THE High Court has exonerated former Zengeza West legislator Hon. Job Sikhala and quashed malicious charges of publishing falsehoods prejudicial to the state and inciting public violence, which were preferred against him in cases, where he was arrested and wallowed in prison for several months.
Hon. Sikhala was arrested by Zimbabwe Republic Police (ZRP) officers in January 2021 for allegedly communicating falsehoods on social media, when he reportedly posted a message stating that an infant had died on the spot in Harare after a ZRP officer had struck the baby with a truncheon.
He stood trial on a charge of publishing or communicating false statements prejudicial to the state as defined in section 31(a)(iii) of the Criminal Law (Codification and Reform) Act and was convicted by Harare Magistrate Feresi Chakanyuka in February 2024 and fined US$500 and also handed a 9-month wholly suspended prison term.
In convicting and sentencing Hon. Sikhala, Magistrate Chakanyuka ruled that it was crucial to deal sternly with people who publish falsehoods prejudicial to the state.
Hon. Sikhala was also arrested together with Chitungwiza North constituency legislator Hon. Godfrey Sithole on 14 June 2022 by ZRP officers, who charged them with incitement to commit public violence as defined in section 187(1)(a) as read with section 36(1)(a) of the Criminal Law (Codification and Reform) Act.
During trial, prosecutors alleged that Hon. Sikhala recorded and circulated a video urging people to commit acts of public violence in seeking revenge for the death of Moreblessing Ali, an opposition Citizens Coalition for Change (CCC) political party supporter, who was murdered in Nyatsime area in Beatrice.
Hon. Sikhala and Hon. Sithole, prosecutors charged, supplied some vehicles which allegedly ferried some opposition CCC political party supporters from Chitungwiza and Epworth to Nyatsime, where they allegedly attacked some ruling ZANU PF party supporters and reportedly destroyed property at shops and beer halls and looted groceries and electrical gadgets including burning a one-roomed house belonging to George Murambatsvina, the ZANU PF party Councillor for Nyatsime.
Hon. Sikhala and Hon. Sithole were convicted on 24 January 2024 by Harare Magistrate Tafadzwa Miti after standing trial at Harare Magistrates Court and sentenced to serve two years in jail, which were wholly suspended for five years considering that the duo does not re-offend in that given period.
But on Monday 22 July 2024, High Court Judges Justice Pisirayi Kwenda and Justice Benjamin Chikowero exonerated Hon. Sikhala of committing the two offences after allowing two appeals filed by the former legislator’s lawyers Harrison Nkomo and Jeremiah Bamu of Zimbabwe Lawyers for Human Rights and Advocate Mutero, who had challenged his conviction and sentence and had argued that Magistrate Miti and Magistrate Chakanyuka misdirected themselves, when they convicted and handed down non-custodial sentences and asked the High Court to set aside the lower courts’ decision.
Consequently, Justice Kwenda and Justice Chikowero quashed Hon. Sikhala’s conviction and acquitted him.
ENDS
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