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His lawyer Givemore Muvhiringi told the court that Wadyajena, 35, was in Lusaka Zambia, on parliament business which is why he skipped court appearance.
The legislator was supposed to attend court for a ruling on his application to have charges of insulting fellow party members referred to the Constitutional Court.
Wadyajena faces two counts — one of allegedly insulting Energy and Power Development Minister Samuel Undenge’s wife, Cde Letina Munamato Undenge, and another of allegedly insulting another Zanu-PF member Cde Jimayi Muduvuri from Mashonaland West.
The crimes were both allegedly committed in December during the party’s 15th Annual People’s Conference in Victoria Falls.
In February another warrant of arrest was issued against the lawmaker but was cancelled two weeks later when he appeared in court saying he had been ill.
Yesterday, Victoria Falls resident magistrate Lindiwe Maphosa issued a warrant of arrest against Wadyajena.
The magistrate said the defence had failed to justify that a letter from Clerk of Parliament, Kennedy Chokuda, was enough to excuse him from attending court.
“You raised interesting and valid points which show how ironic the whole issue is. But I thought you were going to provide the court with precedence and as such the court will rely on the usual procedure,” said Maphosa.
“There’s no way the court can support what you raised and will go with the State’s application and issue a warrant of arrest.”
Prosecutor Takunda Ndovorwi applied for a warrant of arrest against Wadyajena for skipping court hearing, saying that was procedural.
The defence lawyer said his client was not in wilful default.
“His failure to attend court isn’t an act of contempt of this honourable court. We’re in possession of a letter written by the Clerk of Parliament addressed to the prosecutor in charge of this station to the effect that he is currently in Lusaka, Zambia, attending a conference which started on March 16 and ends on March 23, 2016,” said Muvhiringi.
“Wadyajena is in Zambia on State assignment and strangely we’ve the same State represented by the prosecutor’s office applying to this honourable court, which is another arm of the State for his arrest. One can only conclude that by sending him to Zambia knowing very well that he was supposed to attend court, the State was setting a trap against him. I humbly submit that there’s no basis at law for the State to seek apprehension of my client.”
Allegations against Wadyajena are that on December 11 last year he saw Cde Muduvuri travelling to Elephant Hills Hotel along Park Way in his Mercedes Benz ML320 which had pictures of the First Lady Cde Grace Mugabe all over the body with words “Munhu wese kuna Amai” (Everyone should rally behind the First Lady) inscribed below the pictures.
Wadyajena who was standing beside his car was 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 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 ndinokukiriya (I can deal with you) . . .,” said prosecutor Ndovorwi.
Some of the words that the MP allegedly uttered are unprintable. Leonard Ncube.Chronicle