News / National
Sikhala wants magistrate recusal
15 Jul 2022 at 09:03hrs | Views
CCC Member of Parliament for Zengeza West Job Sikhala wants another magistrate to preside over his case where he is charged with allegedly telling mourners at Moreblessing Ali's funeral in Nyatsime that she was kidnapped and murdered by Zanu-PF supporters.
The State will respond to his application today.
Sikhala appeared before Harare regional magistrate Mr Ngoni Nduna yesterday charged with defeating or obstructing the course of justice.
Before he was formally further remanded, Sikhala through lawyers Mrs Beatrice Mtetwa and Mr Jeremiah Bamu applied for the recusal of Mr Nduna from presiding over the matter.
He argued that Mr Nduna would be biased because he once denied him bail in a case he is accused of communicating falsehoods prejudicial to the State after he allegedly falsely posted on his Facebook page that a police officer had beaten to death a child with a baton in Harare.
The lawyers said although the magistrate then said Sikhala had alleged the police used a baton to kill a child, this was not what was on the remand form submitted by the State in that remand hearing.
Mr Bamu said the State had deliberately placed Sikhala in an anti-corruption court despite other people arrested over a similar incident were appearing in an ordinary court and despite that charge having nothing to do with corruption.
He argued that Precious Jeche, who is jointly charged with Shepherd Bulakasi and Chauya Shopa, were not placed in an special anti-corruption court despite having been arrested over the same incident.
"The State chose an anti-corruption court because it is the specific court which comprises of judicial officers that the State and entire public would come to associate as being hostile to civil members and political activists," he said.
"As evidence of that, the accused submits that outside himself, Hopewell Chin'ono, Tendai Biti, Fadzayi Mahere and a few other media practitioners and civil society members whose matters have nothing to do with corruption, are also placed in an anti-corruption court."
The State will respond to his application today.
Sikhala appeared before Harare regional magistrate Mr Ngoni Nduna yesterday charged with defeating or obstructing the course of justice.
Before he was formally further remanded, Sikhala through lawyers Mrs Beatrice Mtetwa and Mr Jeremiah Bamu applied for the recusal of Mr Nduna from presiding over the matter.
He argued that Mr Nduna would be biased because he once denied him bail in a case he is accused of communicating falsehoods prejudicial to the State after he allegedly falsely posted on his Facebook page that a police officer had beaten to death a child with a baton in Harare.
Mr Bamu said the State had deliberately placed Sikhala in an anti-corruption court despite other people arrested over a similar incident were appearing in an ordinary court and despite that charge having nothing to do with corruption.
He argued that Precious Jeche, who is jointly charged with Shepherd Bulakasi and Chauya Shopa, were not placed in an special anti-corruption court despite having been arrested over the same incident.
"The State chose an anti-corruption court because it is the specific court which comprises of judicial officers that the State and entire public would come to associate as being hostile to civil members and political activists," he said.
"As evidence of that, the accused submits that outside himself, Hopewell Chin'ono, Tendai Biti, Fadzayi Mahere and a few other media practitioners and civil society members whose matters have nothing to do with corruption, are also placed in an anti-corruption court."
Source - The Herald
