Chegutu West legislator Dexter Nduna has filed an urgent application seeking to stop his prosecution on allegations of unlawfully discharging a firearm in public and engaging in acts of violence.
Nduna is jointly charged with Munyaradzi Simango (30) and Takemore Maphosa (18) on public violence charges and discharging a firearm during Zanu PF primary elections in May this year.
Nduna filed the application last week at the High Court.
Nduna argues that Chegutu resident magistrate Ms Judith Taruvinga violated his rights when he denied him an opportunity to seek legal representation.
Nduna wants to stop criminal proceedings against him.
“There can be no basis, in the era of modern constitutional jurisprudence, for a court of law to deny an accused person legal representation,” he said.
“The applicants herein were denied the right to a fair trial in terms of the precincts of the constitutional provisions which my legal counsel shall amplify in heads of argument.”
Nduna said the magistrate failed to protect the rights of the suspects and the trial must be stopped.
“The second respondent for the interests of justice cannot be allowed to go ahead with the trial under the circumstances already alluded to,” he said.
“In any event, even if she was to try and proceed with the case the applicants would jump to apply that she recuses herself. The second respondent clearly failed to protect the right of unrepresented accused persons and instead did the contrary.”
Allegations are that Nduna and his supporters engaged in violence at Chinengundu Primary School, which led to the injury of one person. He allegedly fired five rounds of ammunition from a .9mm pistol.
The skirmishes were reportedly triggered by a misunderstanding between Nduna and his rival in the Chegutu West constituency primary elections.