Ngarivhume to languish in remand prison
Ngarivhume is being accused of masterminding the July 31 demonstrations through Twitter broadcasts and faces charges of inciting public violence.
Justice Tawanda Chitapi said he was not persuaded by any of the grounds of appeal raised by Ngarivhume’s lawyer Moses Nkomo, adding that the language used in the purported tweets was inflammatory and meant to arouse a revolt.
He said Ngarivhume ought to have challenged his placement on remand if he had denied ownership of the Twitter account, but instead, did not raise any objections yet it was the basis of the charges he faced.
Chitapi said he could not make a decision based on the fact that July 31 had passed since it was not part of the magistrates’ court’s decision.
“That July 31 has passed should be taken back to the lower courts because all I am required to do is consider the evidence and if the lower court misdirected itself on the evidence adduced. I was not persuaded on any of the grounds of appeal and it is hereby dismissed,” Chitapi said.
“It was a fact that there is no reference of peaceful demonstrations in the tweets which had language that was clearly confrontational and inflammatory to arouse a revolt.”
Nkomo had argued that Harare regional magistrate Trynois Utahwashe denied his client bail basing on speculations by the State and investigating officers which were not proved in court.
He said they were unaware of the owner of the Twitter account relied on, adding that they would be challenging placement on remand in the magistrates’ court.
However, prosecutor Michael Reza insisted that Ngarivhume had unfinished business and could still incite violence since his motive to end President Emmerson Mnangagwa’s rule had not been accomplished.