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Job Sikhala acquitted: court finds no incitement in calls for anti-govt protest

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HARARE – Magistrate Vongai Guwuriro has exonerated former opposition MP Job Sikhala from the incitement charges he has been facing for the past four years.

Sikhala, a pro-democracy activist, had been on trial for allegedly inciting people to commit public violence through participating in the July 2020 anti-govt protest, which was aimed at resisting President Emmerson Mnangagwa’s alleged maladministration and corruption.

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He had been charged with incitement to commit public violence as defined in section 187(1)(a) as read with section 36(1)(a) of Criminal Code.

He also faced an alternative charge of incitement to commit public violence as defined in section 187(1)(b) of Criminal Code as read with section 36(1)(b) of Criminal Code or alternatively incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry as defined in section 187(1)(a) of Criminal Code as read with section 37(1)(a) of Criminal Code.

During trial, prosecutors alleged that the former Zengeza West MP incited people between May 2020 and 20 July 2020 to participate in public demonstrations that would cause public violence and breach of peace among people in Zimbabwe on 31 July 2020 by posting video clips with inciting messages.

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Addressing journalists outside court in Harare on Tuesday, Sikhala’s lawyer Harrison Nkomo said the Magistrate reached the verdict after the State failed to prove that Sikhala had committed the crime.

“Today, the Magistrate Madam Guwuriro acquitted Job Sikhala mainly on the basis that the alleged utterances did not meet the standards of the law.

“The evidence that was brought by the state did not establish originality and authenticity as required by the law. It was just a video. Whether it was uploaded by him, the court found that the State’s evidence did not meet the required standards,” Nkomo said.

Last month, Sikhala was fined US$500 for allegedly communicating falsehoods on X by Harare Regional Magistrate Feresi Chakanyuka who also gave him a nine-month wholly suspended sentence on the condition he does not commit a similar offence in the next five years.

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