News / National
Chibaya, Machingauta fined for unlawful gathering, avoid jail time
09 Apr 2025 at 22:24hrs | Views
Former Citizens Coalition for Change (CCC) legislators Amos Chibaya and Costa Machingauta have been spared jail after a Harare magistrate fined them US$500 each following their conviction for participating in an unlawful gathering in January 2023.
Magistrate Sharon Rakafa, who presided over the case, also sentenced the two politicians and three fellow party activists - Monica Mukwanda, Aletta Viremai, and Lancelot Tungwarara - to 12 months in prison, wholly suspended on condition they do not commit a similar offence within that period. Failure to pay the fines would result in six months behind bars.
In her sentencing remarks, Rakafa said the court had taken into account that all five were first-time offenders.
"They are first-time offenders and they should be given a chance to reform," she said. "They are all breadwinners and each of them is involved in community work with the aim to empower the less privileged."
The five were convicted of contravening provisions of the Maintenance of Peace and Order Act after prosecutors proved they had participated in an unsanctioned political gathering at Machingauta's home in Harare's Budiriro suburb on January 14, 2023.
According to the state, 25 people gathered at the former MP's residence for what was described as a CCC presidential assembly meeting. The meeting had reportedly been organised via social media by Tungwarara.
While 20 of the accused were acquitted, with the magistrate ruling they were victims of a "dragnet arrest," the court found that Chibaya, Machingauta, and the three others had indeed mobilised for the meeting and were wearing CCC regalia, including caps, helmets, and T-shirts.
During the gathering, the court heard, the group chanted the CCC slogan "Ngaapinde hake Mukomana, 2023 Chamisa chete chete" — a rallying call in support of the party's then leader Nelson Chamisa.
Police in Budiriro reportedly acted on a tip-off and found the group still assembled. According to testimony, officers instructed the crowd to disperse, but the order was ignored, prompting the arrests.
The sentencing comes amid continued scrutiny over the use of public order laws against opposition activists in Zimbabwe. Human rights watchdogs have frequently criticised what they view as selective application of the law, while the government maintains it is acting within legal boundaries to maintain public order.
Magistrate Sharon Rakafa, who presided over the case, also sentenced the two politicians and three fellow party activists - Monica Mukwanda, Aletta Viremai, and Lancelot Tungwarara - to 12 months in prison, wholly suspended on condition they do not commit a similar offence within that period. Failure to pay the fines would result in six months behind bars.
In her sentencing remarks, Rakafa said the court had taken into account that all five were first-time offenders.
"They are first-time offenders and they should be given a chance to reform," she said. "They are all breadwinners and each of them is involved in community work with the aim to empower the less privileged."
The five were convicted of contravening provisions of the Maintenance of Peace and Order Act after prosecutors proved they had participated in an unsanctioned political gathering at Machingauta's home in Harare's Budiriro suburb on January 14, 2023.
According to the state, 25 people gathered at the former MP's residence for what was described as a CCC presidential assembly meeting. The meeting had reportedly been organised via social media by Tungwarara.
While 20 of the accused were acquitted, with the magistrate ruling they were victims of a "dragnet arrest," the court found that Chibaya, Machingauta, and the three others had indeed mobilised for the meeting and were wearing CCC regalia, including caps, helmets, and T-shirts.
During the gathering, the court heard, the group chanted the CCC slogan "Ngaapinde hake Mukomana, 2023 Chamisa chete chete" — a rallying call in support of the party's then leader Nelson Chamisa.
Police in Budiriro reportedly acted on a tip-off and found the group still assembled. According to testimony, officers instructed the crowd to disperse, but the order was ignored, prompting the arrests.
The sentencing comes amid continued scrutiny over the use of public order laws against opposition activists in Zimbabwe. Human rights watchdogs have frequently criticised what they view as selective application of the law, while the government maintains it is acting within legal boundaries to maintain public order.
Source - zimlive
