Zim Economic Freedom Fighters leader discharged

A UNITED KINGDOM-BASED leader of a new opposition party, the Zimbabwe Economic Freedom Fighters (ZEFF), Innocent Ndibali, accused of violating immigration laws after addressing journalists at the Bulawayo Media Centre recently, has been acquitted.

Ndibali (38) was arrested on August 18 soon after the address.

Ndibali, who is the interim president of ZEFF and a holder of a British passport, appeared before Bulawayo magistrate Ms Sithembiso Ndlovu yesterday facing charges of failing to comply with his visa conditions in contravention of Section 36 (1) of the Immigration Act.

Ms Ndlovu ruled that the State failed to prove a prima facie case against Ndibali and discharged him at the close of the State case.

“From the evidence in court, it is clear that the accused person was attending a social gathering hence the allegations by the State that it was a Press conference automatically fall away.

“The State failed to prove a prima facie case against the accused. Accordingly, accused is discharged at the close of the State case and acquitted,” ruled the magistrate.

She said there was no clarification from the investigating officer and the immigration officer on what Ndibali’s holiday visa conditions entailed.

“I do not see any condition which was attached to his holiday visa,” said Ms Ndlovu.

The magistrate said the testimony of the chairperson of the Bulawayo Media Centre Mr Pamenus Tuso was credible. He told the court that Ndibali was invited by journalists for a social interactive meeting.

Through his lawyer, Mr Jabulani Mhlanga of the Zimbabwe Lawyers for Human Rights, Ndibali had applied for discharge, arguing that the State failed to prove a prima facie case against him. He argued that there was no evidence to sustain the charge levelled against him.

“The evidence does not sustain the charge. The State outline does not establish facts linking the accused person to the alleged offence. The State witnesses failed to pin point the exact part of the visa, which states that my client has violated conditions of his holiday visa,” said Mr Mhlanga.

The lawyer said the arrest of his client was a violation of his Constitutional right as a Zimbabwean citizen.

Mr Mhlanga said although his client held a British passport, he remained a Zimbabwean who has a right in terms of the Constitution to address a Press Conference.

“He was merely invited to make his remarks,” he said.

Prosecuting, Mr Alfonce Makonese said on August 11 this year, Ndibali entered the country through the Joshua Mqabuko Nkomo International Airport in Bulawayo. The court heard that on arrival at the airport, the accused person tendered his passport to immigration officers and he was issued with a 14-day holiday visa.

On August 18 at around 7PM, Ndibali held a Press conference at a city hotel to market his party’s manifesto ahead of next year’s harmonised elections. The event was attended by 35 journalists. “The accused person, by doing so, failed to comply with the conditions under which he was granted a visa to enter the country,” said Mr Makonese.

He said Ndibali was supposed to solely be on holiday and not conduct any other business in the country.

Acting on a tip-off, police arrested Ndibali and confiscated his passport.

The State had opposed Ndibali’s application, arguing that there was a reasonable suspicion that he committed the alleged offence—@ mashnets