A Harare man has been slapped with jail sentence for insulting Búhera South legislator Joseph Chinotimba on the Whatsapp network.
Mr Tendai Benjamin Machingauta from Epworth, narrowly escaped prison when he opted for an alternative fine of $100, all for expressing himself on Chinotimba charges which the Buhera legislator told ZimEye.com soon after the trial, cause and incite violence.
The court yesterday upheld that Machingauta insulted Mr Chinotimba by his beard. The exact words used in the Whatsapp chat were “Pfutseki Chinotimba, mandebvu aro.”
Harare Magistrate Vakai Chikwekwe bowed to the prosecutor Sharon Mashavira’s arguments who said that the “insults can lead to inciting violence and, therefore, a short, sharp and effective prison term would be appropriate in these circumstances.”
At the end of trial Chikwekwe ruled that Machingauta’s words were violence centric. The magistrate indicated Machingauta deserved a worse sentence and was only saved because he is a first time offender. “In assessing sentence I took into consideration that the accused showed contrition by admitting to the charge and is married and has two children,”
“Imprisonment is rather harsh to a first offender and I, therefore, fine you $100 or one month in prison,” the magistrate said.
Contacted for comment soon after the trial, Mr Chinotimba told ZimEye.com even after Machingauta’s conviction, he would not forgive the 29 year old man.
“How can I forgive him, it is too late now that he is in cells. If I was to forgive him, it could only have been earlier”, Chinotimba said.
Chinotimba in the exclusive ZimEye.com interview added to his anger sating that Machingauta’s crime was that of forming a Whatsapp group in which he together with some friends started a party in which they added the legislator shortly before hurling insults on him.
“I never applied to be in their party, I am a ZANU PF member,” said Chinotimba.
When grilled over the fairness of the judgement given the fact that Chinotimba himself has insulted others beginning with MDC leader Morgan Tsvangirai attacks which have credibly triggered violence over the years, Chinotimba replied saying, “You are now talking about the opposition party, that is something else, we do attack each other in parliament knowing that so and so is which side of politics.”
This man registered me into their party without my consent, Chinotimba hinted to ZimEye.