High Court Postpones Appeal Hearing For Jacob Ngarivhume
The High Court postponed the appeal hearing of Jacob Ngarivhume, the leader of the Transform Zimbabwe party, due to the National Prosecuting Authority’s failure to submit its response on time.
Ngarivhume is appealing his conviction and sentence for inciting public violence by calling for the foiled protests on July 31, 2020. He was initially sentenced to four years in prison but is now serving a three-year term with a conditional suspension.
The appeal could not proceed because the NPA claimed it was unaware of the hearing due to new digital filing and virtual hearing procedures, ZimLive reported. Ngarivhume’s lawyer, Prof Lovemore Madhuku told reporters outside the High Court:
The state had not filed its heads of argument. We filed our heads of argument long back and the state indicated that because of the new online system, they had not been going to the court and were not aware that today was day of hearing so they need time.
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Madhuku maintains that the magistrate’s court court erred in sending Ngarivhume to jail “when it was clear he committed no offence.”
We’re making very clear arguments. We think that our client has reasonable prospects that the conviction was wrong. You will recall that the only reason why the magistrate convicted him was that he did not disclose at the time of questioning by the police that he did not have a Twitter account… that’s the sole issue. They said why did you not say it the first time you were interviewed by the police?
We are saying that is wrong. A person is permitted not to say anything to the police when they are arrested. It is going to evolve around that important point.
Madhuku requested Justice Chikowero to recuse himself, citing the judge’s prior dismissal of Ngarivhume’s bail application, indicating a preconceived opinion on the matter. Madhuku added that Jacob Ngarivhume’s appeal hearing has been postponed to November 14. He also criticised the state’s failure to provide evidence linking Ngarivhume to a Twitter account, deeming it “fatal” to their case. Before the hearing, Ngarivhume appeared in good spirits, engaging with supporters and fellow political prisoner Job Sikhala, who also seeks Chikowero’s recusal in a separate appeal.
