A Harare resident, Itai Makombe (51) who was recently arrested while staging a solo demonstration in Harare, pleaded guilty to disorderly conduct and unlawful possession of a firearm charges.
He appeared before Harare Magistrate Simon Kandiyero, on Wednesday and was remanded in custody awaiting a medical exam.
The Magistrate said he should be mentally examined.
On 5 June at the intersection of Josiah Magama Tongogara and Sam Munjoma, Makombe allegedly parked his car at the intersection and sat on the canopy and started playing a drum shouting “Nehanda amuka, ropa ririkudeuka, rinogara richideuka.” This translates to Nehanda has arisen, blood is being spilled, it’s always being spilled.
He allegedly also later showed the police a firearm which was in his possession.
The 51yr old Makombe pleaded guilty to both counts and prayed the Court to treat him with leniency as he claimed he had acted out of frustration, as he was going through a divorce from his wife.
His lawyer, Gift Mtisi pleaded for leniency in mitigation.
“The accused person, as confirmed by the State, is a first offender and is 51 years old.
“He has business interests in the country and has invested a lot of money in mining. He is a shareholder of Maisha Mine, Reistead. He has quite a number of employees who are doing artisanal mining who survive solely on him.
“He realises US$2000 per month. He is still in the first phase of investing in these mines,” said Mtisi.
The Lawyer also emphasized that the accused person had been cooperating with the authorities and was very remorseful for what he had done.
“As regards to the second offense, the police were not even aware of the gun but he deliberately showed the police that he had a gun under a genuine belief that he thought it was licensed.
“He has been keeping this firearm with a license for the past two years. Unfortunately the license expired and he failed to know that it had expired hence he continued to keep it responsibly,” -said Mtisi.
The Harare lawyer also added that as someone dealing with gold and money he needed protection whenever he moved around.
“The history of the gun, it has never been used thus it shows that there was no criminal intent.
“The accused person had gone through a divorce hence his undergoing some motions of denial and regret to what had transpired…he is pleading for the court’s leniency and mercy.
“He has learnt the hard way that social problems should be managed in a better way than what he did. The family is here in support, so if the court allows him to pay a fine, he will get guidance and counselling from the family so that he does not get into criminality,’ pleaded the lawyer.
Makombe is a father of two.
In his judgement the magistrate said Makombe’s utterances do not directly reflect with his life or struggle.
“It is only prudent for the court to proceed when it is satisfied that the accused person is mentally sound. Therefore the court will proceed under section 28 of the Mental Health Act,’ said the magistrate.
He ordered that he be examined by two state doctors before a ruling can be made.
Makombe will be back in court on June 21 for ruling.
Source: New Zimbabwe
