The student activist together with sixteen others were arrested in November 2006.For the past three years the case has been on remand. The delay in finalizing the case forced the other sixteen student activists to abscond court thereby prompting the court to issue warrants of arrests during the period 2006 to 2009.
Ndaba Ngwenya is facing charges of bigotry and breach of peace after he was part of a group of Great Zimbabwe University students who were arrested in November 2006 while demonstrating at the office of the governor of Masvingo province. The state was ordered to proceed by way of summons if they feel the student has a case to answer.