MDC Alliance vice chairperson Job Sikhala has been granted
$50 000 bail by the High Court and barred from posting audios and videos on any
social media platforms, inciting violence and addressing any gatherings or
virtual meetings until the finalisation of his case.
Sikhala had appealed against the decision of the remand
court to deny him bail on charges of inciting public violence.
In granting him bail, Justice Erica Ndewere ruled that
Sikhala’s conduct was not that of a fugitive evading the law, but was running
away from alleged unknown persons who were trailing him.
The court found that Sikhala proved on a balance of
probabilities that in the interest of justice, he should be released on bail in
view of the evidence adduced in the lower court.
Most of the evidence from the record of proceedings was
fraught with inconsistencies and numerous concessions that failed to justify
compelling reasons why Sikhala could not be granted bail, the court found.
In this regard, Justice Ndewere said whatever fears the
State had could be eliminated by the imposition of appropriate bail conditions
for Sikhala’s release.
The State alleged that the police looked for Sikhala and
did not find him. The court found no evidence placed before the lower court
to support that claim.
She criticised the police for allowing themselves to be
derailed by social media posts instead of invoking their own police procedures
to look for Sikhala.
“Instead of establishing their own trail of evidence, it
appears the police were following up the appellant’s social media posts to the
disadvantage of the State, which did not get evidence proving that indeed the
police looked for the appellant,” said Justice Ndewere.
She considered that Sikhala’s co-accused, Hopewell Chin’ono
and Jacob Ngarivhume, who are facing similar charges, were granted bail.
Sikhala was then granted $50 000 bail after he failed to
provide surety in the form of immovable property.
He was directed to surrender his travel documents and
reside at his given address.
Further, he was told not to interfere with State witnesses
and report three times a week at St Mary’s Police Station in Chitungwiza until
the matter is finalised. Herald
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