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Ex-MPs Chibaya and Machingauta escape with fines following trial for illegal gathering

HARARE

Former
Citizens
Coalition
for
Change
(CCC)
lawmakers
Amos
Chibaya
and
Costa
Machingauta
have
been
spared
jail
by
a
Harare
magistrate
who
fined
them
US$500
fine
each
following
their
recent
conviction
for
participating
in
an
unlawful
gathering
back
in
2023.

The
politicians
and
their
three
other
party
activists,
Monica
Mukwanda,
Aletta
Viremai
and
Lancelot
Tungwarara
were
ordered
to
pay
the
fine
or
face
six
months
in
jail
if
they
defaulted.

They
were
also
sentenced
to
12
months
imprisonment,
wholly
suspended
on
condition
of
good
behaviour.

In
pronouncing
sentence,
magistrate
Sharon
Rakafa
ruled
that
the
five
deserved
a
chance
to
reform
given
that
they
were
first
time
offenders.

“They
are
first
time
offenders
and
they
should
be
given
a
chance
to
reform,”
she
said.

“They
are
all
breadwinners
and
each
of
them
is
involved
in
community
work
with
the
aim
to
empower
the
less
privileged.”

Following
trial,
a
total
of
20
suspects
were
cleared
of
wrongdoing
with
the
magistrate
noting
that
they
were
caught
in
a
dragnet
arrest.

Rakafa
said
the
state
proved
that
Chibaya
and
his
accomplices
indeed
mobilised
for
a
gathering
and
were
also
wearing
their
party
regalia
at
the
time
of
their
arrest.

The
state
proved
that
on
January
14,
2023,
the
25,
including
those
who
were
acquitted,
gathered
at
Machingauta’s
Budiriro
high
density
suburb
home
in
Harare
for
a
CCC
political
party
members’
presidential
assembly
meeting.

The
five,
who
were
convicted
were
wearing
CCC
regalia
that
include
caps,
helmets
and
T-shirts,
gathered
at
Machingauta’s
home
after
an
invitation
sent
via
social
media
platforms
by
Tungwarara.

While
at
the
gathering,
they
chanted
the
common
CCC
slogan,
“Ngaapinde
hake
Mukomana,
2023
Chamisa
chete
chete”
meaning
“let
the
boy
get
in,
2023
Chamisa
only”,
according
to
the
State.

Police
in
Budiriro
received
a
tip-off
over
the
gathering
and
went
to
investigate.

Upon
arrival,
the
state
said
during
trial,
police
observed
that
their
conduct
was
disturbing
the
peace
of
a
section
of
members
of
the
public.

The
police
ordered
them
to
disperse
but
they
resisted,
leading
to
their
arrest,
prosecutors
said.