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Nyore Madzianike–Senior Court Reporter 

HARARE regional magistrate Mr Ngoni Nduna yesterday recused himself from presiding over the matter in which Zengeza West legislator Job Sikhala is charged with defeating the course of justice.

Mr Nduna said it was against the Constitution to put Sikhala in a “desperate situation where he sees no reason to fight for his grounds.”

In his ruling, Mr Nduna said it was improper for him to continue holding on to the matter when Sikhala already believes in his mind that he will not be subjected to a fair trial.

“The circumstances of this matter demand that he appears before another court where accused will indeed believe that he will fight it out from an equal footing in his mind and legal arguments which will be put before that court

“It will be a breach of the Constitution by putting accused in a desperate situation when he sees no reason for fight out in full efforts against the State.” 

Mr Nduna, however, found no merit in Sikhala’s assertions that he was not supposed to be placed under a Special Anti-Corruption court when his case was not related to corruption.

He said the court had jurisdiction to preside over the matter.

“The accused went on to allege that this is a matter for a provincial court. It is known that the law provides limit to the jurisdiction of the court. 

“That jurisdictional limitation has no lower limits, jurisdiction is only curbed at the top, therefore, any case can be dealt with any court within a range of the jurisdiction of the matter which is at issue, therefore I find no merit in stating that handing the matter is out of bias,” he said.

The State led by Mr Ephraim Zinyandu and Mr Silent Shoko had insisted that the matter be heard before Mr Nduna.

Through his lawyers, Ms Beatrice Mtetwa and Mr Jeremiah Bamu, Sikhala wanted Mr Nduna to recuse himself arguing he had once denied him bail in a case he is accused of communicating falsehoods prejudicial to the State after he allegedly falsely posted on his Facebook page that a police officer had beaten to death a child with baton in Harare.

Mr Bamu said that the State had deliberately placed Sikhala in an anti-corruption despite other people arrested over a similar incident were appearing in an ordinary court. He claimed that Precious Jeche, who is jointly charged with two other people, Shepherd Bulakasi and Chauya Shopa, were not placed in an Special Anti-Corruption Court despite having been arrested over the same incident.

“The State has placed him before an Anti-Corruption Court on a matter whose relationship with corruption is as distant as north and south poles.

“The State chosen Anti-Corruption Court because it is the specific court which comprises of judicial officers that the State and entire public would become to associate as being hostile to civil members and political activists.

“As evidence of that, the accused submits that outside himself, Hopewell Chin’ono, Tendai Biti, Fadzayi Mahere and a few other media practitioners and civil society members whose matters have nothing to do with corruption, but are placed in an Anti-Corruption Court,” he said.

Mr Bamu said the Special Anti-Corruption Court “has been reduced to a political court for the persecution of targeted individuals, who are perceived as non-conforming to the dictates of the State”. 

Sikhala is expected back in court today with the State expected to formally place him on remand.