Harare Magistrate Collet Ncube delivered a significant ruling yesterday, handing down wholly suspended sentences to Citizens Coalition for Change (CCC) interim leader Jameson Timba and 34 party activists. The group, arrested on 16 June and convicted last week of participating in an unlawful gathering, has spent over five months in pre-trial detention. The sentences, ranging from 12 to 24 months, were wholly suspended, meaning the activists will be released immediately.
The charges stemmed from an incident at Timba’s Avondale home, where police intervened following reports of violence. The CCC maintains the gathering was a commemoration of the Day of the Africa Child, a claim disputed by the prosecution. In his judgment, Magistrate Ncube found Timba’s defence weak and improbable, stating that it was unlikely Timba could completely disengage from events taking place at his residence.
Magistrate Ncube’s ruling took into account several mitigating factors. He acknowledged that the accused were first-time offenders, many of whom are poor and serve as breadwinners for their families. He expressed concern that continued detention would place an undue burden on their families and communities.
The magistrate’s statement highlighted these considerations: “The court believes that since they are first offenders, they should be given another chance. Many of them struggle to raise even the fine, and most are breadwinners with unstable sources of income. Their continued detention would only burden their families.”
The sentences varied depending on gender. Timba and Jasn Kautsa each received two-year wholly suspended sentences, while male activists were given 16-month wholly suspended sentences and female activists received 12-month wholly suspended sentences. The magistrate’s decision to impose wholly suspended sentences reflects a consideration of the individuals’ circumstances and the belief that rehabilitation and community reintegration are more appropriate than imprisonment.
The case has attracted considerable attention, with the CCC alleging the arrests were politically motivated. The party has consistently maintained that the gathering was peaceful and intended to commemorate the Day of the Africa Child, a significant date for children’s rights advocacy. The prosecution, however, argued that the gathering constituted a breach of the peace, leading to the arrests and subsequent charges.
The magistrate’s judgment detailed his reasoning for the suspended sentences. He noted that the accused were primarily poor individuals, many of whom are the primary income earners for their families. He concluded that the interests of justice were best served by a wholly suspended sentence, allowing them to return to their families and communities without the added burden of imprisonment. This approach reflects a judicial consideration of social and economic factors influencing the lives of the accused.
The five-month pre-trial detention period has undoubtedly had a significant impact on Timba and the activists. The length of time spent in custody, prior to sentencing, raises questions about the efficiency of the judicial process and the conditions under which the accused were held. The CCC has repeatedly criticised the government’s handling of the case, alleging that the arrests and detention were politically motivated and intended to suppress dissent.
