By Costa Nkomo
Harare Magistrate Collet Ncube, Wednesday, issued wholly suspended prison sentences to Senator Jameson Timba and 34 other Citizens Coalition for Change (CCC) activists following their conviction last week for unlawful gathering with intent to promote public violence.
The charges stemmed from a June 16, 2024, gathering at Senator Timba’s Avondale residence to commemorate the Day of the African Child. Originally, 78 individuals were arrested, but the number of defendants was later reduced.
The accused were denied bail three times—twice by the Harare Magistrates’ Court and once by the High Court—resulting in approximately six months of pre-trial detention. The convictions were based on admissions made during cross-examination that the group had gathered for the commemoration.
Although the defendants claimed innocence, the court ruled that the state had proven its case.
In determining sentences, Magistrate Ncube acknowledged the state’s recommendation of 36-month prison terms with 12 months suspended. However, he took into account the defendants’ socioeconomic circumstances, lack of employment, status as first-time offenders, and time already served in detention.
The court also differentiated between Senator Timba, event convener Jason Kautsa, and the remaining activists. The state argued for harsher sentences for Timba and Kautsa, citing Timba’s provision of his residence for the event and Kautsa’s role as organizer.
While injuries to police officers were mentioned, Magistrate Ncube noted they were not life-threatening.
Senator Timba and Jason Kautsa were handed two years’ imprisonment, wholly suspended for five years, conditional upon good behavior and refraining from similar offenses.
A group of eight activists were handed Fourteen months’ imprisonment, wholly suspended for five years under the same conditions.
Fourteen activists were handed Sixteen months’ imprisonment, wholly suspended for five years under the same conditions.
The court explicitly factored in the defendants’ poverty, lack of stable employment, and their roles as breadwinners, determining that further incarceration would disproportionately harm their families.
The court highlighted the mitigating factors of the defendants being first-time offenders and the nearly six months they had already served in pre-trial detention. Magistrate Ncube concluded that wholly suspended sentences were appropriate given the circumstances.
