Harare magistrate Feresi Chakanyuka has sentenced former Zengeza West legislator Job Sikhala to nine months prison term wholly suspended for five years on condition that he does not commit a similar offense.
Sikhala who was last week convicted of communicating falsehoods was also fined US$500 to be paid by 4 March 2024 failing which he shall spend two months in prison
Speaking to journalists after the sentencing, Sikhala’s lawyer Harrison Nkomo said his client disagrees with the conviction and sentencing and will soon approach the High Court with an appeal.
“As you are aware, we just coming out of court for the sentencing of Job Sikhala for contravening section 31 subsection 1 paragraph 3 of the Criminal Law Codification basically a law criminalizing publication of falsehoods, a law nullified by the Constitutional Court, the highest court of the land in 2014, that not withstanding the magistrate proceeded to pronounce a sentence and Job Sikhala has been sentenced as follows; 9 months imprisonment wholly suspended for five years on condition that he does not commit a similar within the specified period, further to that he has been ordered to pay a fine of US$500 failing which he shall spend an effective 2 months in prison and has been ordered to pay that on the 4th of March 2024,” said Nkomo.
Nkomo said the judgement has no foundation as it is based on a section of the law that was struck off the statutes.
“We are going to file our appeal as a registration of our displeasure of the judgement, we disagree with it, it has no foundation, it is not sound, the law nolonger exists and it is wrong for a court to convict someone on law that no longer exists. the effect of a striking of a section by the Constitutional Court means it is dead, how does it resuscitate no ways it cant,” said Nkomo.
Meanwhile, Sikhala still has two outstanding cases which were both concluded and waiting rulings.
