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Godwin Gomwe

Daniel Nemukuyu Senior Court Reporter
Former ZANU-PF Harare youth league chairperson Godwin Gomwe will not perform community service imposed on him by a magistrate court pending determination of his appeal against conviction and sentence.

Gomwe was found guilty of criminal insult and contravening Section 88 (c) of the Post and Telecommunications Act on August 25 this year. He was slapped with a sentence of 70 hours of community service.

Harare magistrate Mr Takunda Mtetwa a fortnight ago threw out Gomwe’s request to have community service set aside pending determination of his appeal.

That prompted Gomwe to approach the High Court with an urgent chamber application to have the sentence temporarily set aside pending determination of the application for review of the magistrate’s decision.

Justice Happias Zhou this week granted Gomwe’s order and he temporarily set aside the sentence imposed on the politician.

“It is ordered by consent that pending determination of the application for review by the applicant under Case Number HC8772/15, the sentence imposed upon the applicant, including the community service in respect of Case Number CRB6730/15 be and is hereby stayed,” he ruled.

This means Gomwe will not commence the community service at Budiriro 1 Primary School until his challenge is determined.

Advocate Thembinkosi Magwaliba represented Gomwe in the urgent chamber application. In the urgent chamber application Gomwe argued that the magistrate erred in dismissing his application and that the High Court should quash the decision and suspend the sentence pending appeal.

Gomwe argued that the State was not going to be prejudiced by the suspension of the sentence.

He further argued that his prospects of success on appeal were high and that the sentence must be conditionally shelved.

But magistrate Mr Mtetwa filed his opposing papers arguing that Gomwe had approached the court with dirty hands and that the High Court must refuse to hear his request.

The magistrate also argued that the application was not urgent and that it must fail on that basis.

He added that were no prospects of success in the appeal against conviction and Gomwe’s claim was a fallacy.

Gomwe was slapped with community service for insulting Winnie Madekufamba (52) on December 5 last year during the Zanu-PF National congress.

He called her a gamatox and a witch. Gamatox is a term that was used to refer to a putchist cabal led by former vice president Dr Joice Mujuru that was accused of plotting to topple President Mugabe ahead of Zanu-PF congress last year.

Gomwe was also found guilty of shouting at the woman saying that he could have sexual intercourse with her and her goblins until they felt dizzy.