HIGH COURT OVERTURNS MASARAURE’S CONVICTION FOR “TWEETING”

High Court Judges Justice Pisirayi Kwenda and Justice Benjamin Chikowero on Thursday 7 November 2024 quashed and set aside Masaraure’s conviction and sentence, after his lawyer Tapiwa Muchineripi of Zimbabwe Lawyers for Human Rights, appealed against Magistrate Chakanyuka’s decision  to convict the trade unionist.

Masaraure was arrested by Zimbabwe Republic Police officers on 8 July 2022 and charged with defeating or obstructing the course of justice as defined in Section 184(1)(c) of the Criminal Law (Codification and Reform) Act alternatively incitement to commit public violence as defined in Section 187(1)(a) of the Criminal Law (Codification and Reform) Act as read with Section 36(1)(a) of the Criminal Law (Codification and Reform) Act.

During trial, prosecutors alleged that Masaraure authored a statement which he reportedly published on X, a popular microblogging platform and on ARTUZ website, which was meant to prejudice his pending trial on alleged murder charges and that of ARTUZ Secretary-General Robson Chere on alleged murder charges too and to persuade the teachers’ union members and the general public to commit public violence.

On 22 May 2024, Magistrate Chakanyuka had convicted Masaraure after concluding that he was guilty of defeating or obstructing the course of justice. On 24 May 2024, Magistrate Chakanyuka sentenced the ARTUZ leader to pay a fine of US$200 or risk serving a two months jail term if he fails to pay it plus a further wholly suspended four months imprisonment for a period of five years.

After being dissatisfied by Magistrate Chakanyuka’s decision, Masaraure’s lawyer, Muchineripi, on 5 June 2024, filed an appeal at Harare High Court, where he argued that Magistrate Chakanyuka had grossly and misdirected herself by relying on some evidence during the trade unionist’s trial, which she thought proved prosecutors’ case while leaving and ignoring favourable evidence pointing to his innocence or acquittal on account of the deficiencies and discrepancies in the state witnesses’ evidence.

On 7 November 2024, Justice Kwenda and Chikowero, who presided over hearing and determination of the appeal, acquitted Masaraure and set aside his conviction after ruling that Magistrate Chakanyuka had erred and grossly misdirected herself in finding the ARTUZ leader guilty.

 ENDS

Zimbabwe Lawyers for Human Rights
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