PROMINENT author and playwright Tsitsi Dangarembga and her co-accused, Julie Barnes, were yesterday found not guilty of inciting public violence on appeal at the High Court.
This came after the lower court convicted them for staging a peaceful demonstration in Harare in 2020.
Their acquittal follows an appeal against both conviction and sentence filed through their lawyers, Chris Mhike, Harrison Nkomo and Doug Coltart.
“The Judges of Appeal found them not guilty and acquitted them. No offence was committed in the first place,” Nkomo told NewsDay yesterday.
Dangarembgwa and Barnes were last year convicted by a Harare magistrate who ruled that the two intended to incite public violence.
They were handed a wholly suspended six months jail term and ordered to pay $70 000 fine each.
Judges of Appeal Justices Benjamin Chikowero and Happius Zhou ruled that the two did not commit any offence by demonstrating.
The judges ruled that magistrate Barbra Mateko misdirected herself in convicting them.
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“Full reasons for the judgment will follow,” said Zhou in a brief judgment handed down yesterday morning.
In passing sentence, Mateko averred that the court had taken into account that the duo were first female offenders and never had any brush with the law before.
“It is trite at law that the elderly should be treated with leniency. Evidence tendered shows they are elderly and of ill health.
“At the time of the trial they came to court consistently up to the time the court handed down its judgement. The first accused has contributed in education and development of the country,” she had ruled.
Maketo also said Dangarembgwa and Barnes had committed the offence out of ignorance.
“If ever you are to proceed in a particular way you should know the procedure. The court is of the view the two should be given a chance to reform.
“A custodial sentence will be too harsh since the offence was not done in aggravating circumstances. A fine and suspended sentence is appropriate in ZW$70 000. Six months wholly suspended on condition they do not commit a similar offence,” the magistrate added.
