passengers.
Allegations are that on May 25 at around 1pm, Ndlovu of Nketa 8 was driving the vehicle in question at the corner of 1st Avenue and Joshua Nkomo Street in Bulawayo in the company of Zaccaria Nkomo and Sage Mguni.
Ndlovu parked the car while waiting for cash from someone.
It is the State’s case that two vehicles blocked Ndlovu’s vehicle and Dube and six of his accomplices, who are still at large, disembarked and allegedly pulled Ndlovu out of the vehicle before assaulting him with clinched fists and booted feet.
Dube then allegedly searched Ndlovu and took a cellphone, $300 and the car keys before driving off.
His fugitive accomplices allegedly drove off in another vehicle. Ndlovu made a report to the police and went to the United Bulawayo Hospitals for treatment. Dube was later arrested after handing himself in.
The value of the alleged stolen property was pegged at $30 350 and nothing was recovered.
