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<p>Political activist Paddington Japajapa has been sent to prison to serve a two-year jail term after the High Court denied his appeal to overturn his conviction and sentence for inciting public violence during the announcement of election results in August 2018.</p>
<p>Japajapa “made inciting remarks” when he criticised the Zimbabwe Electoral Commission (ZEC) and threatened to “cause chaos in the country,” <a href="https://www.herald.co.zw/japajapa-starts-serving-jail-term/">The Herald reported</a>. He was found guilty of breaching electoral laws and initially sentenced to three years, with one year suspended. The High Court rejected his appeal, stating that there was insufficient evidence to overturn the trial magistrate’s decision. </p>
<p>Justice Kwenda rejected the appeal against Japajapa’s conviction and sentence. The High Court found no compelling evidence to interfere with the trial magistrate’s decision. Japajapa was captured in a video clip making “inciting” remarks, which he initially denied but later admitted to in mitigation. The High Court noted contradictions in his testimony and rejected his argument that the video was manipulated by the State. Japajapa’s claim of succumbing to temptation was also considered in the sentencing. Justice Kwenda ruled:</p>
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<p><em>It does not make sense that the appellant would deny making the inflammatory utterances and in the next breath admit making them albeit innocently. It is either he uttered the words or he did not</em>.</p>
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<p>The High Court found no misdirection and stated that the magistrate court’s decision to impose imprisonment was justified, considering the impact of Japajapa’s inflammatory statements on the subsequent disturbances.</p>
<p>During the trial, it was revealed that Japajapa made inflammatory statements during a press conference over ZEC’s delays in announcing the results of the presidential election. He alleged that ZEC was conniving with ZANU PF to manipulate election results in favour of President Emmerson Mnangagwa. The judge emphasised that Japajapa should have known the impact his words would have on his supporters. His actions allegedly led to widespread violence and protests in Harare, resulting in property destruction. The State deployed soldiers and police who fired live ammunition at civilians and killed six people in the CBD. The trial court found Japajapa guilty of interfering with the announcement of election results and inciting violence.</p>
<p>In 2019, the MDC Alliance expressed concern over the conviction and sentencing of Paddington Japajapa. They argued that Japajapa’s claims of election rigging were shared by many Zimbabweans and that politicians have the right to express their opinions. The MDC criticised the government for charging individuals with trumped-up crimes and called on citizens, as well as regional and international communities, to stand against these human rights violations. They emphasised the need for a truly free, fair, and credible election to restore legitimacy and protect citizens’ rights in Zimbabwe.</p>
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>


Pindula News

Japajapa Jailed "For Inciting" August 1, 2018 Violence

<p>27 alleged protesters arrested following the August 1 violence were yesterday removed from remand.</p>
<p>The alleged protesters, who include former Zanu PF youth leader Jim Kunaka, have been on remand for nearly eight months, with the State yet to finalise its investigations. They had applied for removal from remand for the second time. The first time they lodged the application, it was dismissed. Provincial magistrate Rumbidzai Mugwagwa ruled that the accused persons have the right to be tried within a reasonable time.</p>
<p>Mugwagwa noted that the courts had already resolved the public violence trials of January 14 and that there is no reason “to treat this matter differently.” She said when the State is ready,the protesters will be summoned.</p>
<p>More: <a href="https://www.dailynews.co.zw/articles/2019/03/29/kunaka-removed-from-remand">Daily News</a></p>


Jim Kunaka Removed From Remand

<p>Making his submissions before the Commission of Inquiry into the post elections violence today, Nelson Chamisa said his party did not organise the protest that happened on 1 August.</p>
<p>He said his party does not organise protests secretly. Said Chamisa:</p>
<blockquote><p>We did not give any instructions to demonstrate on the 1st of August 2018, we are an organised party. Decisions to demonstrate are not made Nicodemusly and we even inform the police.</p></blockquote>
<p>He added that the people who protested and vandalised property in Harare should have been arrested as he gave an instruction to Mpofu that whoever starts destroying property should be arrested. Said Chamisa:</p>
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<div class="bsaProItemInner__img">The protesters who were demonstrating should have been arrested because I told Obert Mpofu that once a person starts destroying property is now a criminal and must be arrested. There was need for Mpofu to call me over what was transpiring in the CBD.</div>
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<div>More: <a href="https://263chat.com/chamisa-denies-responsibility-for-1st-of-august-protests/">263Chat</a></div>
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Chamisa Denies Organising August 1 Protests

<p>Mrs Elizabeth Rubinstein, whose brother Gavin Dean Charles died on August 1, said the people responsible for the deaths that occurred should face justice.</p>
<p>Said Rubinstein:</p>
<blockquote><p>What happened was brutal and indescribable and the perpetrators should face justice. The soldiers who shot him should be brought to justice because anybody who shoots at unarmed people should face justice.</p></blockquote>
<p>Tineyi Zhuwao, whose brother Brian was killed on August 1 when soldiers opened fire on civilians, urged the Government to provide assistance to families left behind by the deceased. Said Zhuwao:</p>
<blockquote><p>My plea is that Government should provide assistance to the families that were left behind. My brother left behind a wife and one child, so if Government could provide assistance for the family following the loss of my brother who was the bread winner.</p></blockquote>
<p>More: <a href="https://www.herald.co.zw/post-poll-violence-probe-team-assesses-damages/">Herald</a></p>


Soldiers Should Face Justice For Killing Civilians On August 1, Govt Should Take Care Of Families Left Behind