Wadyajena opts for trial in insult case
ZANU-PF legislator for GokweNembudziya Cde Justice Mayor Wadyajena, accused of insulting some party members, has abandoned his application to the Constitutional Court, opting to stand trial.
Through his lawyer Givemore Muvhiringi, Cde Wadjajena (35) made an application to have his case referred to the ConCourt on the grounds that the insult charges had been ruled unconstitutional by the superior court.
The MP is alleged to have insulted two people; Energy and Power Development Minister Samuel Undenge’s wife, Cde Letina Munamato Undenge, and Zanu-PF member from Mashonaland West Cde Jimayi Muduvuri.
However, the youthful legislator will now stand trial on December 12 for one count only after the state yesterday dropped charges pressed by Cde Muduvuri who, in absentia, tendered a withdrawal affidavit which was presented in court.
Appearing before Victoria Falls magistrate Ms Lindiwe Maphosa yesterday, Cde Wadyajena, speaking through his lawyer, said he decided to drop the challenge to the ConCourt so the matter can go for trial and be brought to finality as it was preventing him from discharging his duties as an MP.
“As defence we have since withdrawn the ConCourt challenge and now wish to proceed to trial. We want to finalise this case because it’s been hanging on the accused thereby impeding him from discharging his national duty as he has to keep travelling to attend court,” said Mr Muvhiringi.
For the State, Mr Takunda Ndovorwi tendered a withdrawal affidavit by Cde Muduvuri.
“The State is withdrawing count one based on the withdrawal affidavit by the complainant and we are proceeding to trial in respect of the second count,” he said.
In the affidavit, Cde Muduvuri said his decision was in the best interests of the nation and unity in the party, Zanu-PF.
He said he and Cde Wadyajena are members of the same ruling party and hail from the same rural village hence the need for them to unite than to drag each other to court over petty issues. The Constitutional Court was supposed to decide whether or not Wadyajena will go on trial for criminal insult charges. The crimes were both allegedly committed last December during ZanuPF’s 15th Annual People’s Conference in Victoria Falls. Cde Wadyajena is out on $800 bail and reports to the police once on the last Monday of every month. He can also apply for the release of his passport which he can have whenever he intends to travel on Parliament business after the court relaxed initial bail conditions.
Allegations against Cde Wadyajena were that on December 11 last year, he saw Cde Muduvuri travelling to Elephant Hills Hotel along Park Way road in his Mercedes Benz ML320 which had pictures of the First Lady Cde Grace Mugabe with the words “Munhu wese kuna Amai” (Everyone should rally behind the First Lady) inscribed below the images.
Cde Wadyajena, who was standing beside his car, is alleged to have shouted: “Iwe Jimayi uri mboko . . . Unongoti munhu wese kuna Amai sei. Get away,” loosely translated, “Jimayi you’re an idiot, why do you say everyone should rally behind the First Lady? Get away.”
Prosecutors allege that on the following day while at Elephant Hills Resort reception area, he allegedly insulted Cde Undenge.
He is alleged to have said: “F**k you, you’re an idiot ndinokukiya (I will deal with you). . .”
Some words allegedly uttered by Cde Wadyajena are unprintable.— @ncubeleon
Cde Justice Mayor Wadyajena