FORMER Zengeza West MP Job Sikhala has been acquitted of inciting public violence by magistrate Vongai Guwuriro Muchuchuti.
The acquittal brings to an end his criminal cases that have been pending before the magistrates court.
Prosecutors accused him of inciting public violence by calling for nationwide protests, known as the July 31st Movement in July 2020.
"We went through a protracted trial which took over one and half years and today the magistrate acquitted Sikhala mainly on the basis that the alleged utterances did not meet the standard of the law and the evidence brought by the state did not establish originality," said his lawyer Harrison Nkomo after the judgement was handed down.
Nkomo said his client is going to sue the state for malicious prosecution.
"We really need to address the injustices that have been perpetrated on Job Sikhala. He was in custody for one year and eight months.
"Amongst the other charges, on this particular charge, they kept him in custody for over a year and he was acquitted today.
"Justice has to be served. The civil courts of this country have to intervene.
"Naturally we shall take the State and the police who perpetrated this heinous crime to the High Court for the appropriate order of damages," Nkomo said.
Sikhala was arrested in August 2020 after he was accused of encouraging people to join the unsuccessful July 31 2020 anti-government protests.
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Another opposition politician Jacob Ngarivhume was convicted of the same offence before he was sentenced to four years imprisonment.
Charges against him were later quashed by the High Court.
Sikhala was accused of posting a video on social media encouraging Zimbabweans to take to the streets and protest the government.
The presiding magistrate however ruled that the evidence by the state was not conclusive.
"The State claimed the accused as one of the originators of the video. Their argument is that the accused has not done anything to have the video taken down from the sites.
"The suggestion that the accused is one of the authors is merely speculative. The onus was on the State to prove that the requirements of admissibility had been met without reasonable doubt. The State must show that the recordings are original. The State has failed to discharge that onus. No onus lies on the accused," said the magistrate.
Sikhala was recently acquitted in a case of disorderly conduct.
He was however convicted on three other criminal charges.
Of the three cases, one conviction was quashed by the High Court.
Two appeals are yet to be heard.
