Chronicle Editor
Walter Mswazie/Runesu Gwidi, Chronicle Correspondents
THE High Court in Masvingo yesterday postponed MDC Alliance deputy national chairperson Job Sikhala’s treason trial to February 14 to allow the court to make a judgment on the defence’s application for an exception.
Justice Garainesu Mawadze is set to make a ruling whether the case will go for a full trial or dismiss the charges against the Zengeza West legislator.
This followed Sikhala’s application for exception, through his lawyer Ms Beatrice Mtetwa, arguing that according to the constitution the accused’s utterances did not constitute a crime.
Sikhala faces subversion charges for allegedly threatening to unseat President Mnangagwa’s constitutionally-elected Government while addressing his party’s rally at Mandadzaka Business Centre in Bikita last year.
He is on $5 000 bail coupled with stringent conditions.
Justice Mawadze ruled that the matter be postponed to give the court enough time to determine the criminal nature of the utterances attributed to Sikhala.
“I think we need time to assess whether the utterances made by the accused person warrant a full trial or should be dismissed. I therefore propose that the matter be postponed to February 14,” he said.
Allegations against Sikhala stemmed from a rally he addressed in Bikita East, when he said his party would overthrow the Government before 2023.
“We are a committed leadership that will give Zanu-PF headaches and (Amos) Chibaya was not lying or joking about the war and fight we are going to take to the doorstep of Emmerson Mnangagwa. We are going to overthrow him before 2023 and this is not a joke,” Sikhala is alleged to have said.
The prosecutor Mr Tawanda Zvekare said on the day in question and last year at Mandadzaka Business Centre in Bikita, Sikhala allegedly said that he would overthrow the Government of President Mnangagwa before the next election.
He told the court that Sikhala was indeed serious about his utterances as he emphasised that there was going to be a war against the incumbent.
“According to Section 89 of the Constitution, President Mnangagwa is head of State and Government and Commander in Chief of the Defence Forces, and that is inseparable. My Lord, the point I want to drive home is that you cannot separate him (President Mnangagwa) from Government as the defence counsel wants the court to believe,” said Mr Zvekare.
“The accused indeed was directing his utterances to President Mnangagwa and his Government. It will be naïve for the defence counsel to suggest that President and Government are two separate things.”
Ms Mtetwa argued that Sikhala’s utterances were directed to President Mnangagwa as an individual and not necessarily the Government.
“Indeed, my client made those utterances but they were directed to President Mnangagwa and not his Government. President Mnangagwa is separable from his Government as provided for in the Constitution. The accused, as a Member of Parliament and has the privilege of passing a vote of no confidence on the President and his utterances were a reflective of such privileges in Parliament not by any means to be implemented violently,” said Ms Mtetwa.
She said her client enjoys his political rights, as provided for in Section 67 (1) (b) of the constitution.
“It is common cause that the language of politicians is loaded with words which do not normally constitute a crime,” argued Ms Mtetwa. — @wallebswazie2, @gwidiR
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