HARARE – High Court Judges Justice Benjamin Chikowero Justice Happias Zhou have slammed Harare Magistrate Judith Taruvinga by describing her conviction and sentence of CCC activist Makomborero Haruziviishe as “fundamentally misdirected” and stated that her judgment was “not thorough.”
Magistrate Taruvinga in April 2021 convicted and sentenced Haruziviishe to serve jail time for inciting public violence and resisting a peace officer when he was arrested for allegedly whistling while protesting against conduct of police officers as they arrested people in Harare’s CBD.
The two judges in September quashed Haruziviishe’s conviction and sentence by Magistrate Taruvinga and set it aside.
Haruziviishe spent almost a year in prison after being convicted for allegedly blowing a whistle during a protest
Zimbabwe Lawyers for Human Right lawyer Obey Shava who obtained the High Court order quashing the conviction and sentence, said his client was “innocent from day one.”
“Unfortunately, no one can reverse the loss of liberty, the inhumane and degrading treatment he suffered during the period of persecution, the ill treatment, including assault occasioned upon him whilst in detention. Weaponisation of the law must stop,” Shava said.
The CCC youth leader activist was imprisoned after being sentenced 14 months for allegedly inciting public violence when he whistled at Harare’s busy Copa Cabana terminus in April 2021.
In his appearance in court, the activist pleaded innocent to the charges and was then moved from Chikurubi Maximum Security Prison to Harare Central by the High Court.
Makomborero’s incarceration continued despite a court order granting him bail pending appeal, raising concern with civil society.
He was eventually released on bail on 8th January 2022 after spending almost a year in prison.
