Dangarembga and Barnes were on 29 September 2022 convicted by Harare
Magistrate Barbra Mateko and sentenced to pay ZWL70 000 each or three
months imprisonment in default of the fine and in addition three
months imprisonment wholly suspended for five years on condition that
each of them does not commit any offence involving participating in a
public gathering with intention to promote public violence, breach of
peace or bigotry.
The duo, represented by Chris Mhike of Zimbabwe Lawyers for Human
Rights, had been on trial after they were arrested on 31 July 2020 and
charged with participating in a public gathering with intention to
promote public violence, breach of peace or bigotry as defined in
Section 37(1)(b) of the Criminal Law (Codification and Reform) Act.
During trial, prosecutors alleged that they participated in a
demonstration in Borrowdale suburb in Harare while holding some
placards inscribed “Free Hopewell, free Jacob #Zimbabwe”, “We want
better reform our institution” and “Free our journalists”.
On Thursday 13 October 2022, Mhike filed a notice and an appeal
against both conviction and sentence of Dangarembga and Barnes at the
High Court arguing that Magistrate Mateko fundamentally misdirected
herself in finding the duo guilty in the absence of evidence linking
them to participating in a public gathering with intention to promote
public violence, breach of peace or bigotry.
Mhike argued that Magistrate Mateko grossly misdirected herself in
abandoning the analysis on whether or not the words written on some
placards which they were accused of holding during the 31 July 2020
anti-government protest, were obscene, threatening, abusive or
The human rights lawyer also argued that placing Barnes and
Dangarembga on their defence after dismissing their application for
discharge at the close of the prosecution case amounted to a gross
misdirection on the part of Magistrate Mateko because all three state
witnesses had exonerated them of committing an offence as they had
confirmed that the accused persons’ messages were not obscene,
threatening, abusive or insulting.
Mhike accused Magistrate Mateko of exhibiting bias against the award
winning novelist and pro-democracy campaigner by relying on some
baseless speculation and conjecture regarding potential breach of
peace through social media.
He also contended that the sentence imposed against Dangarembga and
Barnes was disproportionate and induced a sense of shock.
He wants the High Court to allow Dangarembga and Barnes’s appeal and
set aside the conviction and sentence of the two and pass a not guilty
Alternatively, Mhike said Dangarembga and Barnes should be cautioned