Advocate Nyamakura tells the court that Chin’ono ought not to be in court because he is ill and exhibits symptoms his special physician suspects to be Covid-19.
His condition maybe exposing everyone else in the court room as prisons authorities forced him to come to court
Nyamakura tells the court that Chin’ono’s condition requires him not to be in contact with other people until he is given the green light to do so by his physician
ZPCS dragged Chin’ono out of his cell on the pretext that his physician wanted to see him only for him to realise that he was misled before they manhandled him into the van to court.
State tells the court that they received Chin’ono’s docket today and needs time to peruse it to come up with a probable trial date
Magistrate Nduna consents and adjourns the court
The Defence and State consent for the matter to be remanded to the 14th of September.
Sikhala Court Update
The bail hearing of Job Sikhala now starts two hours behind the scheduled time
State counsel Garudzo Ziyaduma now re-examines detective Mukohwa who is the investigating officer in the case
States that he started investigating the case as an Enquiry Register (ER) 42/2020 on 17 July 2020
Advocate Matinenga objects the basis of mentioning issues to do with ER which is not in the record.
Magistrate Lazini Ncube concedes with Matinenga and tells the State to consider another line of questioning.
Mukohwa states that outlining the offence Sikhala was being sought for in the police press statement would jeopardise investigations
On the assault case,Mukohwa wanted the court to know that he was not the one investigating the case and would not know its circumstances
Re-examination ends and the defence now calls Beatrice Mtetwa to take the witness stand.
Mtetwa tells the court that she has been practicing law for the past 39 years and knows Sikhala through the Masvingo High Court case as her client
Mtetwa now taking the oath
Harrison Nkomo one of Sikhala’s lawyers starts cross examining her
Sikhala also called on the same day stating that unidentified persons in unmarked cars had visited his home and had reportedly refused to leave their particulars
She knows him as a public figure and on the 20th of July 2020,Sikhala called her to confirm whether journalist Hopewell Chin’ono had been taken from his home.
Sikhala requested her to enquire whether the police CID Law and Order section were looking for him so that they could arrange to meet them if this was so. Sikhala was at his rural home
Mtetwa went to the Law and Order section under Sikhala’s instruction and asked whether they sought Sikhala and anyone else.
Detective Chibaya officer in charge at Law and Order told her that they knew how they would find their subjects if they needed them
Mtetwa wrote a letter addressed to Chibaya and delivered it to him in the company of lawyer Gift Mtisi.
Sikhala Court Update
Chibaya read the letter and stated that they were not looking for Sikhala on 21 July 2020 as the letter contained a message that Sikhala would avail himself upon return from his rural home.
Court briefly adjourns
Mtetwa tells the court that officer in charge CID Law and Order Harare refused to sign the letter informing them that Sikhala was ready to cooperate with the police if they sought to interview him.
State led by Ziyaduma now re-examines Mtetwa
Sikhala cooperated with the police on the 2019 subversion charges
Mtetwa leaves the stand and Albert Masaka editor and publisher of ZC News takes the witness stand
Lawyer Jeremiah Bamu starts cross examining him
Masaka tells the court that he once interacted with Sikhala.
