Sikhala’s application for recusal granted, magistrate gives in 

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By Staff Reporter

HARARE magistrate, Ngoni Nduna, has excused himself from presiding over Citizens Coalition for Change (CCC) legislator, Job Sikhala’s case citing that although the court was fit to deal with his matter it will not be fair to force him to appear before it.

Sikhala through his lawyer, Beatrice Mtetwa, had filed an application for recusal arguing that, the matter was not fit to be heard by a regional magistrate or before an Anti-Corruption court.

In passing ruling, Harare magistrate Ngoni Nduna said that the circumstance of this case demands that it appears before another court.

“It is my view that, the circumstance of this case demands that it appears before another court where the accused and the State can fight it off from an equal footing,” said Nduna.

He also said that it will not be fair to put Sikhala at desperate times where he will be before a court he is not comfortable with.

“It will be breach of the Constitution to put the accused person at a desperate situation where he will see no reason for fighting out with full effort against the State,” he said.

“Therefore, it is this last aspect which persuades me to let the matter pass and let it go before another court. Accordingly, the prayer for recusal is granted,” he added.

Sikhala is accused of posting a video to mislead investigating officers in the case of slain activist, Moreblessing Ali.

Ali was found murdered, with her body cut into pieces 18 days after she disappeared from her home area in Seke rural.

Sikhala is accused of having posted a video calling for justice in Ali’s murder.

The State alleges he incited public violence and also misled the police in the same video.

He was firstly arrested for inciting violence a month ago.

Last week, the State went on to add the fresh charge relying on same background.