Date: 1999/06/30
Our intrepid reporters are still holed up in the Johannesburg High Court,
waiting for further developments in the celebrated case of The Swede vs The
Turnip (for those who haven't been following it, it has been unfolding
in za.politics)
However, the case that came up yesterday, before Mr Justice Nothnagel
(presiding), Mr Justice Dithering (assessing) and Mr Justice Sinkhole
(subsiding) would be of interest to soc.culture.zimbabwe, because it
concerns the celebrated Gladys Dongo.
Ms Anastasia Pagati QC (prosecuting) told the court that she would show that
the defendant, one Cadillac Chimbudzi, was proceeding along the Filabusi
Road on the evening of 30 February last, when he encountered Ms Dongo, and
proceeded to have carnal intercourse with her. As Mr Chimbudzi had then
departed the scene without placing the customary 50 Zimdollar bill between
the plaintiff's breasts, this was a clear case of rape.
Mr Papegaai Campari, for Chimbudzi, responded that his client would deny the
charge, and would instead be making a counterclaim against Ms Dongo for
damages, both to his person and his dignity. And also to his bicycle.
"Pray, proceed," ordered the Judge. "This I just gotta hear."
Proceedings were delayed for argument at the side bar, while the parties
debated as to whether Ms Dongo should appear in camera, or in flagranto
delecto. Ms Dongo was keen to appear in both, while the spectator's gallery
applauded loudly in favour of the latter option.
It was finally ruled that Ms Dongo would wear a Lone Ranger Mask by order of
the Court, and for the rest she could please herself.
After a particularly graphic description of the incident by Ms Dongo, Mr
Chimbudzi was invited to take the stand in his own defence.
"Yo Wesship," he said. "I was proceeding along the Filabusi Road on my
bicycle. It was very dark. Without my seeing anything, I fell into a very
large donga, suffering considerable personal injury, and also damaging my
bicycle."
"Objection!" cried Ms Dongo's advocate. "If the defendant does not know the
difference between a donga and a Dongo, he should not be riding a bicycle."
His Lordship concurred. Chimbudzi was found guilty of rape, reckless and
negligent driving, and having sex while under the influence.
Passing sentence, Justice Nothnagel told the court that this was a most
serious offence, and called for a penalty that would serve as an example to
society, and a deterrent to other criminals.
Chimbudzi was sentenced to a fine of ten dollars (Zim) and ordered to do 72
hours community service.
The community is appealing. To some, if not to others.
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