Magistrate Dismisses Sikhala And Sithole's Application Which Challenged Remand
A Harare magistrate Stanford Mambanje Friday dismissed an application by two opposition legislators, Job Sikhala (Zengeza West) and Godfrey Karakadzai Sithole (Chitungwiza North) who were challenging placement on remand.
The duo was arrested in June for inciting public violence which erupted in Nyatsime during the funeral wake of slain Citizens Coalition for Change (CCC) activist, Moreblessing Ali.
In his ruling, Magistrate Mambanje said words like “revenge” and “avenge” which the duo allegedly said might be taken to have an inciting effect. Ruled the magistrate:
The fact that the two accused consented to their initial placement on remand somehow showed that they agreed that there was a reasonable suspension.
After the ruling, the two’s lawyer Jeremiah Bamu submitted a new application for bail under changed circumstances.
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In the application seen by NewZimbabwe.com, Bamu argued that the fact that the State has not yet produced the alleged video in which Sikhala allegedly incited violence means that prosecutors have no basis to charge the accused persons. Said Bamu:
At the initial hearing, the applicants requested for copies of the video clip alleged for the purposes of challenging their placement on remand.
The State, led by Mr. Reza, indicated that this was a process that required time to accomplish and would be done in due course.
To date, despite the lapse of more than forty-five days, the State has since failed to furnish copies of the video.
Prosecutors said that they will file their written response on August 12, 2022, and oral submissions will be made on August 15.
