HARARE – Transform Zimbabwe leader Jacob Ngarivhume has been sentenced to four years in jail on charges of inciting public violence in 2020, as ruled by Harare magistrate Feresi Chakanyuka on Friday.
However, Ngarivhume will serve only three years as one year has been suspended on condition of good behaviour.
In a bid to secure a lenient sentence, Ngarivhume’s lawyer, Lovemore Madhuku, pleaded for his client to be allowed to contest in the upcoming elections.
“Sending him to prison is sending an opponent of the President of Zimbabwe [Emmerson Mnangagwa] to jail. This will be bad in the eyes of the international community. He must be allowed to participate in an election,” Madhuku said.
However, Chakanyuka stated that fining Ngarivhume would trivialise the offence.
Madhuku attempted to block the sentencing by referring the case to the Constitutional Court, alleging that his client’s rights were violated. Nevertheless, his efforts were unsuccessful.
“We intend to make an application of the case to the Constitutional Court for use of section 192 of Criminal Law Codification and Reform Act,” Madhuku said.
“The section is unconstitutional. It infringes a number of rights. It is an irrational fringe of the right to liberty. It is an infringement of section 56 of the Constitution, the right to protection by the law.
“The court cannot continue sentencing before this is addressed. The accused is challenging the basis upon which he will be sentenced.”
State oppose Ngarivhume appeal
The State, represented by Tendai Shonhai, opposed Madhuku’s application, calling it frivolous.
“It’s common cause that after conviction sentencing follows. In this case, the reason for postponement being sought by the accused is not even necessary. This is a delaying tactic by the accused person.
“They made several applications, but not this particular one, so we pray that the court proceeds to sentencing after mitigating.”
Ngarivhume was accused of inciting public violence in July 2020.
The verdict comes amid concerns about the government’s crackdown on opposition figures and civil society groups.
The United Nations, the European Union, and human rights organisations have previously expressed their concerns about the ongoing situation in Zimbabwe.
The situation in Zimbabwe has drawn the attention of the international community, and the sentencing of Ngarivhume is sure to heighten scrutiny.
The Zimbabwean authorities must be mindful of the impact their actions have on the country’s image on the global stage.