Zimbabwe Lawyers for Human Rights (ZLHR) have successfully overturned one of the convictions and sentences of incarcerated former legislator Job Sikhala, who has been in prison for over a year.
However, Sikhala remains in jail for other charges.
Sikhala was arrested on charges of incitement to commit violence and disorderly conduct stemming from his attendance at the funeral of Moreblessing Ali, a Citizens Coalition for Change (CCC) activist who had been missing for three weeks before her mutilated body was discovered on June 11, last year.
He was arrested on June 14, 2022, and has been held at Chikurubi Maximum-security prison in Harare.
On May 3, 2023, Sikhala was found guilty of obstructing justice and sentenced to a six-month suspended sentence with the option of paying US$ 600 or spending six months in jail; his trial was linked to a video posted on the internet in which he is accused of saying that the ruling Zanu PF party had killed Ali
ZLHR lawyers Jeremiah Bamu, Harrison Nkomo and Advocate Reginald Mutero “managed to overturn the conviction and sentence of Hon. Job Sikhala, who had been convicted for obstruction and defeating the course of justice” at the High Court on Tuesday.
“Join us in thanking our dedicated and tireless lawyers Jeremiah Bamu, Harrison Nkomo and Advocate Mutero. We are ZLHR!” said the organisation in a statement.
Speaking to journalists after the appeal Nkomo said the Magistrates Court was wrong by in convicting Sikhala and he is an innocent man regarding that particular charge of obstructing justice.
“High Court Justices Pisirayi Kwenda and Benjamin Chikowero have upheld Sikhala’s appeal meaning the judgement of the magistrate convicting Sikhala has been set aside. Sikhala was not found guilty in charge of inciting public violence in the charge of obstruction of justice where it is alleged he misled police who were following the murder of Moreblessing Ali,” Nkomo said.
“The High Court has said Sikhala did not obstruct any course of justice. The Magistrates Court was wrong by convicting him. Sikhala is an innocent man regarding that particular charge.”
Nkomo explained that this case which was quashed happened in Chitungwiza where the state alleged Sikhala had addressed mourners at Ali’s home and indicated that she was murdered by Zanu PF supporters.
“The allegations by the State are that due to the utterances Sikhala made the police stopped pursuing the perpetrator and followed the roots of Zanu PF supporters as alleged by Sikhala,” he said.
Nkomo added it was however important to understand that Sikhala has other cases against him and remains in custody.
“On this particular charge, Sikhala was out on bail and remains in custody on account of another matter coming on the Magistrates Court on December 11 and 13, 2023, which is a charge related to Ali but this time it is obstructing the course of justice. There are so many of them,” he said, noting that the ZLHR had argued that Sikhala’s charge was defective and did not support facts on the ground.
