HARARE – The High Court in Zimbabwe has postponed the hearing of an appeal by Jacob Ngarivhume, the imprisoned leader of the opposition Transform Zimbabwe party.
The deferral comes after the National Prosecuting Authority (NPA) failed to submit its response within the prescribed timeframe.
Ngarivhume is appealing his conviction and sentencing for incitement of public violence after he called for nationwide protests on July 31, 2020, which led to his four-year imprisonment.
However, part of his sentence was conditionally suspended, effectively making it three years.
The appeal, scheduled to be heard before Justice Benjamin Chikowero and Justice Pisirayi Kwenda, did not proceed as planned.
The NPA claimed it was unaware of the hearing, citing new court procedures, particularly digital filing and virtual hearings, as the reason for the confusion.
Simultaneously, Jacob Ngarivhume’s legal counsel, Professor Lovemore Madhuku, submitted an application requesting that Justice Chikowero recuse himself from the case.
Madhuku argued that Chikowero had previously heard and rejected Ngarivhume’s application for bail pending an appeal, implying that the judge had already formed an opinion on the matter.
Speaking to reporters outside the High Court, Madhuku elaborated on the situation, saying, “The state had not filed its heads of argument.”
“We filed our heads of argument long ago, and the state indicated that because of the new online system, they had not been going to court and were not aware that today was the day of the hearing, so they need time.”
The crux of Ngarivhume’s appeal lies in his contention that the magistrate’s court wrongfully imprisoned him, as he believed he had committed no offense.
Madhuku stressed this point, saying, “We think that our client has reasonable prospects that the conviction was wrong. You will recall that the only reason why the magistrate convicted him was that he did not disclose at the time of questioning by the police that he did not have a Twitter account… that’s the sole issue.
“They said, ‘Why did you not say it the first time you were interviewed by the police? We are saying that is wrong. A person is permitted not to say anything to the police when they are arrested. It is going to revolve around that important point.”
Moreover, Madhuku highlighted that the state’s inability to produce evidence showing that Ngarivhume owned the Twitter account was a critical error in the case.
Jacob Ngarivhume’s appeal has been rescheduled for November 14, and his legal team intends to seek the recusal of Justice Chikowero from the matter due to his previous involvement.
Ngarivhume appeared in high spirits before the hearing, engaging with supporters and fellow political prisoner Job Sikhala, who is also pursuing Chikowero’s recusal in his separate appeal.
