INCARCERATED MDC Alliance deputy chairperson Job Sikhala, who is being charged on allegations of communicating falsehoods through social media, yesterday wept in court, lamenting that he was being abused by prison officials.
Sikhala complained saying that it was inhuman treatment for
him to be brought before the courts in leg irons and handcuffed, adding that
this was in defiance of a court order barring the prison officials from
handcuffing and putting leg irons on accused persons in the court.
Prison officers had argued that there was no problem in
them handcuffing or placing leg irons on prisoners from the remand prison to
the courts.
Harare magistrate Ngoni Nduna, however, dismissed the
application, in which he was challenging being placed on remand.
Sikhala was arguing that the law under which he was being
charged was non-existent. He is being charged under section 31(a)(iii) of the
Criminal Law (Codification and Reform) Act.
Appearing for the State, prosecutor Lancelot Mutsokoti
alleged that Sikhala used a Facebook account under the name “Job Wiwa Sikhala”
and falsely published that a police officer had killed a nine-month-old child,
allegations which the police have dismissed.
Addressing journalists outside the courtroom prior to the
proceedings, Sikhala said he was not a criminal and did not deserve to be
treated like one.
“There are real criminals who have stolen money in our
country, and who have committed very heinous crimes through corruption but they
have never been treated this way. I have not committed any crime, but I am
being ill-treated,” Sikhala said.
In the courtroom, Sikhala fumed and went on to threaten a
prison officer saying that he would charge towards him if he dared come near
him.
He said he (prison officer) was the one who orchestrated
all the abuse he was subjected to.
“Usaswedera padhuze neni mudhara iwe. Usanditarira mhani
(Don’t come near me you old man. Don’t look at me). We are humans, we are
humans, why this ill-treatment?” Sikhala shouted, as he charged towards the
senior prison officer, before he broke into tears.
The prison officer had to retreat as Sikhala threatened
him, and Jacob Ngarivhume, the Transform Zimbabwe leader, who had attended
court in solidarity with Sikhala, consoled him.
So bitter was Sikhala that the magistrate had to reprimand
him against interjecting during court proceedings.
Sikhala’s lawyer Jeremiah Bamu told the court that it was
unconstitutional for the prison officers to bring an unconvicted person in
handcuffs and leg irons to court.
Nduna ordered a superior in the Zimbabwe Prisons and
Correctional Services to appear before him so that he explained why they were
defying court orders. Newsday
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