Zanu PF youth ‘revenge case’ against white farmer falls apart

By Lionel Saungweme

Dudley Herbert Rogers (68), a farmer from West Nicholson in Matabeleland South, has been acquitted by the Esigodini Magistrates Court on charges of tearing up a Team Zanu PF “campaign poster for 2013.”

The case was heard in Esigodini after Rogers objected to being tried at the Gwanda Magistrates Court. Accused feared risk of partiality arising from alleged “malicious prosecution.”  

To grab Rogers’ West Nicholson Beerhall, which is situated in an urban area, two Zanu PF youths, Paul Gwanangara and Mpumelelo Nyoni barricaded the liquor outlet with a padlock on 16 August 2017.

Rogers’ immediately reported the matter to the police.

On 19 August 2017, Gwanangara and Nyoni paid fines of US$20 each at the courts for unlawfully locking “the beerhall door intending to provoke a breach of peace….”

The magistrate stated that the duo should have realised “that there is a … risk or possibility that a breach of the peace may be provoked.”

In what seems like revenge through malicious prosecution, Gwanangara approached the police. He accused Rogers of insulting then President Mugabe saying, “… the old madala, … must move with his old Government.” The “insult” was allegedly uttered at Pangolin Restaurant situated inside West Nicholson Community Hall.

The allegation of “insult” levelled against Rogers was unsuccessful.

After that Gwanangara raised another allegation. He accused Rogers of tearing up an old sun-baked “Team Zanu PF 2013” campaign poster, which was glued to the door of a building on Rogers’ property.

Police immediately charged Rogers with “Malicious Damage to Property” as defined in Section 140 of the Criminal Law Codification and Reform Act Chapter 9:23.

In addition, Gwanangara wrote letters to enlist the support of “the Ministry of Youth, Zanu PF Mat South and the President’s Office” also known as the Central Intelligence Organisation. 

His case hinged on an unproven claim that he is the owner of Rogers’ property. He did not produce any title deeds to prove his claim.  

Gwanangara got the court rolling with laughter when he was asked to produce proof of authority to sue on behalf of Zanu PF. He produced a Zanu PF card and declared “I am the authority.” 

At the Application for Discharge at the Close of State Case in terms Section 198 (3) of the Criminal Procedure and Evidence Act (9:07), accused lawyer Jonathan Tsvangirai of Dube-Tachiona and Tsvangirai Legal Practitioners argued that Gwanangara and Nyoni “… are fighting the accused as indicated by their demeanour in court and … have an axe to grind with him.”

Tsvangirai also stated that “in the myriad of these contradictions and inconsistencies and lies by the witnesses, the State closed its case, it was too late and the horses had already bolted.”

Prosecutor Blessing Khupe did not oppose the application thereby prompting Magistrate Tawanda Muchemwa to concur with Tsvangirai’s submission.

The court noted that “the State has not managed to canvass all the essential elements of the charge levelled against the accused person.”

“From the evidence that is before the court … there is bad blood between the complainant and the accused,” said the Magistrate.

The court ruled that “accused be and is hereby found not guilty and is discharged at the close of the case of the State.” Nehanda Radio