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Incarcerated Zengeza West legislator <a href="https://www.pindula.co.zw/Job_Sikhala">Job Sikhala</a> Tuesday said he has been detained for months based on lies and falsehoods.
He made the remarks when he appeared before Harare magistrate Marewanazvo Gofa on charges of obstructing the course of justice.
He was being represented by his lawyer Harrison Nkomo. <a href="https://www.newsday.co.zw/local-news/article/200009142/liars-keeping-me-in-jail-sikhala">NewsDay</a> cites him as saying:
<blockquote>
This case has been clouded with lies from the police and State. I have been incarcerated for 10 months based on lies and falsehoods to keep me here.
The State is just building its case on lies. One of the police witnesses Hardwick Maziti said they were going to bring eyewitnesses and claimed that their case was based on eyewitnesses only to revert later and say the police will use only the video.
How can you charge a person based on a video seen online on YouTube and yet you have not tested its authenticity? I don’t know that video and I don’t know who recorded it.
</blockquote>
Sikhala’s charge sheet:
<blockquote>
i). Sikhala is accused of inciting violence which erupted on June 14 in the funeral wake of slain Citizens Coalition for Change (CCC) activist <a href="https://www.pindula.co.zw/Moreblessing_Ali">Moreblessing Ali. </a>
ii). The legislator faces a separate charge of obstructing the course after he implicated ZANU PF in Ali’s murder.
</blockquote>
Ali was murdered in May 2022 by a suspected ZANU PF activist <a href="https://www.pindula.co.zw/Pius_Jamba">Pius, alias Jamba, Mukandi</a>.
Sikhala said there were no charges pressed against him when he arrived at Chikurubi Maximum Security Prison in June last year.
He added:
<blockquote>
It was later on that day when I was charged with treason and then they brought the charge sheet which was later taken and destroyed, but later police officers said we are now charging you with obstructing the course of justice.
</blockquote>
Gofa postponed the matter to today (Wednesday).
Denial of Bail:
Sikhala has been denied bail on several occasions with courts saying he was likely to commit “more offences” once released.
Some political analysts and some Western countries argue that Sikhala’s prolonged incarceration is political and a violation of the constitution.
Section 50(1)(d) of the Zimbabwean Constitution states that a person who has been arrested: “must be released unconditionally, or on reasonable conditions, pending a charge or trial, unless there are compelling reasons justifying their continued detention.”
This is subject to the interests of justice.
A judge may grant bail in respect of any crime. A magistrate within whose area of jurisdiction the accused is being kept in custody may grant him bail in respect of all crimes except a serious crime specified in the Third Schedule to the Criminal Procedure and Evidence Act, of which the most important are:
<blockquote>
1). treason;
2). murder or attempted murder;
3). rape or aggravated indecent assault;
4). robbery;
5). indecent assault of a child;
6). kidnapping or unlawful detention involving the infliction of serious bodily harm;
7). crimes involving insurgency, banditry, sabotage or terrorism;
</blockquote>
If, however, the Prosecutor-General personally consents to the magistrate granting bail for any of the above crimes, then the magistrate has the power to do so.
When an accused person is indicted for trial in the High Court, the bail will stand but a judge of the High Court may revoke it or alter any condition under which it was granted.
Bail may also be granted by a police officer if a suspect has been arrested on a relatively minor charge and is unlikely to abscond or interfere with the evidence, or commit further crimes. 
<h2><a href="https://news.pindula.co.zw/">More Pindula News</a></h2>

Pindula News

Sikhala Says He Was Incarcerated Based On Lies

A Harare magistrate on Monday deferred to Wednesday afternoon the ruling in Zengeza West legislator Job Sikhala’s (MDC Alliance) fresh bail application on changed circumstances.
Magistrate Tafadzwa Miti said that she needed to go through the High Court judgment that resulted in the bail order that Sikhala violated.
Sikhala made a ninth bail application saying his co-accused was granted $300 000 and he should be treated equally.
He also argued that investigations into their matter had been completed with a trial date already set, which warranted him bail in changed circumstances.
The State opposed granting of Sikhala’s bail saying he should look at reasons that saw him denied bail on his initial court appearance.
Sikhala is jointly charged with Chitungwiza North Godfrey Karakadzai Sithole (CCC) on incitement to commit public violence.
The charge emanated from the violence that rocked Nyatsime in June this year following the murder of CCC activist Moreblessing Ali by Pius Mukandi, a relative of a local ZANU PF official. | <a href="https://www.herald.co.zw/sikhala-bail-ruling-deferred/">The Herald</a>

