Sikhala, Sithole bail appeal rejected

Fidelis Munyoro Chief Court Reporter

The High Court yesterday upheld the decision by a magistrate two weeks ago to keep CCC legislators Job Sikhala and Godfrey Sithole in custody, refusing them bail, until they are tried on their charges of incitement to commit violence on the basis that Sikhala had been arrested for similar offences in the past and had a heightened propensity to re-offend.

But the two and their lawyers have not given up in their search for bail, and are now getting ready to argue there are changed circumstances that allow a new application for bail to be made.

Yesterday they appeared before High Court Judge Justice Lucie-Anne Mungwari appealing against a magistrate’s decision two weeks ago not to grant them bail pending trial.

She rejected the appeal for lack of merit and upheld the lower court decision, finding no misdirection on the remand court to warrant High Court interference.

In her ruling, Justice Mungwari noted that Sikhala had on many occasions been arrested for a similar offence showing Sikhala had a heightened propensity to re-offend.

After the court ruling, Sikhala and Sithole were taken to Harare magistrate for routine remand.

They appeared before magistrate Mr Learnmore Mapiye and their bid to challenge further remand was thrown out. They were further remanded to August 2.

Their lawyers indicated to the court that they will in the interim return to court to apply for bail on the grounds of changed circumstances.

Sikhala and Sithole are being accused of mobilising their party supporters to unleash violence in Nyatsime, Chitungwiza, during a memorial service for Moreblessing Ali.

They unsuccessfully applied for bail before the Harare magistrates’ courts that ruled that the legislators were a threat to public security and were likely to reoffend if released on bail.

Ali, who the CCC said was their supporter, was abducted outside a nightclub in Nyatsime on May 14 and her dismembered remains were discovered in a disused well at a farm in Beatrice, about 10km away from where she was taken.

The prime suspect in her murder, Pius Jamba (31), has since been arrested and was remanded in custody.

Sikhala and Sithole were arrested on June 14 charged with inciting violence.