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Harare Regional Magistrate Ngoni Nduna has granted Citizens’ Coalition for Change (CCC) Legislator for Zengeza West Job Sikhala’s application for recusal.
Nduna said he will no longer preside over Sikhala’ s case where he is accused of defeating the course of justice after he allegedly posted a video to misled investigating officers handling the murder of CCC slain activist Moreblessing Ali.
In passing judgement Nduna said, “It may be improper to continue holding the case since the accused feels that he cannot fight at his best capacity.
“In that case let it pass to another court, therefore his application for recusal is granted,” said Nduna.
Sikhala through his lawyers Jeremiah Bamu and Beatrice Mtetwa had submitted their application for recusal last week Thursday.
In their application Sikhala had challenged the hearing of his case in an Anti- Corruption Court (ACC) and he wanted Magistrate Nduna who is presiding over his case to recuse himself.
Sikhala in his application also complained that the same Magistrate had denied him bail before in a different matter as such would be biased.
The State also responded to the application last week Friday.
In its response State had dismissed the application saying, ACC are assigned to deal with special matters and Magistrate Nduna did not deal with the matter out of keen interest to deal with it but the matter was assigned to him.
The State added that any Magistrate from senior to junior can deal with any matter as long as it is in his jurisdiction.
However, Mtetwa opposed the State saying it missed the basis of the application.
She said their application is not based purely on the fact that the accused previous appear before Nduna but State was supposed to address the issue of why a matter that is properly for provincial court is in the regional court.
Mtetwa also said, “Sikhala is entitled to fear that his rights are likely to be violated because of the history of civil society activists, opposition party leaders and any person purported to be an enemy of the State never get bail in the ACC.”
Sikhala’s Lawyer went on to say that on its own the accused need to seek recusal.
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