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This comes after a Harare magistrate dismissed their application to suspend community service pending the out­come of their appeal at the High Court.
Gwisai, a University of Zimbabwe law lecturer, together with Hopewell Gumbo (33), Welcome Zimuto (26), Antoneta Choto (37), Tatenda Mombe­yarara (30) and Edson Chakuma (39) were last week fined US$500 each and ordered to perform 420 hours of com­munity service.
The six — through their lawyer Mr Alec Muchadehama — filed an appeal challenging both conviction and sen­tence at the High Court last week before making an application at the magis­trates’ court to suspend community service pending the outcome of their appeal.
Dismissing the application yesterday, magistrate Mr Kudakwashe Jarabini said: “In applications of this nature one of the things that the court has to look at are prospects of success on appeal. In this case, the court is of the view that there are no prospects of success on appeal. Let me reiterate that they were not found guilty of watching the video but the viewing itself was meant to arouse feelings of hostility. The applica­tion is therefore dismissed and the con­victed persons are expected to com­mence their community service at their respective sites on March 31.”
Gwisai and Choto will perform the community service at Haig Park Pri­mary School, Mombeyarara at Zengeza 4 High School, Chakuma at Warren Park One Primary School, Gumbo at Queensdale Primary School and Zimuto at Chinhoyi Hospital.
In their application, the six had argued that the lower court erred in convicting them and that the sentence was too harsh. They said they were likely to complete the sentence before the appeal is heard and if they serve the community service, it cannot be undone if the appeal is successful.