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Senior Court Reporter

CCC Chitungwiza North legislator Godfrey Sithole yesterday indicated that he wants to be prosecuted alone without fellow legislator, Job Sikhala, on charges of inciting members of the public to commit public violence in the Nyatsime area following the alleged murder of Moreblessing Ali by her boyfriend Pious Jamba sometime in June this year.

Sithole, through his lawyer Mr Oliver Marwa, notified the State that he will make an application for separation of trials when the duo returns to court on January 11 next year.

They are charged with incitement to commit public violence.

Sikhala, through lawyer Mr Jeremiah Bamu, indicated they had no problems with Sithole’s intentions.

Their trial was set to kick-off yesterday but Sikhala requested that the trial be postponed to allow him to lodge an appeal against Harare magistrate Mrs Tafadzwa Miti’s ruling dismissing his application for her recusal.

Sikhala had applied for the magistrate’s recusal from presiding over the matter claiming that she had already pronounced herself on the merits of the trial before his hearing.

He also claimed that Mrs Miti has already taken a position on his conduct and concluded that he had incited violence in Nyatsime.

Sikhala argued that he will not receive a fair trial before Mrs Miti.

Mrs Miti, in her ruling on Sikhala’s application for her recusal, vowed to impartially preside over the matter saying the outcome of the trial would be based on evidence adduced during the trial.The court also ruled that Sikhala had failed to place reasonable grounds showing apprehension of bias on the part of the magistrate.

Mrs Miti said Sikhala’s fears of not receiving a fair trial emanated from grounds surrounding the dismissal of his bail application on changed circumstances last week.

Irked by the ruling, Sikhala, through lawyer Mr Bamu, told the court that he will approach the High Court appealing against the ruling.

Mr Bamu said there were high prospects of success upon filing their application at the higher court.

He insisted that the court made factual findings in its bail ruling that will not expose Sikhala to a fair hearing.

The State led by Mr Ephraim Zinyandu did not oppose Sikhala’s request to have the matter postponed saying it was within his rights to approach the upper courts for recourse.

Sikhala and Sithole are expected back in court on January 11 for trial.