HARARE – Opposition politician Job Sikhala has won his appeal against conviction, with the High Court in Zimbabwe reaffirming that there is no crime called “Publishing or communicating false statements prejudicial to the State” a law that was used by the regime to persecute opponents including investigative journalist Hopewell Chin’ono and former legislator Fadzayi Mahere.
This ruling comes after the State consented to the appeal.
Sikhala spent close to 600 days detained at Chikurubi Maximum Security Prison being jointly charged with the non-existent law and incitement to commit public violence to avenge the murder of Moreblessing Ali June 2022.
The High Court had previously pronounced on the issue of communicating falsehoods in 2021, but the magistrate, Feresi Chakanyuka, disregarded the ruling and wrongfully convicted Sikhala and Mahere.
Harrison Nkomo, the lawyer who represented Sikhala, had previously won a similar case in 2021 when he represented Chin’ono, who had been charged with the same non-existent crime.
Sikhala also successfully challenged the conviction and sentence he received in January for inciting public violence.
Magistrate Tafadzwa Miti had sentenced Sikhala and his co-accused, Godfrey Sithole, to two-year prison terms, which were suspended for five years, after finding them guilty of contravening sections 187(1)(a) and 36(1)(a) of the Criminal Code.
Reacting to the latest development, Sikhala said his persecution was politically motivated to prevent him from participating in the 2023 general elections.
“For 595 days, I was thrown in solitary confinement shackled in chains like a terrorist and suffered the most horrible abuse any person can be put under by the criminal regime in Harare for allegedly inciting public violence to avenge the gruesome murder of Moreblessing Ali.
“I told all who cared to listen to me that I did not commit any crime in my professional calling to represent the Moreblessing Ali family.
“I told all of you that it was the evilness that resided in the hearts of those who ran our country , and it was political persecution to remove me from the 2023 general elections.
“Today, the High Court sat in Harare to hear my two appeals, one fake conviction of publishing falsehoods and another one of inciting public violence to avenge the death of Moreblessing Ali.
“The High Court acquitted me in the two cases. There was concurrence by the state that the first case was a wrong conviction based on the law that does not exist at all.
“In the second case of Moreblessing Ali, the state agreed that there was no evidence at all in the record, showing that I incited anyone.
“To those who have been used to persecuting me, my family, and everyone associated with me, remember there is God in heaven. Your day of judgement shall also come.
“The nonsense peddled that it then defeats our view that the judiciary is captured when it comes to political prisoners is as scandalous as its peddlers.
“Where there is no evidence that even a kraal head would convict leaves judiciary officers of dignity with no option but to uphold their dignity by throwing away fake convictions,” he said.
Sikhala is considered a fierce critic of President Emmerson Mnangagwa’s administration. Through his National Democratic Working Group (NDWG), the former legislator recently vowed to organise mass protests against Mnangagwa’s attempt to secure an unconstitutional third term in office.
The President has since indicated that he will not seek another term. But insiders say that Mnangagwa is not genuine because some Zanu-PF groups continue to chant the 2030 slogan endorsing Mnangagwa for another term.
