OPPOSITION activist and former Zengeza West legislator Job Sikhala has won a High Court appeal against criminal conviction and sentence by magistrate Feresi Chakanyuka for publishing falsehoods on his social media platform.
He was arrested for publishing on his Facebook page that a police officer had killed a child with a baton after a video of a crying woman grabbing a policeman by the collar saying he had killed her baby went viral.
Delivering the judgment Chakanyuka said the law was clear that the court must deal sternly with those who publish falsehoods against the police before fining the Sikhala US$500.
According to an order gleaned by NewsDay, the High Court quashed Sikhala’s conviction.
“Whereupon, after reading documents filed of record and hearing counsel, it is ordered by consent that the appeal be and is hereby allowed and the appellant’s conviction is quashed.”
Sikhala was being represented by Harrison Nkomo who also represented journalist Hopewell Chin’ono in a similar case arguing that there is no crime called “Publishing or communicating false statements prejudicial to the State.”
Sikhala was released a few months ago after spending 595 days in pre-trial detention on a charge of inciting public violence.
He became the second opposition member to be convicted of the same offence after his former colleague in the opposition Citizens Coalition for Change (CCC) Fadzayi Mahere was fined US$600.
Sikhala was incarcerated at Chikurubi Maximum Security Prison awaiting trial on a charge of inciting violence following the death of Moreblessing Ali, a party supporter.
He has since left the CCC to lead his own movement.