Magistrate Defers Sikhala Bail Ruling To Wednesday

The government claims Zengeza West MP, Job Sikhala (CCC), who has been in pre-trial detention for more than 100 days on allegations of inciting violence, violated past bail conditions, thereby resulting in the courts rejecting his new bail applications.
The outspoken lawmaker is said to have been arrested 67 times but has no single conviction. He has been denied bail five times by the courts in the current case.
Sikhala, Chitungwiza North MP, Godfrey Sithole, and other CCC activists from Nyatsime were arrested on 14 June 2022 after attending the funeral of political activist Moreblessing Ali.
Ali was brutally murdered and her remains were dumped in a disused well and were only discovered three weeks after she had gone missing.
Responding to questions in the Senate on Thursday from Senators who wanted to know how the government was handling the matter, Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi, said:
<blockquote>
… my understanding is that you are on bail on a specific case and there are conditions that are attached to that.
If you violate your bail conditions then the bail will not be granted should you commit another offence. That is a general principle.
The individual so concerned, my understanding which I just read, not to say that I was schooled by the Judiciary from going to ask about judicial decision but that is not my duty; the decision of the courts was on the basis of the fact that bail was granted, bail conditions were violated and that is the reason to deny bail.
… When we are in court, sometimes as politicians, we must refrain from abusing the courts for political expediency.
</blockquote>
| <a href="https://cite.org.zw/ziyambi-wades-into-job-sikhala-case/">CITE</a>

Ziyambi Says Sikhala Has Been Denied Bail Because He Violated Previous Bail Conditions

Lawyers representing jailed opposition legislator, Job Sikhala (Zengeza West), say they will not give up on fighting for him to be granted bail by the courts.
Zimbabwe Lawyers for Human Rights (ZLHR) lawyer, Jeremiah Bamu working together with Beatrice Mtetwa under instructions from the Zimbabwe Human Rights NGO Forum, filed another application for bail on Friday notwithstanding the fact that Sikhala has been denied bail five times. ZLHR said:
<blockquote>
We are not tiring in our efforts to get Zengeza West MP Hon. Job Sikhala released from Chikurubi Maximum Security Prison &amp; our lawyer Jeremiah Bamu working together with Beatrice Mtetwa under instructions from @ZimHRNGOForum, on Friday filed yet another application for bail at Harare Magistrates Court citing changed circumstances.
In the application, Bamu &amp; Mtetwa argued that society is losing faith in the criminal justice system including the bail system as a result of the denial of bail to Hon. Sikhala.
Hon. Sikhala has spent more than 3 months in remand prison after he was arrested on 14 June &amp; charged with inciting public violence &amp; also with obstructing or defeating the course of justice as defined in Section 184(1)(e) of the Criminal Code.
</blockquote>

Lawyers Not Giving Up On Sikhala Freedom Bid

Opposition Members of Parliament Job Sikhala (Zengesa West) and Godfrey Sithole (Chitungwiza North) were on Monday denied bail by a Harare magistrate.
Sikhala and Sithole, who have been in pre-trial detention for more than 60 days, are charged with obstructing the course of justice.
Harare magistrate Feresi Chakanyuka dismissed the duo’s application under changed circumstances saying nothing had been placed before the court to prove the changed circumstances.
The two MPs filed their first bail application on 17 June which was also dismissed.
Commenting on the development, CCC secretary-general Chalton Hwende said the denial of bail for Sikhala and Sithole is no longer a legal matter but a political case. <a href="https://twitter.com/hwendec/status/1561729407185817601">Tweeted Hwende</a>:
<blockquote>
Clearly, this is no longer a legal matter but a political case which needs Political action. Takuregerera Vamwe Apa!!!
</blockquote>
Sikhala, Sithole and other 14 CCC members were arrested after violence rocked Nyatsime following the brutal murder of Moreblessing Ali.
More: <a href="https://www.herald.co.zw/sikhala-sithole-bail-bid-flops/">The Herald</a>