Masaka tells the court that he interviewed Sikhala on 14 July 2020
He interviewed him at Sikhala’s offices in Chitungwiza after seeing graffiti on the walls in Chitungwiza demandingding the release of Sikhala over the 2019 subversion case
Sikhala told him he had no peace since his acquittal on the case
State now re-examines Masaka
Masaka tells the court that the graffiti all over Chitungwiza was a message calling for the end of persecuting Sikhala
Sikhala said there were people after him
Sikhala’s utterances during the interview outlined his position
The video interview was accompanied by a full story on the ZC News website
Ziyaduma goes through the story on the website to guide him in his next line of questions
Masaka denies that the Sikhala interview was not a coincidence as mentioned by the State
The interview was prompted by the graffiti on most Chitungwiza durawalls concerning Sikhala’s persecution
Advocate Matinenga calls Sikhala on the witness stand
Tells the court that he has been a Zengeza West MP from July 2018 and from 2000 to 2008 he was legislator for St Mary’s constituency
Started being critical of government in 1990 when it wanted to declare a one party State
Supported the youths and all those agitated by the government’s intention at the age of 16
In 1996 he became elected secretary for information and publicity for students at the University of Zimbabwe
Was part of the MDC formation in 1999 and was elected to the position of secretary for security and intelligence at the 2000 MDC inaugural congress
In 2019 he was elected to be the MDC Alliance’s deputy chairperson
The name Wiwa came into existence in 1997 after the arrest of Saru Ken Wiwa who was arrested in Nigeria by Sani Abacha without trial
Says his words at Mandadzaka business centre,Bikita were not favoured by the government in 2019
The words, “we are going to take to the doors steps of Emmerson Mnangagwa….we are going to remove him before 2023…” disturbed the government
In 2019 detective Chief lnspector called Sikhala to his office on allegations of subverting a constitutionally elected government and said he would avail himself the following day
On 9 July 2019 he went to the CID Law and Order section in Harare with his lawyers
Chibaya told him that he was a public figure and detectives could get his number anywhere after asking him how he contacted him
Been using the number for the past 20 years
An acquittal on the subversion charge arose due to the fact that Sikhala’s words did not constitute a crime
The State challenged the acquittal which was dismissed at the Supreme Court
Detective Chibaya did not call Sikhala over the current charge,but instead Sikhala called him asking why the police sought an interview
Chibaya was at a funeral and expressed no knowledge of this
Called Beatrice Mtetwa after learning of Hopewell Chin’ono’s arrest and instructed her to go and ask whether Law and Order also wanted him so that he could report there pronto
Sikhala’s offices are located within 20 metres from the main police station in Chitungwiza
The police were not looking for Sikhala who moved freely and had court appearances at Chitungwiza
Sikhala says he will never ever runaway from persecution
Says he is an apostle of non violent confrontation but the State imposed violence upon him
Narrates of his torture and brutalisation at the hands of the State
Sikhala tells the court that the struggle for social justice has never been fought on the plane of violence and the State should not invite him in a territory he was not part of.
Was granted bail on subversion charges and never defaulted bail condition
Never defaulted bail in any of the past 64 cases that have brought him before the courts
Was arrested in his bedroom with his wife and was never in the ceiling as alleged by the State. Anybody who believes that he was in the ceiling with his frame of body needs psychiatric attention
Makore brought a search warrant for bombs and matcher at his in-laws house. Job Sikhala became manna from heaven as he was not a subject on the warrant
Had never heard of the police’s press statement and I seeing it before the court
Denies knowledge of a pending assault case at St Mary’s as well as the charges of violating the Urban Councils Act
He has no pending matter before any court in Zimbabwe
Am not a flight risk and have never absconded even more serious matters such as treason or subversion
MPs net ZWL15 000 monthly and lawyers net US$15 000 or ZWL150 000 on a bad month
Has 11 children, the oldest is 20 while the youngest is 1 year 3 months old all depending on him
Owes support to 15 Gutu farm workers,8 employees at his law firm, assists his uncle’s who have no financial assistance as well as members of his constituency
Owes Farm 35 in Deure and the police never looked for him there
Detectives Makore and Mukohwa know his office and frequent it for money for lunch or beer.
Denied the luxury of a diplomatic passport and states that he can surrender the one he has at any time
July 31 has come and gone.
Is not a fan of violence. He is a fan of Martin Luther King and Mahatma Gandi’s theory of the struggle
State co-counsel Tendai Shonhai starts re-examining Sikhala
States that he did not know the police were after him and was arrested two days after leaving his rural home
Hopewell Chin’ono’s call alerted him that the police were after him and he immediately despatched Mtetwa to go and enquire whether CID Law and Order sought to interview him
Have always visited Law and Order upon request
State is forming an illusion that l was not at my rural home.
Went to Tynwald to check on the security of his wife who was being followed by thugs after his brother in law who is in Bulawayo offered her the house
Farm 35 is known as his second address at Law and Order and the police looked for him at village where he does not stay
Denies being arrested from the ceiling
Arresting officer came visibly drunk such that he was not supposed to be on duty
Says arresting officer told him that they would oppose his bail at the court on their way to Harare Central police station
Can take the State for an inspection in loco over the video he was recorded in a bushy area claiming to be his rural home
Re-iterates that he called detective Chibaya
Pre-trial incarceration is being frowned upon by our new Constitution
State vigorously opposed bail in the Masvingo High Court subversion case
Sikhala leaves the witness stand and Advocate Matinenga advocates for the matter to continue tomorrow in consultation with the State at 11:00am