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Magistrate Dismisses Sikhala And Sithole's Application Which Challenged Remand

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.

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.

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24 Comments

CCC 1 week ago

Political persecution will not take us anywhere


Mai veboys 1 week ago

Ummm zvakungodawo denga ripindire rega


Look Out 1 week ago

Ndokuto pindira kwedenga.Vane musakahwa mujeri

Machiavelli 1 week ago

To @Mai veboys,  I say it requires all of us as Zimbabweans to help God in 2023. I am sure you understand what I mean.

To @Interested onlooker,  I agree ZRP needs to be arrested and taken to Court. Remember Beatrice Mutetwa wrote to all and sundry about the Bishop/ZANU activist and lo and behold ZRP said they were investigating. Over a month has elapsed and we have had deafening silence from ZRP about their investigation,  no feedback,  no press release over the state of investigation. No have we heard from all these other institutions copied. Only ZANU,  which wasn't cited by the way   did respond   by dis-owning the culprit.

The Prosecutor General should be held to account,  arrested or prosecuted for failing to execute his function. As for ZEC,  I have since resigned from expecting anything from them that remotely resembles non-partisanship.

INTERESTED ONLOOKER 1 week ago

The judiciary is not independant its captured. They are people out there who have uttered the words "kill" and "pasi na..." and there are still moving freely. ZRP is doing nothing because they ate too "ZANU" to be arrested. Hapana kwatiri kuenda.

Mvurwi 1 week ago

Jjyyyyy


Machiavelli 1 week ago

Again, damning evidence of a captured judiciary. 45 days gone and the prosecution has failed to avail the defence with the 'smoking gun' evidence- the purported video on which the entire case rests. And to crown it all the (I.D.I.O.T.I.C.) Magistrate places undue weight of purported words 'revenge' and 'avenge' without an iota of evidence that the words were indeed uttered, and let alone uttered by Sikhala and Sithole.

Once this country gains independence, the entire judiciary should be cleaned out. Retiring them at taxpayers expense is not enough. They need to be fired.


VYBZ KARTEL 1 week ago

Fired in what way i.e dismissed or making them disappear?

Castro 1 week ago

Fired at🔫

American Lawyer 1 week ago

We tried but we failed.
We are consulting Prof Madhuku.We understand he is good at these type of cases.


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pk 1 week ago

thats the suitable place for serial offenders. 2023 anenge achiriko.


Zuze 1 week ago

@pk, hausiwe here dangwe raMai Keisha vekuDangamvura vakabholonchwa paguva reHùre marimwezuro?

Yaaa mhani ndaona nekushaya hunhu kuti uri mwana weHùrè

me 1 week ago

as president chamisa continues to be quiet and doing nothing, zvimwe zvinhu ndezvekutarisa unofira mahara,


pk 1 week ago

jeri rinogara vene varo. itorizve college yema political thugs. vanozobvako vati twasa


pk 1 week ago

thats why Chamisa akanyarara. he doesn't want to associate with political thugs. gone are the days when violence used to give mileage to politicians


jz 1 week ago

It's politics,,,,,,,if you are brave to eat a dog,,,,,eat the male one,,,,,,we don't want foolishies like these men in prison they deserve that,,,,,,,they will be inside prison until ,and after elections they are criminals,,,political infuencers,,,,,,


H Mahla 1 week ago

One of our Zim apostles usually say People are people meaning munhu munhu .During Ian Smith rule the same used to happen opposition was totured and killed for what they believed and many left this country to other countries but I learnt one or two lessons from hapana chisingaperi after the semi Independence they that were jailed became our heroes so the same will happen .Think of Adolf Hitler is now history not only history but European history there are so many examples which can help us to keep the fire burning.So I say to all those varikushungurudzwa don't lose heart we can't all speak at the same time today it's you tomorrow it's me in trouble but know that this will never die a natural death aluta continua.
Aluta.

Magistrate 1 week ago

When the opposition are innocent, we use the "denial of bail" to punish them for as long as possible. We are not ashamed to be seen as disgraceful people who abuse their power without fear of being held accountable.

Kule Dhambi 1 week ago

Kusiira chikoro muzhira tichiinda ku "call up" tichinzi tirwise hudzvanyiriri hwemuchena tichiisa vadzvanyiriri vechitema?? Vazukuru vangu hakuna kuitiswa kunodarika uku. 2023 ndiwo mwaka wenyu wekutanda ngozi iyi. Mohwa zvandotaura??


Magistrate 1 week ago

When we know the opposition is innocent we abuse our power to "denial bail" to punish them for as long as we can. We are not ashamed to be seen as disgraceful people.


Zvazvanga zvingori 1 week ago

Thank you ,thank you our captured judiciary,and the the equally captured police.After 45 days of the of having failed to present incriminating evidence against Wiwa and others what now the State has to do is to let them go home ,and they should concentrate more on the murderer Pius Jamba,


Ed Sheeran 1 week ago

don't blame the judges. they are puppets of zanu. what they say is not what they think. they do and say exactly what they are told.



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