BY DESMOND CHINGARANDE/STAFF REPORTER
HIGH Court judge Justice Tawanda Chitapi yesterday lashed out at Harare regional magistrate Ngoni Nduna, whom he accused of erring and misdirecting himself by denying the MDC Alliance deputy chairperson, Job Sikhala bail.
Sikhala, who is facing a charge of communicating falsehoods, was yesterday granted $25 000 bail by Justice Chitapi after spending more than three weeks in detention at Chikurubi Maximum Security Prison.
The Zengeza West legislator was denied bail by Nduna who said Sikhala had the propensity of committing other offences since he was arrested while on bail on another pending matter.
But Justice Chitapi, however, said the magistrate had made a generalised finding that the legislator was likely to commit another offence, and did not state the particular crime which he could commit if granted bail.
He also said Sikhala had not yet been convicted in the pending matter, hence the basis that he was likely to commit another offence could not hold water.
Chitapi also stated that in denying Sikhala bail, Nduna had made an error by stating that Sikhala had falsely communicated that a police officer had fatally killed a child when the State allegations did not make any reference to a police officer.
In his judgment, Nduna had also stated that Sikhala was not eligible for bail because he had boasted in court that he had been arrested more than 65 times in one year but had never been convicted, which exhibited a propensity of repetitively commit crimes.
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But Chitapi said: “The bragging by the accused that he was arrested 65 times is nothing but extravagant self-praises which have nothing to do with why the appellant was brought before the courts. The regional magistrate fell into the trap because the 65 arrests did not result to his arrest on the matter in question.”
Chitapi described Sikhala as a “blabbermouth and a talkative person” who just provided unnecessary information in court just for the sake of it.
Sikhala, who is represented by Jeremiah Bamu, was ordered to continue residing at his St Mary’s residence and report once every Friday at St Mary’s Police Station as part of his bail conditions.
Meanwhile, prosecutor Arthur Bosha, who was arrested last week on suspicion of corruption after consenting to bail for a notorious armed robbers, will know his fate today, after he filed his bail application yesterday.
Bosha (37) who is principal public prosecutor is being charged with criminal abuse of office. He appeared before Harare magistrate, Lazini Ncube and was represented by Admire Rubaya.
Allegations were that in September 2020, Bosha was allocated a bail application by his principal, Edmore Makoto in respect of Musafare Mupamhanga who was an accused person in an armed robbery case.
Bosha allegedly made a concession for bail in favour of Mupamhanga, without consulting his superior, Makoto.
The State alleged that by consenting to bail, Bosha showed favour to Mupamhanga who is a notorious armed robber.
