JUST IN: On behalf of Zim award winning, renowned novelist, filmmaker & cultural activist @EfieZethu & @jbcorporatex, a pro-democracy campaigner, we have asked the High Court to set aside the duo's conviction & sentence for allegedly taking part in an anti-govt protest in 2020. 
Dangarembga & Barnes were on 29 September 2022 convicted by Harare Magistrate Barbra Mateko & sentenced to pay ZWL70 000 each or 3 months imprisonment in default of the fine & in addition 3 months imprisonment wholly suspended for 5 years on condition that each of them does not
commit any offence involving participating in a public gathering with intention to promote public violence, breach of peace or bigotry. The duo, represented by @ChrisMhike of @ZLHRLawyers, had been on trial after they were arrested on 31 July 2020 & charged with participating in
a public gathering with intention to promote public violence, breach of peace or bigotry as defined in Section 37(1)(b) of Criminal Code. During trial, prosecutors alleged that they participated in a demonstration in Borrowdale suburb in Harare while holding some placards
inscribed “Free Hopewell, free Jacob #Zimbabwe”, “We want better reform our institution” and “Free our journalists”. Now, Mhike has filed a notice & an appeal against both conviction & sentence of Dangarembga &Barnes at High Court arguing that Magistrate Mateko fundamentally
misdirected herself in finding the duo guilty in the absence of evidence linking them to participating in a public gathering with intention to promote public violence, breach of peace or bigotry. Mhike argued that Magistrate Mateko grossly misdirected herself in abandoning the
analysis on whether or not the words written on some placards which they were accused of holding during the 31 July 2020 anti-govt protest, were obscene, threatening, abusive or insulting. The human rights lawyer also argued that placing Barnes & Dangarembga on their defence
after dismissing their application for discharge at the close of the prosecution case amounted to a gross misdirection on the part of Magistrate Mateko because all 3 state witnesses had exonerated them of committing an offence as they had confirmed that the accused persons’
messages were not obscene, threatening, abusive or insulting. Mhike accused Magistrate Mateko of exhibiting bias against the award winning novelist & pro-democracy campaigner by relying on some baseless speculation & conjecture regarding potential breach of peace through social
media. He also contended that the sentence imposed against Dangarembga & Barnes was disproportionate & induced a sense of shock. He wants the High Court to allow Dangarembga & Barnes’s appeal & set aside the conviction & sentence of the 2 & pass a not guilty verdict.
Alternatively, Mhike said Dangarembga & Barnes should be cautioned & discharged.
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