The High Court Judge Justice Samuel Deme has indefinitely reserved judgement on the bail application incarcerated Citizens Coalition for Change (CCC) member and Zengeza West legislator Job Sikhala.
Sikhala has been in custody for six months without trial on charges of inciting public violence following the death of CCC activist Moreblessing Ali who was murdered in the Nyatsime area in June.
In his argument, Sikhala’s lawyer Advocate Thabani Mpofu said the magistrates court erred in denying bail to the combative politician on the basis he was an incorrigible criminal based on the fact that he was arrested 63 times.
Advocate Mpofu said Sikhala in all the 63 arrests, Sikhala did not have a single conviction.
Posting on Twitter, Kuwadzana East Member of Parliament, Charlton Hwende said the latest development is a sign that Sikhala’s issue is no longer legal but political.
“Hon Job Sikhala bail application ruling suspended indefinitely. Sadly our Judiciary is captured. Bail is a Constitutional right and Job is being punished by his political rivals who have captured the State and judiciary. This is no longer a legal matter but a political matter!!
“To expect a legal solution to a political problem in my view is wrong. We must examine the political options that we have as a people and exercise our rights to protect ourselves as citizens. This judiciary stole our victory they must not be allowed to steal our FREEDOM,” said Hwende.
Sikhala was represented by Advocate Thabani Mpofu who argued that the Magistrate had erred in finding that the legislator was an incorrigible criminal because he has been arrested 63 times and never been convicted.
“The magistrate erred in refusing bail based on an allegation that Sikhala had breached his bail conditions. At law when bail conditions are breached, bail is revoked. In this case, the State has not been able to meet the threshold to revoke,” Advocate Mpofu argued.
