TWO Hwedza residents, who were facing charge of disorderly conduct after allegedly confronting a Forever Associates of Zimbabwe (Faz) member and disapproving of his illegal and murky operations during last year’s general elections, have been acquitted.
Charles Kadungure (48) and Marlon Kandenga (32) had been on trial at the Murambinda Magistrates Court, after they were arrested on August 23, 2023 by the police, who charged them with disorderly conduct in a public place as defined in section 41 of Criminal Code.
The duo was being represented by Brian Majamanda of the Zimbabwe Lawyers for Human Rights (ZLHR).
During trial at Murambinda Magistrates Court, which commenced on August 14, 2024, prosecutor Chirairo Kudakwashe alleged that on August 23, 2023 Kadungure and Kandenga snatched a Zanu PF branded cloth and a cell register from Manatsa Zinyuku (58), who is employed as a teacher and is a member of Faz, at a polling station located at Marumbi Primary School in Hwedza in Mashonaland East province and went away with it, intending to provoke a breach of peace,” the lawyers said in a statement.
The ZLHR said during trial, three State witnesses, namely, Zinyuku, Masimba Guvheya and James Samson Karasi, who are all Zanu PF and Faz members, testified against Kadungure and Kandenga.
“The duo, which was represented by Brian Majamanda of ZLHR, denied the allegations and in its defence, argued that there was bad blood between it and Zinyuku due to political differences hence the accusations against them were actuated by malice and were projected so as to fix them,” the lawyers said.
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According to ZLHR, Majamanda also told magistrate Tatenda Makwanya, who presided over Kadungure and Kandenga’s trial, that Zinyuku’s actions at a polling station were illegal in that they violated the Electoral Act, which outlaws the conduct of the Faz member on voting day.
Zinyuku admitted before magistrate Makwanya that he had convened a gathering on the day of voting within the vicinity of a polling station, where he, together with other Faz members, were requesting voters to pass through a checkpoint before and after casting their ballots.
“On August 23, 2024, Makwanya found Kadungure and Kandenga not guilty and acquitted them at the close of the prosecution case after Majamanda had applied for their discharge.”