Ngarivhume, who was convicted at the Harare Magistrates’ Courts by magistrate Feresi Chakanyuka on April 28, 2023, for inciting violence, was sentenced to 48 months’ imprisonment, with 12 months suspended.
In delivering his judgement, Kwenda said the State had not led any evidence to prove in the matter.
“The State did not lead any evidence to prove. It is clear from the record that the State knew they should produce evidence. The police knew there was need to link the accused to the words. They knew the procedure to be followed and they did not do that. We do not know why they did not follow through but what we know is that the State did not prove.
“We were asked to examine the evidence and there was evidence which links to the accused. It would not be right to uphold the conviction. In the result, the appeal is allowed. And the conviction is quashed,” said Kwenda.