By Costa Nkomo
Citizens Coalition for Change (CCC) faction leader Jameson Timba and 34 other party members have been convicted for participating in an unlawful gathering.
They face up to five years in prison or a fine.
Thirty other party activists were acquitted.
Harare Magistrate Collet Ncube ruled that the prosecution failed to establish a prima facie case against the acquitted individuals, stating that the state did not prove their presence at the scene of the alleged offence.
The acquitted activists testified that their arrest occurred outside Timba’s residence, before reaching the alleged gathering point.
Defence counsel Webster Jiti commented on the judgment: “The court made the conviction on two fundamental grounds. It divided the group. Those who were at number 6 Downe Road were all found guilty. Those who were not at number 6 Downe Road were all acquitted.”
He added that the defence would offer a more comprehensive response after the conclusion of the matter next week. The matter was rolled over to Monday the 25th of 2024 for the pre-sentencing proceedings.
This ruling brings the total number of acquitted CCC activists to 42 out of the 79 initially arrested on June 16, 2024, leaving 37 convicted. The arrests took place at Timba’s residence in Avondale, Harare, during a celebration marking the Day of the African Child.
In a separate development, High Court Justice Gibson Mandaza granted bail of US$500 to former Mkoba North MP Amos Chibaya, charged with incitement to commit public violence stemming from an address to a crowd outside Harare Magistrates Court on June 20, 2024.
Justice Mandaza deemed Chibaya not a flight risk, citing his lack of prior convictions and his cooperation with police regarding prior court appearances. The court imposed conditions including non-interference with state witnesses, residence at a specified Gweru address, and bi-weekly reporting to Gweru Central Police Station.
Chibaya was arrested on 26 September 2024 and was charged with incitement to commit public violence.
