Opposition activist Godfrey “Madzibaba veShanduko” Karembera has been acquitted of charges of incitement to participate in a gathering with intent to promote public violence after a court found that the State had failed to establish a case against him.
Karembera had been jointly charged alongside fellow opposition activists Jim Kunaka and Malcolm Masarira under Section 187(1)(a), read together with Section 37 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The trio was accused of inciting members of the public to participate in gatherings allegedly intended to promote public violence, breaches of peace or acts of bigotry in the Harare suburbs of Machipisa, Highfield, Budiriro and Glen View.
However, at the close of the State’s case, the accused through their lawyer Paidamoyo Saurombe applied for discharge arguing that prosecutors had failed to present sufficient evidence linking them to the alleged offences.
The defence maintained throughout the trial that the three activists were not present at the locations where the alleged incidents occurred and denied distributing flyers or encouraging members of the public to engage in any unlawful activities.
In his defence, Karembera rejected allegations that he had participated in the alleged mobilisation efforts or incited violence.
Following consideration of the evidence presented by the prosecution, the court ruled that there was insufficient evidence to place Karembera on his defence and acquitted him.
The acquittal marks the latest development in another case in which politicians, activists and journalists have been arrested and remanded in custody for lengthy periods before being set free.
The State had alleged that the accused sought to mobilise people to participate in gatherings intended to cause public disorder.
However, the defence argued that the prosecution had failed to produce credible evidence proving either their presence at the alleged scenes or their involvement in distributing material linked to the charges.
Kunaka and Masarira were also set free.
