Paul Siwela, John Gazi and Charles Thomas – all members of the Mthwakazi Liberation Front which campaigns for a separate Ndebele state – are accused of plotting to overthrow President Robert Mugabe’s government.
Bulawayo magistrate John Masimba rejected the trio’s bid to have the case thrown out before trial.
The defence team led by Advocate Lucas Nkomo had argued that the state case was based on flimsy and frivolous grounds, but Masimba said the prosecution case was strong, thus he was of the opinion that the three should be made to stand a full trial to determine their fate.He said: “It is common cause that Gazi and Siwela held a meeting at Siwela’s office. It is also true that the two discussed the issue of violence and agreed that they wanted to clear the MLF’s name on issues to do with violence.
“… Although Thomas did not attend the said meeting at Siwela’s office, it is however ironic that he was found distributing pamphlets bearing messages the state says were meant to cause an uprising against the government of the day.”
He then rubbished the defence attorney’s argument that there was nothing criminal about distributing the said pamphlets as they did not carry any messages that can be deemed to be treasonous in nature.
Masimba said the fact that Thomas distributed pamphlets that he got from Siwela which urged members of the Zimbabwe National Army (ZNA) to defect and take up arms under a Republic of Mthwakazi state itself constituted an offence.
“Urging members of the uniformed forces to desert the army and take up arms (under the republic of Mthwakazi) is in itself advocating for a situation where forces will take up arms and lead to the removal of a legitimately elected government,” the magistrate ruled.
“Urging the public to rise up against the government itself is tantamount to urging lawlessness that could lead to the removal of a government which is treason in terms of the law.”
The magistrate said if the state was given ample time to prepare its case for trial, it could lead a case that could result in the trio being successfully convicted for treason.
“If the state brings up its full evidence prepared with time, the accused persons can be successfully convicted. It is thus the court’s considered view that the request for refusal of placement of the three accused persons on remand as requested by the defence team is hereby deemed as not successful,” Masimba ruled.
The trio’s trial is set to resume on March 25 at the High Court.
Meanwhile, several other people linked to the Bulawayo-based movement have been picked up by police for questioning.
Some of the members were picked up Thursday and more were detained on Friday after Masimba’s ruling.
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