Gomwe loses freedom bid

Fungai Lupande Court Reporter
A Harare magistrate yesterday ordered former zanu-pf Harare youth league chairperson Godwin Gomwe to continue with his community service before dismissing his application for stay of the sentence. Gomwe (34), through his lawyer Mr John Ndomene, applied for suspension of the 70 hours of community service pending appeal against conviction and sentence at the High Court.

Gomwe was convicted of criminal insult and contravening section 88 (c) of the Post and Telecommunications Act on August 25. The magistrate Mr Takunda Mtetwa said the sentence was commensurate with the offence.

“To say that the sentence induces a sense of shock is misleading to say the least. The application to suspend community service is unjustified. Continue with community service at Budiriro Primary School,” said Mr Mtetwa. In his notice of appeal at the High Court, Gomwe argued that Mr Mtetwa failed to analyse the evidence of witnesses.

“The magistrate erred by failing to analyse the evidence, make findings on the credibility of each of the witnesses and not justifying why the version of the appellant was rejected in favour of State witnesses,” reads the notice. “The court was misdirected in finding that appellant uttered the alleged offensive words to the complainants.”

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 Cde Abraham Samushonga and insulted him using unprintable words. Cde Samushonga placed his phone on the loudspeaker so that a friend he was with could hear the insults and be a witness.