The Inter-Parliamentary Union (IPU) has reviewed the case of imprisoned former Zimbabwean Member of Parliament (MP) Job Sikhala.
They expressed their concern about the legal basis for his extended incarceration and criticised the handling of his trial. The IPU called for a fair assessment of the evidence and urged higher courts to adopt a just verdict.
They were dismayed by Sikhala’s detention in a maximum-security prison and the inhumane conditions he faced. The IPU recommended his provisional release and immediate medical care. They highlighted the oversight function of the Zimbabwean parliament and called for their examination of the allegations. The IPU also proposed a mission to discuss the case and find possible solutions. The Secretary-General was instructed to convey these decisions and continue engaging with the authorities.
Sikhala has been in prison for over a year, even though he had not been convicted of any crimes before May 2023. A lawyer and judge named Mr. Rahim Kahn from Botswana was sent by the Inter-Parliamentary Union to watch Sikhala’s trial and he found that the government did not have enough evidence to prove Sikhala did anything wrong. He said that it would be unfair to convict Sikhala based on the evidence they had. However, Sikhala was found guilty and given a suspended sentence and a fine. His case for incitement is still ongoing.
Observations and Recommendations
The Committee on the Human Rights of Parliamentarians made the following observations and recommendations to the Governing Council of the Inter-Parliamentary Union:
1. The Speaker of the National Assembly of Zimbabwe has provided information and assured the IPU Committee on Human Rights of Parliamentarians that they can visit Zimbabwe and meet with all parties involved.
2. Mr. Rahim Kahn conducted trial observations and submitted a comprehensive report.
3. The report highlights deficiencies in the legal proceedings against Sikhala, including inconsistent and unreliable evidence and the denial of bail. It suggests that the charges against him may be in response to his exercise of free speech.
4. Sikhala has been held in Chikurubi Maximum Security Prison since June 2022, with all bail applications denied. Reports indicate his health has deteriorated, and he is being held in inhumane conditions. The authorities are called upon to release him and provide necessary medical care.
5. The Parliament of Zimbabwe has oversight functions and can investigate such allegations.
6. Sikhala has been unable to participate in the 2023 elections due to his prolonged detention, hindering his right to take part in public affairs. He subsequently lost his Parliamentary seat.
7. The IPU Committee proposes a mission to Zimbabwe to discuss the case and possible solutions and hopes the authorities will receive the mission.
8. The decision is to be conveyed to relevant authorities, the complainant, and other interested parties.
9. The Committee will continue examining the case and report back later.