A former Zipra Northern region Zone Commander and Zapu national secretary for security, Andrew Ndlovu has been acquitted on charges of contempt of court over a case involving a company dispute.
Ndlovu was accused of interfering with Sankorp Holdings (Pvt) Ltd operations following a default judgment that banned him from visiting the company's premises.
However, Ndlovu through his lawyer, Sheunopa Mataka of Chambati Mataka and Makonese Attorneys, filed an application for discharge at the close of the state case indicating that he was in jail when the default judgment was issued.
Following his application, Ndlovu, who is based in Bulawayo, was acquitted by Mbare magistrate Musaiona Shortgame who ruled in his favour.
“The state had not proved it was subsequently served personally on the accused,” Shortgame said in his ruling.
“The state witnesses are ignorant if the judgement was served on an accused that was in prison: no return of service was produced to provide service.
“Accused should have knowledge of the court order and the only way he was to become aware was through service, which was not proved to have been done.”
The magistrate found Ndlovu not guilty and acquitted him.
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“An accused can't be held in contempt of an order that he is not aware of,” he said.
“The state has failed to prove an essential element of the offense that the accused knowingly knew about the order, which it was his duty to comply with but he violated it.”
According to court papers, on November 5 2003, Sankorp Holding Pvt Ltd obtained a default judgment against Ndlovu under HC7902103.
In that default judgment, he was interdicted from interfering in any way with the activities and operation of Sankorp Holding Pvt Ltd.
Ndlovu was further declared with effect from July 13 2003 to be disqualified from holding the office of director or principal officer of Sankorp Holdings.
At the time, Ndlovu was serving in prison when the default judgment was granted and after release from prison he sold some stands, whose identity is unknown.
Court papers state that Ndlovu obtained a deed in his name and his family being deed number 466/6.
Indications are that in 2018 Alexander Manyawi became secretary of the company and he then caused the accused to be arrested for contempt of court.
According to the court papers, Ndlovu denied disobeying any court order, contending that there was no proper complainant before the court in the matter.
