“There are absolutely no prospects of success in any intended appeal as ought to be clear from the State’s poor drafting of both the indictment and the summary of the evidence it proposed to lead.“From the poor documents presented before the court, which included a truncated utterance by myself which had obviously been edited in what was a clear cut and paste job, the court could not have found that the words complained of violated the provisions of Section 22 (2)(a)(i) of the Criminal Law Codification & Reform) Act (Chapter 9:23),” Sikhala told the court.
He said while the State claimed that he intended to overthrow the government, he had not mentioned the government in his statement but Mnangagwa.
“In any event, the court could not read ‘government’ into the statement relied upon when government was never mentioned. That Emmerson Mnangagwa and president are separate and distinct from ‘government’ appears to have eluded the applicant,” Sikhala said.
In the application, Hodzi is challenging the acquittal, claiming Mawadze misdirected himself.
The matter is still pending before the Supreme Court.