Innocent ‘criminal’ Honourable Sikhala jailed before conviction

Staff Writer

In a weird rage, Harare magistrate Tafadzwa Miti denied enslaved Zengeza West’s legislator Job Sikhala bail last Wednesday, describing him as an “incorrigible and unrepentant criminal”.

First, Sikhala is not a criminal as he was never convicted of any crime and Miti’s rants drew the final nail in the coffin of the judiciary’s integrity, giving credence to the widely held view that ‘Wiwa’ was being politically harassed through the courts. The rants drew condemnations from a wide section of Zimbabweans who wants the fiery politician freed on bail.

Second, the former university student leader, is an Honourable Member of Parliament of Zimbabwe apart from being a registered and practising lawyer which makes him an officer of the court. He wouldn’t have been admitted as an officer of the court if he was a criminal.

A single phone call to the Law Society of Zimbabwe could have armed Miti with correct information about Sikhala and saved her from the disgrace of making such pronouncements which cannot survive even the slenderest veracity scrutiny.

In denying him bail, the magistrate ruled that Sikhala deserved jail because he was unrepentant having been arrested over the same offence 67 times before.

“The accused was out on bail on a similar offence unlike his co-accused. A judicial officer cannot sit and determine an issue that has been dealt with by another,” said Miti, even though there are no records of Sikhala’s arrest over violations of his bail conditions.

She said she was bound by the decision of a superior court, the High Court which has already dismissed all his appeals.

“His arrest for more than 63 times on similar charges is proof enough that there is a propensity to commit similar offences.

While responding to reasons of opposing bail submitted by an investigating officer in July, who claims Sikhala’s 67 arrests were synonymous with commission of crimes, one of his lawyers, Beatrice Mtetwa, accused the police of having a high propensity to arrest him.

“The accused was arrested 67 times, but he has never been convicted of any and many cases have failed before reaching trial. The investigating officer cannot say he had a propensity, but they have propensity to arrest the accused,” Mtetwa said.

“He could not have obstructed the investigation because he was in custody. You want to subvert his right because you kept on saying he has a pending case which you do not want to try him on.”

Miti however stuck to the investigation officer ‘submission and denied Sikhala bail for the ninth time in a row.

“The changed circumstances that his co-accused was released on bail will not apply as the number of times he has been arrested is proof that he is an incorrigible and unrepentant criminal,” said Miti.

Continued Miti: “The granting of bail will jeopardise the criminal justice system therefore the application for bail on changed circumstances is therefore dismissed.”

Sikhala had applied for bail on changed circumstances after his alleged accomplice, Godfrey Sithole was granted ZW$50 000 bail having spent 150 days in custody.

The lawmaker is accused of inciting public violence to avenge the death of slain CCC activist Moreblessing Ali who was murdered in cold blood by a Zanu PF member. He has spent 162 days at Chikurubi Maximum Prison.

14 other activists who were arrested for allegedly reacting to Sikhala’s incitement were granted bail last week.

Professor Ricky Mukonza of Tshwane University of Technology (TUT) said the magistrate’s pronouncements cemented allegations that Sikhala was a political prisoner.

“How does a Magistrate label Sikhala an unrepentant and incorrigible criminal when he has not been convicted by a court of law?” queried Mukonza in an exclusive interview with Zimbabwe Observer. Mukonza maintained that the all-time popular and powerful Sikhala was paying for his radical and fearless approach.

The TUT political scientist intimated as ‘pragmatic’ Prof. Lovemore Madhuku’s advice to CCC leadership to negotiate for Sikhala’s release with President Emmerson Mnangagwa.

Continues Mukonza: “It appears Prof had long deciphered that the case is more political than legal, for that reason a political solution is what could salvage Wiwa.”

The razor-sharp and tough talking Mukonza inferred that Sikhala’s continued detention was politically convenient to his colleagues in CCC leadership who needed time to consolidate their power in his absence. Mukonza added that CCC’s lack of political appetite to negotiate Sikhala’s release insisting on the rule of law when it is very clear that politics were at play shows that Wiwa has been turned into a pawn by both the yellow and green political outfits.

“It cannot be discounted that some in the CCC leadership are not too bothered by the continued incarceration of Wiwa. He is viewed as a threat to many in that leadership and his absence allows others to consolidate,” said Mukonza. “Wiwa is a different kind of a leader in opposition politics, he is fearless and appears to connect with opposition supporters on the ground. His militant approach is what they seem to prefer, yet they are not getting it from the current leaders.”   

In July 2019 Sikhala was arrested and charged with treason in Masvingo but was acquitted after Justice Garainesu Mawadze described the charges as “bizarre”.

The outspoken lawmaker was arrested after declaring, while campaigning in Bikita, that “we will overthrow Mnangagwa before 2023,” but his lawyer Mtetwa successfully argued that the charges were vague, meaningless and fail short of establishing the essential elements recognised by the law under section 180 of the Criminal Procedure and Evidence Act.

In another case which Sikhala is still on bail where he is facing allegations of inciting public violence through social media ahead of the July 31, 2020 demonstration.

In 2012 the court acquitted Sikhala of raping and stealing from a South African woman.

Research by Zimbabwe Observer to establish Sikhala’s convictions drew blanks. The law eagle has never been convicted of any crime, not even a traffic or trespassing offence. Not even a single student disciplinary hearing found him guilty of any crime on several accounts he appeared before the University of Zimbabwe Student disciplinary board. So how is the innocent Sikhala a criminal?

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