THE High Court will tomorrow hear an appeal by Transform Zimbabwe‘s Jacob Ngarivhume who is challenging his conviction and sentence for plotting anti-government protests.
The appeal was initially to be heard yesterday, but the court moved the hearing to tomorrow after the parties met Justices Benjamin Chikowero and Pisirayi Kwenda, the appeal judges, in chambers.
Ngarivhume is appealing against his conviction and sentence accusing magistrate Feresi Chakanyuka of failing to observe crucial elements exonerating him.
He was sentenced to four years but is serving three years after part of his jail term was suspended conditionally.
High Court judges Justices Kwenda and Chikowero were expected to hear the case from November 14, but the matter was postponed on several occasions.
The State once indicated it was not aware of the set down date.
His lawyer, Lovemore Madhuku, said he filed his client’s application months ago.
“We are making very clear arguments. 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 X account,” Madhuku saud.
The constitutional law lecturer said Ngarivhume committed no crime, adding that the State failed to provide evidence that he owned the X account that he was alleged to have used to commit the offence.
Madhuku said they would also be seeking recusal of Justice Chikowero after he turned down his application for bail pending appeal.
The court says the State proved beyond reasonable doubt that in July 2020, Ngarivhume used his X account to urge Zimbabweans to protest against corruption and economic decay.
But he denied any wrongdoing saying the account in question did not belong to him.