Job Sikhala
Hon. Sikhala petitioned the High Court on Friday 4 September 2020
appealing against the decision of Harare Magistrate Lazini Ncube, who
denied him bail on Thursday 3 September 2020 on the basis that he was
not a good candidate to be set free before commencement of his trial
as he allegedly went into hiding for sometime before he was arrested.
In his bail appeal filed by Jeremiah Bamu of Zimbabwe Lawyers for
Human Rights, Hon. Sikhala argued that Magistrate Ncube seriously
erred and misdirected himself when he denied him bail and his ruling
should be set aside.
The opposition legislator has asked the High Court to release him on
bail on conditions which include depositing RTGS$15 000 bail and being
ordered to continue residing at his given residential address.
Hon. Sikhala’s bail appeal will be heard on Friday 11 September 2020
after the High Court ordered the record of proceedings in which
Magistrate Ncube denied him bail to be availed in court so as to
assess the lower court’s reasoning and make a determination on the
legislator’s fresh freedom bid.
Hon. Sikhala was arrested by Zimbabwe Republic Police (ZRP) members in
Harare, who charged him with incitement to commit public violence as
defined in section 187(1)(a) of the Criminal Law (Codification and
Reform) Act as read with section 36(1)(a) of the Criminal Law
(Codification and Reform) Act.
ZRP officers also pressed an alternative charge against Hon. Sikhala
of incitement to commit public violence as defined in section
187(1)(b) of the Criminal Law (Codification and Reform) Act as read
with section 36(1)(b) of the Criminal Law (Codification and Reform)
Act 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 the Criminal Law (Codification and
Reform) Act as read with section 37(1)(a) of the Criminal Law
(Codification and Reform) Act.
Prosecutors alleged that the Zengeza West constituency legislator
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.
Prosecutors said some of the inciting messages allegedly shared by
Hon. Sikhala reads; “People of Zimbabwe l am here with my brother
Jacob Ngarivhume, he is representing the citizens of Zimbabwe in the
current situation in our country. I would like to tell everybody from
Zimbabwe to Limpopo, from Forbes boarder to Victoria Falls that on the
31st of July 2020 it is your day to speak out. We have all agreed that
we cannot accept corruption in our country. We are in total support of
the actions that have been called on the 31st of July 2020. I am in
arms with my brother here and we are going to make sure that on the
31st of July 2020 people of Zimbabwe will speak out”.
Hon. Sikhala is also alleged to have circulated a video clip in which
he showed gratitude to some people for bringing him food and urging
people both in Zimbabwe and outside the country to participate in the
demonstration which was scheduled for 31 July 2020, which ZRP members
suppressed and arrested several people who staged protests across the
country on the day.