Fungai Lupande Court Reporter—-
Convicted former Zanu-PF Harare Youth League chairperson Godwin Gomwe has appealed against his conviction and 70 hours of community service at the High Court. Gomwe (34) was convicted of criminal insult and contravening section 88 (c) of the Post and Telecommunications Act on August 25. Harare magistrate Mr Takunda Mtetwa sentenced Gomwe to one month in prison on each count which was wholly suspended on condition that he performs 70 hours community service at Budiriro Primary School in Harare.
In his notice of appeal at the High Court, Gomwe argued that Mr Mtetwa misdirected himself. “The magistrate erred in respect of both counts by failing to analyse the evidence of each witness who testified, not making findings on the credibility of each of the witnesses and not justifying why the version of the appellant was rejected in favour of State witnesses,” reads the notice.
“The court was misdirected in finding that appellant uttered the alleged offensive words to the complainants. There was no legal or factual basis to tilt the scales in favour of the State.”
Gomwe yesterday sought to have his community service suspended pending the High Court appeal. The application was postponed to today because the prosecutor who handled the case was not available. Gomwe insulted Winnie Madekufamba (52) on December 5 last year during the Zanu-PF National People’s Congress.
He called her a “Gamatox” and a witch. Gomwe shouted at the woman saying he could have sexual intercourse with her and her goblins until they felt dizzy. He also threatened to incite other party youths to assault her. On May 6 this year, Gomwe phoned Abraham Samushonga and insulted him using unprintable words.
Samushonga placed his phone on the speaker so that a friend he was with could hear the insults and be a witness.