BULAWAYO – THE trial of Ntabazinduna chief Nhlanhla Ndiweni and 23 villagers for malicious damage to property has been postponed to July 23 as the state wants to prove that one of the accused is now deceased.
Bulawayo Magistrate Gladmore Mushove on Monday granted the postponement after prosecutors requested more time to gather evidence proving that Marko Nkomazana was indeed late, and not in wilful default of his bail conditions.
This was after the defence represented by Dumisani Dube of Mathonsi Ncube Law Chambers notified the court that Nkomazana had died, although the defence insisted his absence should not affect the proceedings.
The defence did not have the death certificate, and the state asked for a postponement so it could satisfy itself that indeed Nkomazana was late.
Proceedings were also halted for almost an hour as the prosecution had to seek a Xhosa interpreter to translate with all the accused citing Xhosa as the language they wanted to use for the proceedings.
Chief Ndiweni and the 23 villagers are accused of destroying a local villager, Fetti Mbele’s homestead.
It is alleged Chief Ndiweni and the 23 villagers pulled down a fence at Mbele’s homestead and destroyed his kraal after the Mbele family failed to comply with the Chief’s order to leave the village.
Chief Ndiweni had temporarily banished Mbele’s wife, Nonkangelo Mpengesi, from the village after she was caught having sex with another man.
The chief had ruled that Mpengesi should go back to her home to receive guidance from her family but that order was defied as she stayed put.
Villagers then moved to allegedly destroy Mbele’s property afterwards.
