Japajapa Jailed "For Inciting" August 1, 2018 Violence
Political activist Paddington Japajapa has been sent to prison to serve a two-year jail term after the High Court denied his appeal to overturn his conviction and sentence for inciting public violence during the announcement of election results in August 2018.
Japajapa “made inciting remarks” when he criticised the Zimbabwe Electoral Commission (ZEC) and threatened to “cause chaos in the country,” The Herald reported. He was found guilty of breaching electoral laws and initially sentenced to three years, with one year suspended. The High Court rejected his appeal, stating that there was insufficient evidence to overturn the trial magistrate’s decision.
Justice Kwenda rejected the appeal against Japajapa’s conviction and sentence. The High Court found no compelling evidence to interfere with the trial magistrate’s decision. Japajapa was captured in a video clip making “inciting” remarks, which he initially denied but later admitted to in mitigation. The High Court noted contradictions in his testimony and rejected his argument that the video was manipulated by the State. Japajapa’s claim of succumbing to temptation was also considered in the sentencing. Justice Kwenda ruled:
It does not make sense that the appellant would deny making the inflammatory utterances and in the next breath admit making them albeit innocently. It is either he uttered the words or he did not.
The High Court found no misdirection and stated that the magistrate court’s decision to impose imprisonment was justified, considering the impact of Japajapa’s inflammatory statements on the subsequent disturbances.
During the trial, it was revealed that Japajapa made inflammatory statements during a press conference over ZEC’s delays in announcing the results of the presidential election. He alleged that ZEC was conniving with ZANU PF to manipulate election results in favour of President Emmerson Mnangagwa. The judge emphasised that Japajapa should have known the impact his words would have on his supporters. His actions allegedly led to widespread violence and protests in Harare, resulting in property destruction. The State deployed soldiers and police who fired live ammunition at civilians and killed six people in the CBD. The trial court found Japajapa guilty of interfering with the announcement of election results and inciting violence.
In 2019, the MDC Alliance expressed concern over the conviction and sentencing of Paddington Japajapa. They argued that Japajapa’s claims of election rigging were shared by many Zimbabweans and that politicians have the right to express their opinions. The MDC criticised the government for charging individuals with trumped-up crimes and called on citizens, as well as regional and international communities, to stand against these human rights violations. They emphasised the need for a truly free, fair, and credible election to restore legitimacy and protect citizens’ rights in Zimbabwe.
