CCC senior member Job Sikhala and his accomplice, former Chitungwiza North Member of Parliament Godfrey Sithole, will be sentenced today on a charge of inciting the public violence that broke out in Nyatsime, Chitungwiza in 2022 after Ms Moreblessing Ali was murdered by a former boyfriend.
Yesterday, the State presented evidence in aggravation and
the defence in mitigation.
Appearing for the State was Mr Ephraim Zinyandu while Mr
Jeremiah Bamu and Mr Harrison Nkomo were representing Sikhala.
Mr Oliver Marwa represented Sithole.
The two were convicted after a full trial by Harare
magistrate Mrs Tafadzwa Miti.
In aggravation, Mr Zinyandu submitted that the first impact
of this offence was that there was public violence that took place that
resulted in the destruction of property.
“Once public violence of this nature takes place, there is
bound to be insecurity amongst the citizens, especially those who live in the
area where it took place. The other impact is the unnecessary use of police
resources towards the quelling of public violence. This will also result in
loss of confidence among potential investors because there is no investor who
wants to do business in a country where there is violence,” he said.
The State was alive to the fact that Sikhala has been in
custody for almost a year and 9 months but the court has to take into account
the impact of the offence on society as some people lost their property.
In mitigation, Mr Nkomo sought just a fine as Sikhala was a
family man who had many dependents and had lost opportunities when he was in
prison.
“The defence proposes a wholly suspended prison term to the
accused. In the unlikely event that the court decides that the wholly suspended
sentence does not meet the circumstances, we propose a fine of level 6
(US$300).
“Despite the State’s claims, we submit that there is no
iota of aggravation. The first accused has 12 legal dependents. We cannot
mention the other dependents of the extended families. Livelihoods of 23 people
look up to the accused. The accused is a legal practitioner and a former
legislator — the title that he lost upon his incarceration as he could not
contest in the 2023 elections. He has been relegated from being an MP to a
regular citizen.”
Mr Marwa told the court it had to consider that Sithole had
50 children that he paid school fees for through a trust and if imprisoned they
will be affected negatively.
Agreed facts are that Sikhala posted a video on social
media encouraging CCC supporters to avenge Moreblessing Ali’s death and then
hired lorries to ferry people from Epworth and other surrounding areas in
Chitungwiza to Nyatsime.
According to the State, 20 families were left homeless
following the violence, while 13 shops, six tuck-shops and vehicles were
extensively damaged after CCC supporters ran amok, indiscriminately attacking
residents of Nyatsime. Herald
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