Sikhala, Sithole Denied Bail Again

High Court judge Justice Tawanda Chitapi on Tuesday relaxed freelance journalist and filmmaker Hopewell Chin’ono’s bail conditions following an application by his lawyers, the Zimbabwe Lawyers for Human Rights (ZLHR).
Chin’ono is facing charges of incitement to public violence, obstructing the course of justice and publishing falsehoods prejudicial to the State.
He was initially arrested and granted bail last September and was ordered to pay $20 00 for his release.
Chin’ono was arrested again on 3 November and 10 January and given the same bail conditions that applied to his other alleged offences. Justice Chitapi ruled:
<blockquote>… Chin’ono shall report at Highlands Police Station once fortnightly on Fridays between 0600hrs and 1800hrs. Chin’ono shall make an additional deposit of $10 000 to the $10 000 ordered in case number B1359/20.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2021/02/chinonos-bail-conditions-relaxed/" rel="noopener" target="_blank">NewsDay</a></h4>

High Court Relaxes Chin’ono’s Bail Conditions

High Court judge Justice David Foroma on Thursday reserved judgement indefinitely on journalist Hopewell Chin’ono’s bail appeal.
Chin’ono appealed after being denied bail by a Harare magistrate who ruled that he was likely to re-offend if granted bail.
Chin’ono was arrested and charged with peddling falsehoods after he allegedly tweeted that a police officer had fatally beaten up a little baby in Harare while enforcing lockdown regulations.
The lower court said it had found there is overwhelming evidence against him but Chin’ono contends that the magistrate erred in denying him bail.
Chin’ono has been arrested three times since the COVID-19 lockdown came into effect last year and all the arrests have to do with his posts on the microblogging platform.

Justice Foroma Reserves Ruling On Chin'ono's Bail Appeal

Zimbabwe National Students Union (ZINASU) president Takudzwa Ngadziore will spend more time in prison after his bail application hearing was postponed to 1 October by a High Court judge.
Ngadziore appeared before the High Court this Tuesday for the determination of his bail appeal but the matter was postponed to Thursday to allow the State to file its response to his freedom bid.
The student leader’s lawyers from the Zimbabwe Lawyers for Human Rights (ZLHR) said in a statement:
<blockquote>ZINASU leader [Takudzwa Ngadziore] will have to spend more time in jail awaiting the outcome of his bail appeal filed by Webster Jiti of [the ZLHR] after High Court Judge postponed hearing and determination of his matter to Thursday to allow the State to file its response to his freedom bid.</blockquote>
Takudzwa Ngadziore was denied bail at Harare Magistrates Court last week <a href="https://news.pindula.co.zw/2020/09/21/investigate-the-attack-on-takudzwa-ngadziore-and-the-journalists-covering-the-presser-uk-in-zimbabwe/" rel="noopener noreferrer" target="_blank">after he was arrested and charged for allegedly protesting against the use of an Impala Car Rental vehicle</a> in the abduction of Tawanda Muchehiwa, a student with the Midlands State University in July by some unidentified people.
The ZINASU leader has been detained at Harare Remand Prison since last week.

Takudzwa Ngadziore Bail Appeal Hearing Postponed

Detained freelance journalist, Hopewell Chin’ono’s bail appeal which was due to be heard on Wednesday has been postponed to Thursday, his lawyers said.
Chin’ono, whose house in Chisipite, Harare was broken into by police with a glass panel shattered by officers who “arrested” him last week and was charged with inciting public violence, filed an appeal for bail at the High Court on Monday after being denied freedom by Harare magistrate Ngoni Nduna.
Nduna remanded the award-winning filmmaker in custody to August 7 this year, citing that he was a danger to the public and would violate the law if released.
Chin’ono’s legal representatives, the Zimbabwe Lawyers for Human Rights (ZLHR) tweeted:
<blockquote>False start to bail hearing of Hopewell Chin’ono as the record of proceedings from magistrate’s court has not been brought to High Court.</blockquote>
Posting on Twitter, political analyst Pedzisai Ruhanya accused the country’s justice system of deliberately using delaying tactics to deny Chin’ono hos freedom bid. He said:
<blockquote>The bail appeal hearing for Hopewell has been postponed to tomorrow because the record from the Magistrate Court hasn’t been sent to the High Court. The judge hasn’t seen it. That’s Zimbabwe’s justice system, delaying tactics from the state!</blockquote>
The State alleges that Chin’ono used social media to incite the public to engage in street protests on July 31, under the guise of fighting top-level corruption.

