HARARE – Zengeza West MP Job Sikhala was ordered freed on Z$50,000 bail by the Harare High Court on Tuesday following his arrest on August 21 accused of calling for violent protests to oust the Zanu PF government.

Justice Erica Ndewere ruled that the finding by the lower court that Sikhala was likely to be a fugitive since he was caught hiding in a ceiling was unconvincing.

The prosecution had also failed to prove that Sikhala was found hiding from the police, the judge said, while dismissing a press statement issued at the end of July stating that he was wanted “for an interview” along with 14 other pro-democracy activists as “vague”.

“No evidence was placed before the court to show that the appellant was being looked for by the police. Officer Mukova worsened their case by saying Detective Inspector Makore went looking for the appellant yet Makore himself denied that he did so,” Justice Ndewere observed.

Ndewere said when the prosecution makes an allegation, it must substantiate it.

Ndewere also said there was a misdirection by the lower court in denying Sikhala bail because evidence given by one of his lawyers, Beatrice Mtetwa, had not been disputed.

Mtetwa said she personally went to the police and asked if they were looking for her client, and the police said they were not.

“This means the lower court accepted Mrs Mtetwa’s evidence of what transpired,” said Ndewere.

She said the evidence was inconsistent with someone who is likely to abscond.

“An accused person must be admitted to bail so that he keeps the fabric of his life in place. The accused is permitted to keep his fabric of life intact to continue working for his family,” the judge went on.

“The appellant is a family man with a wife and 11 children, and is bound to go back to them if granted bail. He is a lawyer and an MP. Yes, he is facing a serious charge, but the fears of the state can be allayed by stringent bail conditions. The appellant managed to show that he is fit for bail. The lower court decision to deny him bail is hereby set aside.”

Bail had originally been set at Z$25,000, but was raised to Z$50,000 after Sikhala’s lawyer Advocate Eric Matinenga indicated that he has no title deeds to any property.

Justice Ndewere said non-discrimination is an important issue to consider because journalist Hopewell Chin’ono and opposition politician Jacob Ngarivhume who face similar allegations were granted bail.

“This factor buttresses the need for the accused to be granted bail. Accordingly, the court found merit in some the grounds of appeal… So the court is going to add more additional conditions to those on the draft order,” she said, referring to proposals tabled by Matinenga which also proposed bail of Z$15,000.

Sikhala must report three times every week to St Marys police. He was also barred from recording any video or audio messages with content likely to invite others to commit violence.

The MP is also barred from participating in WhatsApp groups or any social media platforms with intent to incite public violence.

From tweeting to Whatsapp texting, singing in public or marching in the streets, those who speak out against President Emmerson Mnangagwa’s government are finding themselves in trouble. Some have been abducted and tortured, according to human rights groups.

Zimbabwe’s deteriorating economy and reports of alleged corruption involving the procurement of Covid-19 protective equipment and drugs have stoked peoples’ anger at a government that promised reform and prosperity when it took power in 2017.

It appears the government is using restrictions imposed to combat the coronavirus to suppress political criticism, say human rights defenders.

Dozens of people — including lawyers, journalists, nurses, doctors, opposition members of parliament, and human rights activists — have been arrested and charged with violating Covid-19 lockdown rules, or for protesting on the streets and on social media.