…State accuses MDC of plotting coup
Upenyu Chaota
The
treason charge against MDC national deputy chairperson and Zengeza West Member
of Parliament (MP) Job Sikhala has put the state and defense teams on a
collision path over interpretation of subverting a constitutionally elected
government with the defense counsel led by top lawyer Beatrice Mthetwa arguing
that President Mnangagwa is not the government and can be removed from power
before 2023.
treason charge against MDC national deputy chairperson and Zengeza West Member
of Parliament (MP) Job Sikhala has put the state and defense teams on a
collision path over interpretation of subverting a constitutionally elected
government with the defense counsel led by top lawyer Beatrice Mthetwa arguing
that President Mnangagwa is not the government and can be removed from power
before 2023.
Sikhala
appeared before the Masvingo High Court judge Justice Garainesu Mawadze early
this week facing subversion charges where he threatened to take “the war and
fight to President Mnangagwa’s doorstep and overthrow him before 2023
elections”.
appeared before the Masvingo High Court judge Justice Garainesu Mawadze early
this week facing subversion charges where he threatened to take “the war and
fight to President Mnangagwa’s doorstep and overthrow him before 2023
elections”.
The
state prosecutors led by Tawanda Zvekare built their case of treason arguing
that Sikhala and his party were plotting to topple the government by using
violence and force but had to be schooled on the technicalities of the case in
which Mthetwa pushed for the exception to trial arguing that the state had a
weak case.
state prosecutors led by Tawanda Zvekare built their case of treason arguing
that Sikhala and his party were plotting to topple the government by using
violence and force but had to be schooled on the technicalities of the case in
which Mthetwa pushed for the exception to trial arguing that the state had a
weak case.
The
case which was supposed to run for a week was postponed to February 14 pending
determination by the court on whether the case should go for a full trial or be
thrown out.
case which was supposed to run for a week was postponed to February 14 pending
determination by the court on whether the case should go for a full trial or be
thrown out.
The
state went to town arguing that the matter should go for a full trial saying
that they have video evidence and witnesses to the effect that Sikhala indeed
committed treason.
state went to town arguing that the matter should go for a full trial saying
that they have video evidence and witnesses to the effect that Sikhala indeed
committed treason.
Mthetwa
argued that Sikhala never threatened to overthrow the government but was
specific saying it was President Mnangagwa he wanted to see gone before 2023.
argued that Sikhala never threatened to overthrow the government but was
specific saying it was President Mnangagwa he wanted to see gone before 2023.
“Mnangagwa
is not the government of Zimbabwe. Sikhala’s statement doesn’t refer to the
government as the government does not comprise of one person.
is not the government of Zimbabwe. Sikhala’s statement doesn’t refer to the
government as the government does not comprise of one person.
“Sikhala
said we are going to overthrow ‘him’ meaning one person. If he had said we are
going to overthrow ‘it’, the State would then have had a better case.
said we are going to overthrow ‘him’ meaning one person. If he had said we are
going to overthrow ‘it’, the State would then have had a better case.
“Saying
President Mnangagwa will go before 2023 is not criminal because the
constitution provides for legal ways in which a sitting President can be
removed from office like through impeachment.
President Mnangagwa will go before 2023 is not criminal because the
constitution provides for legal ways in which a sitting President can be
removed from office like through impeachment.
“The
statement meant that Sikhala being a Member of Parliament, will take the war
and fight to President Mnangagwa’s doorstep through mobilizing for an
impeachment. There is nothing treasonous about that.
statement meant that Sikhala being a Member of Parliament, will take the war
and fight to President Mnangagwa’s doorstep through mobilizing for an
impeachment. There is nothing treasonous about that.
“President
Mnangagwa can be removed from office before 2023 because the constitution sets
out the process which can make that happen and that is what Sikhala meant,”
said Mthetwa.
Mnangagwa can be removed from office before 2023 because the constitution sets
out the process which can make that happen and that is what Sikhala meant,”
said Mthetwa.
She
gave reference to the removal of former president Robert Mugabe before the
expiry of his term, a move which the High Court declared as legal.
gave reference to the removal of former president Robert Mugabe before the
expiry of his term, a move which the High Court declared as legal.
Mthetwa
said that the state must not be confused by the use of words ‘war’ and
‘violence’ because they do not necessarily mean violence.
said that the state must not be confused by the use of words ‘war’ and
‘violence’ because they do not necessarily mean violence.
She
argued that there is nothing in Sikhala’s statement which points out that
President Mnangagwa will go through unconstitutional means.
argued that there is nothing in Sikhala’s statement which points out that
President Mnangagwa will go through unconstitutional means.
The
State, however, argued that Sikhala’s utterances meant that they are going to
use violence and force to usurp power from the government.
State, however, argued that Sikhala’s utterances meant that they are going to
use violence and force to usurp power from the government.
“President
Mnangagwa is the government and if you threaten to remove him it means you have
threatened to remove the government.
Mnangagwa is the government and if you threaten to remove him it means you have
threatened to remove the government.
“He
is addressed as the head of state which means everyone in government serves at
his pleasure. If you cut off the head everything else falls.
is addressed as the head of state which means everyone in government serves at
his pleasure. If you cut off the head everything else falls.
“Sikhala
meant that they are going to effect a coup on the government,” said State
prosecutor Zvekare.
meant that they are going to effect a coup on the government,” said State
prosecutor Zvekare.