Hopewell Chin’ono High Court Bail Appeal Postponed

<a href="https://www.pindula.co.zw/Marry_Chiwenga" rel="noopener noreferrer" target="_blank">Marry Chiwenga</a> (nee Mubaiwa), the estranged wife of Vice President <a href="https://www.pindula.co.zw/Constantino_Chiwenga" rel="noopener noreferrer" target="_blank">Constantino Chiwenga</a> will spend the New Year in remand prison after a High court judge reserved judgment in the two bail applications she made following her arrest earlier this month.
Marry ‘s bail application was finally heard on Tuesday and Justice <a href="https://www.pindula.co.zw/Pisirayi_Kwenda" rel="noopener noreferrer" target="_blank">Pisirayi Kwenda</a> indefinitely reserved judgement on the matter.
She is facing charges of attempting to murder her husband while he was indisposed at a South African hospital in July, money laundering, externalisation of foreign exchange and forgery.
Through her lawyers Advocate Sylvester Hashiti, instructed by Taona Nyamakaro of Mtetwa &amp; Nyambirai Legal Practitioners, Marry has denied the charges, describing them as “hilarious and baseless”.
<h4>More: <a href="https://www.newzimbabwe.com/marry-chiwenga-to-spend-new-year-in-prison-as-judgment-for-bail-is-reserved/" rel="noopener noreferrer" target="_blank">NewZimbabwe.com</a></h4>

High Court Reserves Judgement On Marry Chiwenga's Bail Application

Chief Felix Ndiweni has been granted ZWL$500 bail after his lawyers led by MDC vice president Welshmen Ncube successfully applied for bail pending appeal.
The traditional leader was sentenced to 18 months in prison following his conviction by a Bulawayo magistrate on charges of malicious damage to property.
More to follow…

JUST IN: Chief Ndiweni Freed On $500 Bail

Chief Felix Nhlanhlayamangwe Ndiweni appears at the Bulawayo High Court today for his bail application pending appeal. The State is opposed to the chief’s bail application.
Below are screenshots of the State’s heads of argument in opposition to Chief Ndiweni’s bail application:

FULL TEXT: State’s Heads Of Argument Opposing Chief Ndiweni's Bail Application

MDC MP for Kuwadzana East and deputy treasurer-general Chalton Hwende has been granted bail at the High Court.
He was arrested on Tuesday morning aboard an Air Namibia plane that had just landed at the Robert Gabriel Mugabe international airport.
As part of the bail conditions, Hwende has been barred from addressing public gatherings and using social media. He has also been ordered to surrender his passport to the court’s registry and to report to the police twice every week.
He’s free on $ 3000 bail.
<h4>Related:</h4>
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<h4><a href="https://news.pindula.co.zw/2019/03/06/full-text-arrest-of-mdc-mps-is-political-persecution-chief-whip-mutseyami/" rel="noopener" target="_blank">FULL TEXT: Arrest Of MDC MPs Is Political Persecution – Chief Whip Mutseyami</a></h4>
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<h4><a href="https://news.pindula.co.zw/2019/03/05/mdc-official-charlton-hwende-arrested/" rel="noopener" target="_blank">MDC Official, Charlton Hwende Arrested</a></h4>
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<h4><a href="https://news.pindula.co.zw/2019/03/05/how-zimbabweans-reacted-to-charlton-hwendes-arrest/">How Zimbabweans Reacted To Charlton Hwende’s Arrest</a></h4>
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<h4></h4>

Chalton Hwende Granted $3 000 Bail

Harare Magistrate Ms Barbara Chimboza threatened to revoke bail and jail six police officers for interfering with state witnesses. Magistrate Chimboza found the 6 guilty of breaching the bail conditions, adding that it was clear that they wanted to intimidate the complainant. The trial is scheduled for the 7th of JuJunend the magustrate warned that if there was a futher breach the six would be remanded in custody.
Munyaradzi Bvukumbwe (23), Vivian Kapaso (25), Herbert Tsiga (25), Erlswort Gazimbi (27), Nkululekani Daze (27) and Prize Mpofu (27) — all from the force’s traffic section are <a href="http://www.pindula.co.zw/news/2017/03/13/kombi-owner-hospitalised-beating-zrp-officers-questioning-demand-50-bribe/#.WO7Ai2l97IU">facing charges of assault after they attacked kombi owner Mr Gift Muusha leading to his hospitalisation.  </a> 
More: <a href="http://www.herald.co.zw/cops-in-the-dock-for-assault-2/">Herald</a>

Magistrate threatens to revoke bail of 6 traffic cops on trial after they try to intimidate witness

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