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Daniel Nemukuyu Senior Court Reporter
Former Zanu-PF Harare youth league chairperson Godwin Gomwe is now battling at the High Court to have the 70 hours of community service imposed on him suspended pending determination of his appeal against conviction and sentence. Gomwe was convicted of criminal insult and contravening Section 88 (c) of the Post and Telecommunications Act on August 25.
Harare magistrate Mr Takunda Mtetwa last week threw out Gomwe’s request to have community service set aside pending determination of his appeal prompting the convict to approach the High Court. Advocate Thembinkosi Magwaliba is representing Gomwe in an urgent chamber application filed at the High Court this week.
Justice Happias Zhou will today hear the application in his chambers. Gomwe was supposed to start performing community service at Budiriro 1 Primary School last Friday, but he did not do so on the strength of the High Court challenge.
In the urgent chamber application Gomwe argued that the magistrate erred in dismissing his application and that the High Court should quash the decision and suspend the sentence pending appeal. “The ruling failed to take into account a relevant fact that the State was not going to be prejudiced by the suspension of the performance of community service pending appeal.
“On the other hand, I will be grossly prejudiced and would not be compensated for having performed community service if ever the conviction was going to be set aside on appeal,” said Gomwe. Gomwe further argued that his prospects of success on appeal were high and that the sentence must be conditionally shelved.
But magistrate Mr Mtetwa filed his opposing papers arguing that Gomwe had approached the court with dirty hands and that the High Court must refuse to hear his request. “Clearly, the applicant is contemptuous of the court. He obviously shuns and does not consider himself worthy to perform community service sentence and is approaching the court with dirty hands,” said Mr Mtetwa.
The magistrate also argued that the application was not urgent and that it must fail on that basis. “There is nothing urgent in the suspension which would require it to be entertained on an urgent basis.
“There is nothing extra-ordinary about community service and I dismissed an application for suspension of community service because it lacked merit,” said the magistrate. He added that there were no prospects of success in the appeal against conviction and Gomwe’s claim was a fallacy.
Gomwe was slapped with 35 hours for insulting Winnie Madekufamba (52) on December 5 last year during the Zanu-PF National congress. He called her a gamatox and a witch. Gamatox is a term that was used to refer to a putchist cabal led by former vice president Dr Joice Mujuru that was accused of plotting to topple President Mugabe ahead of Zanu-PF congress last year.
Gomwe shouted at the woman saying he could have sexual intercourse with her and her goblins until they felt dizzy. Gomwe also threatened to incite other party youths to assault her. On May 6 this year, Gomwe phoned Abraham Samushonga and insulted him using unprintable words.
Samushonga placed his phone on loudspeaker so that a friend could hear the insults and be a witness.
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