Prosecutor General Kumbirai Hodzi has filed a Supreme Court appeal against the acquittal of outspoken MDC legislator Job Sikhala who was recently set free by the Masvingo High Court of treason charges.
On February 14, Justice Garainashe Mawadze granted an application by Sikhala for exception to the charges.
“The applicant herein is the Prosecutor General of Zimbabwe who is the head of the National Prosecuting Authority which in terms of the Constitution, is the institution tasked with the prosecuting of criminal matters before the courts.
“This is an application for leave to appeal to the Supreme Court in terms of Section 44 (6) and (b) of the High Court Act, Chapter 7.06. Applicant seeks leave to appeal against the decision of the high Court which was handed down by his Lordship Mawadze J on the 14th February 2020 under cases numbers HMA 04/20 and CRB 04/20.
“Applicant submits that there are prospects of success on appeal against Mawadza J’s decision. The learned judge erred on both points of law and on the facts on a view which could not reasonably be entertained.
“The court a quo misdirected itself on a point of law by ignoring that for attempting to overthrow the government it is not an essential element of the offence to show or prove the attitude of the guidance i.e whether the audience was responsive or not responsive to the uttered words or utterances.
The outspoken lawmaker was arrested after declaring, while campaigning in Bikita, that “we will overthrow Mnangagwa before 2023.”
Sikhala’s lawyer, Beatrice Mtetwa successfully argued that Sikhala did not call for the unconstitutional removal of Mnangagwa and neither did he call for the unlawful removal of a government.
