HARARE provincial magistrate Vakai Chikwekwe yesterday fined a Harare man $100 or a month in prison for insulting Buhera South MP Joseph Chinotimba on a WhatsApp social media chat-group that involves discussion of politics in the country.
by PAIDAMOYO MUZULU
Tatenda Benjamin Machingauta (29) of Epworth was charged with sending insulting, offensive and annoying messages as defined in Section 88 (c) of the Postal and Telecommunications Act Chapter 22:05.
It was the State’s case that on June 15, 2015, Machingauta sent an insulting message to Chinotimba on a group-chat called Com fighter. The message read: “Pfutseki Chinotimba, mandebvu aro.”
Machingauta was convicted on his own guilty plea.
“In assessing sentence, I took into consideration that the accused showed contrition by admitting to the charge and is married and has two children,” Chikwekwe said.
“Imprisonment is rather harsh to a first offender and I, therefore, fine you $100 or one month in prison.”
The State through prosecutor Sharon Mashavira was demanding a short and sharp custodial sentence considering that the insults over the social media were becoming prevalent in the country and had the potential of inciting violence.
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“These insults can lead to inciting violence and, therefore, a short, sharp and effective prison term would be appropriate in these circumstances,” Mashavira said.
Machingauta had earlier apologised to the court and Chinotimba who was in attendance.
The prosecution told the court that Machingauta was found to be the person behind the insults through police investigations. The police had requested Econet to provide the details of the line that was used to send the insulting messages and this led to Machingauta’s arrest.
