The state says it is not ready to proceed to trial in a case in which a Mthwakazi Republic Party (MRP) activist, Wisdom Mkhwananzi, accused President Emmerson Mnangagwa of murdering his parents during the Gukurahundi atrocities.
Mkhwananzi made the claim while testifying at the August commission of inquiry hearing into the post-election violence that left six people dead in Harare on August 1.
Bulawayo Magistrate, Rachel Mukanga said the docket was missing and the state does not have enough evidence and the state will proceed by way of summons.
Mkhwananzi faces charges of undermining the authority of the President as defined in section 33(1)(a) of the Criminal Law (Codification and Reform) Act Chapter 9:23, assault and lying under oath.
He is also accused of unlawfully and intentionally supplying a false name to the inquiry commission identifying himself as Siphamandla Mafu, which is different from the name on his national identification document.
In a brief interview with CITE, Mkwananzi said he is happy with the court ruling.
“The state does not have a case against me so they knew they have to set me free. I am happy,” said Mkhwananzi.
Also appearing before the same magistrate was Marshal Sibanda, Welcome Moyo and Venat Ncube facing charges of public violence as defined in section 36 of the Criminal Law (Codification and Reform) Act.
“On October 26 at Rainbow Hotel, the accused acting in consent, unlawfully and forcibly disturbed peace, security or order of the public to a serious extent assaulting Derrick Nkomo with fists and throwing chairs at him,” reads part of the state outline.
They were remanded out of custody to 5 December 2018.
The Motlanthe Commission is currently in Harare were members of the army and police are giving their testimony on the August 1 events.