'Sikhala a victim of his own mischief'

JUSTICE Minister Ziyambi Ziyambi has described jailed Citizens' Coalition for Change (CCC) legislator Job Sikhala as a theatrical character, who is "author of his own situation".

The minister said the incarcerated lawmaker was abusing court processes and merely playing to the public gallery by making "ridiculous" court submissions – including a petition – in a futile bid to secure bail.

Speaking to NewZimbabwe.com on the side-lines of a Judicial Service Commission (JSC) workshop on standard sentencing guidelines held in Kadoma Monday, Ziyambi maintained President Emmerson Mnangagwa's administration had nothing to do with Sikhala's prolonged detention at Chikurubi Maximum Prison.

"The issue of Job Sikhala is not political; the Executive is not interfering whatsoever. The only thing that is happening is Job Sikhala is playing to the gallery and not following court processes," said the justice minister.

"Firstly, he was on remand and strictly given conditions, which conditions he violated. When you violate your bail conditions you are not given bail.

"Secondly, he (Sikhala) goes about collecting signatures and using a petition (and presents it) as changed circumstances. Courts are not supposed to be swayed by public opinion, but to pass judgements on basis of merit.

"He is just playing to the gallery, but he is one person who cannot pin-point at the Executive because he is the author of his own situation, he was given bail conditions and he violated those bail conditions."

Sikhala, arrested and in remand prison since June, is accused of inciting public violence that rocked the Nyatsime area following slain CCC activist, Moreblessing Ali death.

He is jointly charged with Godfrey Sithole, who is out on bail.

Sikhala has applied for bail record 10 times at the magistrate court without luck.

A Harare magistrate recently denied the firebrand lawmaker bail, describing him as an incorrigible and unrepentant person, without respect for the law.

The decision was guided by the fact Sikhala was arrested 63 times before.

This is despite the fact that the legislator was never been convicted on all of his numerous brushes with the law.

Sikhala and Sithole's trial was supposed to start last Thursday, but the imprisoned MP raised concerns over the impartiality of the presiding magistrate resulting in the case being rolled over to December 7 for ruling.

"We are aware this matter is scheduled for trial commencement. However, we have instructions to seek recusal of the magistrate from this matter," said Jeremiah Bamu representing Sikhala.

"This is respectfully because of the apprehension that the accused may not receive a fair trial if proceedings were to continue before you."