HARARE – The High Court on Tuesday deferred the hearing of an appeal by Jacob Ngarivhume, the jailed leader of the opposition Transform Zimbabwe party, after the National Prosecuting Authority failed to file its response on time.
Ngarivhume is appealing against his conviction and sentencing for inciting public violence after calling for nationwide protests on July 31, 2020. He was jailed for four years, but is serving an effective three years after part of his jail term was conditionally suspended.
The appeal before Justice Benjamin Chikowero and Justice Pisirayi Kwenda did not proceed after the NPA said it was not aware of the set-down, blaming new court procedures on digital filing and virtual hearings.
Meanwhile, Ngarivhume’s lawyer Prof Lovemore Madhuku also made an application for Justice Chikowero to recuse himself. Madhuku said the judge previously heard and dismissed Ngarivhume’s application for bail pending appeal, and he therefore already has an opinion on the matter.
Madhuku told reporters outside the High Court: “The state had not filed its heads of argument. We filed our heads of argument long back and the state indicated that because of the new online system, they had not been going to the court and were not aware that today was day of hearing so they need time.”
Madhuku maintains that the magistrate’s court court erred in sending Ngarivhume to jail “when it was clear he committed no offence.”
He added: “We’re making very clear arguments. We think that our client has reasonable prospects that the conviction was wrong. You will recall that the only reason why the magistrate convicted him was that he did not disclose at the time of questioning by the police that he did not have a Twitter account… that’s the sole issue. They said why did you not say it the first time you were interviewed by the police?
“We are saying that is wrong. A person is permitted not to say anything to the police when they are arrested. It is going to evolve around that important point.”
Madhuku said the state’s failure to get evidence that Ngarivhume owned the Twitter account “was very fatal.”
Ngarivhume’s appeal will now be heard on November 14.
“We are going to be seeking that Justice Chikowero should be excused from the matter. The reason is that he is the judge who presided over the application for bail pending appeal by Ngarivhume,” Madhuku added.
“He dismissed the application. When he dismissed that application he made an opinion that there were no reasonable prospects of success so obviously we would need another judge because he already has something to show that the appeal will not be successful.”
Ngarivhume appeared in high spirits before the hearing as he chatted with supporters and fellow political prisoner Job Sikhala, who is also seeking Chikowero’s recusal in his separate appeal.
