HARARE – A neighbour has revived a lawsuit accusing former gospel musician Elias Musakwa of threatening to shoot him after asking him to reduce his radio volume.
Musakwa was due to appear before Harare magistrate Barbra Mateko on August 3, but was unable to do so having flown to Ethiopia the previous day unaware of the revived court proceedings.
His lawyer Victuals Mapepa furnished the court with proof of his client’s flight details but failed to stop the issue of a warrant of arrest against the musician and producer.
He is being charged with contravening section 186 of the Criminal Law (Codification and Reform) Act. He faces charges of threats of future violence.
Musakwa was removed from remand on December 6 last year after then presiding magistrate Arnold Maburo noted that the complainant Kennedy Mudukuti continuously called for postponements.
Maburo ruled that Mudukuti’s conduct prejudiced Musakwa and advised the State to proceed by way of summons.
“It would be an infringement of the accused’s rights to a fair hearing in a reasonable time as he is kept on remand under the circumstances. This court is not a remand court and the court will not tolerate the complainant’s excuses,” Maburo ruled then.
“It was the complainant who brought the matter to court but is not serious in prosecuting it; hence I find no reason why the accused person should not be removed from remand.”
Prosecutor Naomi Chinengundu alleged that sometime in September last year, Mudukuti filed a complaint against Musakwa at Ruwa Police Station.
He alleged that Musakwa was polluting their neighbourhood with noise as he played loud music at his house during “functions”.
The court heard that police officers from Ruwa proceeded to Musakwa’s residence and cautioned the losing Zanu PF candidate against being criminal nuisance.
This did not go down well with Musakwa who allegedly confronted the complainant later about the issue.
It was alleged that on October 19, the Wanga Murena hit-maker saw Mudukuti by his gate.
The court heard that Musakwa confronted Mudukuti and threatened to shoot him with a gun if he continued to take their matters to the police.
Musakwa reportedly warned Mudukuti that he and his family would be in “serious trouble” if they interfered with functions that he frequently holds at his residence.
The threats caused Mudukuti discomfort and he notified the police about the issue.
Musakwa was subsequently arrested.