Mohadi land row takes new twist

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By GETRUDE GUMEDE

Published: October 26, 2009

ZIMBABWE – BEITBRIDGE – THE court case involving the Co-Minister of Home Affairs, Kembo Mohadi and his wife Tambudzani, for allegedly assaulting and verbally abusing two women over a piece of land has taken a new twist with the Minister now accusing local resident magistrate of conspiring with the complaints.

The latest development follows the discovery of an e-mail purportedly written by Beitbridge magistrate Jabulani Mzinyathi to a one Nqobani Sithole, a local police officer who was attached to the prosecutions department.

According to the contents of the e-mail sent on 14 October at 8.17am, Mzinyathi is alleged to have assisted the complainants in crafting statements contained in the affidavit form seeking a peace order against the Mohadis.

Part of the contents of the e-mail allegedly written by Mzinyathi read: “….the principle is very clear…. just hurt him (Mohadi) where it hurt most…. tell them there is (a) peace order against him (Mohadi) because his wife assaulted people on the so-called farm they grabbed…. you know he phoned the AG and facilitated the bail for those security guards who were accused of attempted murder thereby abusing his position. If you want more information about the issue you can contact Given (complainants’ relative) and tell him you were referred by me, he will cooperate because I helped him with the peace order and don’t tell anyone about this issue… it is highly sensitive information.”

Mzinyathi however, distanced himself from the e-mail in question, saying it was a ploy to tarnish his image by his “enemies.”

“I am not the one who wrote that e-mail and in any case the e-mail address used is not even mine. Someone authored it so that they can be able to tarnish my image and I am even prepared to stand in the dock and defend myself before the court of law,” he said.

The recipient of the email, Sithole, however maintains that the e-mail was authentic, adding that he leaked the e-mail to Minister Mohadi because “Mzinyathi was behind his lateral transfer to Murehwa.”

Sithole claims he was forcibly transferred to Murehwa at the instigation of Mzinyathi for some reasons he refused to disclose.

During his appearance before Beitbridge magistrate, Tawengwa Sangster, Mohadi made an application for the case to be either handled by a different magistrate from outside Beitbridge or be referred to another court.

This follows the discovery of the “mysterious” e-mail, which the Mohadis claim was testimony enough that there was an act of conspiracy against them.

Sithole is now contesting the transfer through a lawyer.

In their affidavit, one of the complainants, Soforia Ndou who is seeking a peace order against the Mohadis said: “I am being forced out of my land by Senator Mohadi to pave way for her nephew, Danisa. Senator Mohadi and her husband, the Co-Minister of Home Affairs, Kembo Mohadi strongly advised me not to cultivate my field this season.”

Ndou, who is a widow, claims the plot was allocated to her husband in 2002 during the land reform programme.

The other complainant, Judith Mugombwi in her founding affidavit said: “The Mohadis came to my plot when I was cooking dinner and Tambudzani hit me with a cooking stick breaking it into pieces.

“She further threw away the pot from the fire and poured mealie-meal over my head before driving away,” she said.

In his opposing affidavit Mohadi is denying the allegations.

“I know nothing about the alleged assault or breach of the applicants’ peace. On the day in question, I noticed some white South Africans who were poaching fish in Zhovhe Dam, which I share with the surrounding plot holders and I then told them to leave of which they left reluctantly.

“On my way back home, the two complainants came to my car and greeted me and my wife and that is when I advised them not to allow fish poachers to fish from our dam before they (complainants) left for their homesteads in the company of my wife while I remained behind,” read the affidavit.

Mohadi said when his wife came back he was not advised that there had been any breach of the peace order or commotion.

He is also accusing the two women of having ulterior motives, which eventually saw them drag him to court.

“Firstly one of the plots (Plot 1) has been re-allocated to another person by the lands committee. I was not part and parcel of that process and I believe the complainants are of the view that I influenced the re-allocation (of the plot) to their detriment. It is prudent that they approach the lands committee rather than seek peace a order against me.”

Mohadi also alleged that the complainants had relatives serving a jail term for poaching and were therefore trying to “fix” him thinking he had a hand behind their incarceration.

“One of the complainants is actually lying that she is a plot holder when in actual fact the plot was allocated to one Given. I am a law-abiding citizen of this country and the Co-Minister responsible for the police and would not under any circumstances fight with fellow citizens.

“I am familiar with the roles of the courts and police and if I had any misunderstandings with the complainants I would have taken appropriate legal action and it is my believe that the complainants are intending to tarnish my image and therefore pray that this claim be dismissed with costs at a higher scale,” said Mohadi.-The Zimbabwe Telegraph