AN MDC-T youth member, who allegedly insulted Bulawayo Central legislator Dorcas Sibanda on instant messaging service, WhatsApp, accusing her of being a “schemer” yesterday filed an application for exception in the case, indicating that the charge laid against him by the State did not disclose his offence.
Donaldson Mabutho (31) of Luveve in Bulawayo, represented by Kholwani Ngwenya of Mabhikwa and Company law firm, has since denied the charge of sending any message that was grossly offensive or indecent, obscene or threatening to Sibanda.
Yesterday, Mabutho filed an application for exception in the case before Bulawayo magistrate Gladmore Mushove.
In his application he indicated that the State’s charge against him does not disclose the offence he committed.
The magistrate remanded the matter to tomorrow, after the State, represented by Jeremiah Mutsindikwa, indicated that it would need to respond to Mabutho’s application before Friday.
Mabutho is alleged to have contravened Section 88 (a) of the Telecommunications Services Act which prohibits “sending any message that is grossly offensive or of an indecent, obscene or threatening character”.
He is out of custody on $100 bail and his bail conditions are that he continues to reside at his Luveve 5 home and reports every Friday at the Bulawayo Central Law and Order Section until the matter is finalised.
Mabutho had earlier on told the court that allegations against him were a result of factional fights within the party.
The court heard that on November 14 2014, at around 9:21am, Mabutho allegedly posted abusive and threatening messages on the MDC-T group chat, through his cellphone, directing them towards Sibanda.
The messages, some of them written in local lingo and containing words that cannot be printed in a family newspaper, accused Sibanda of pursuing a destructive agenda within the MDC-T.
“We will fix you zipankie, you are a dog,” one message reads.
“MDC-T does not belong to her mother, she must take note of that.
“You hire thugs to come and cause commotion . . . those are typical Zanu (PF) symptoms, you punk!
“Today the chairman’s car was parked inside, your plot has been discovered (sic).”
Sibanda reported Mabutho to the police and he was subsequently arrested for the offensive chats.