Zimbabwe: Ngarivhume Exception Bid Dismissed

4 July 2022
The Herald (Harare)
By Nyore Madzianike

Senior Court Reporter

ORGANISER of the flopped July 31, 2020 protests, Jacob Ngarivhume, last week lost his bid to have his charges of inciting public violence dropped after the court dismissed his application for exception to the charges.

Ngarivhume is charged with incitement to commit public violence or alternatively incitement to participate in a gathering with intent to promote public violence.

His charges arose after he allegedly posted messages through his Twitter handle between March 1 and July 20, 2020, calling for protests against Government.

Harare magistrate Mrs Barbra Mateko dismissed his application in which he sought to be excepted to the offence, arguing that the charges did not name the people incited.

He claimed that charges were not clear as to what he did, earning him prosecution.

But Mrs Mateko ruled that all the charges he was facing were clear.

She said the charges also state what Ngarivhume did and clearly state the nature of offence he committed.

In his application prepared by Professor Lovemore Madhuku, Ngarivhume said: "The charge does not name the person or persons incited. Which person or persons did the accused intend to persuade or induce to commit a crime.

"It is mandatory that the person or persons be identified and named. Which persons read the Twitter messages?

"There must be an averment in the charge, indicating that the messages reached whoever it is alleged was intended to be persuaded or induced."

The State led by Mr Tafara Chirambira, in its response, told the court that the law does not require identification of the person who would be incited.

Mr Chirambira said what Ngarivhume claimed in his application formed part of his defence during trial.

"Section 187 does not set a pre-requirement that the person who was to be incited be identified," he said.

"The charge sheet specifically refers to, or induce other persons. Put differently, this means that the alleged actions of the accused person were meant to incite other persons."

Ngarivhume is expected back in court on August 8 for trial.

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