Former Mkoba North MP and Citizens Coalition for Change (CCC) member Amos Chibaya has been acquitted of charges related to inciting public violence, after a Harare court found the state’s evidence insufficient to proceed.
Harare Provincial Magistrate Tapiwa Kuhudzai granted an application to dismiss the charges at the close of the state’s case.
The prosecution’s argument had relied exclusively on statements from four police officers, without presenting any direct or supporting video footage, which had previously been referenced as crucial evidence.
The magistrate highlighted significant contradictions in the officers’ testimonies, especially concerning the alleged video footage that was never introduced in court.
“There were inconsistencies regarding how many videos existed, and without that material, the court cannot confirm the accused’s guilt,” Magistrate Kuhudzai ruled.
Chibaya’s attorney, Chris Mhike, argued that the prosecution failed to prove any wrongdoing on his client’s part.
He described the state’s case as lacking both substance and credibility. According to Mhike, the supposed video evidence went missing, and none of the witnesses could directly link Chibaya to any unlawful behavior.
Under cross-examination, key prosecution witness Ropafadzo Mutapiri, the officer-in-charge at Harare Magistrates Court, admitted he had not seen Chibaya commit any offense. In fact, he conceded that Chibaya had helped maintain order during the event in question.
In delivering his ruling, Magistrate Kuhudzai stressed that forcing the case to continue without substantial evidence would infringe on Chibaya’s constitutional rights.
He declared it would be unfair to require the opposition politician to mount a defense under such circumstances, and formally cleared him of all charges.
The judgment marks another legal win for members of the CCC, in a political climate where opposition figures often face courtroom battles.
Legal observers say the outcome underlines the judiciary’s duty to base rulings on solid evidence, particularly in politically sensitive cases.
Chibaya’s supporters have welcomed the decision as a triumph against what they see as a politically motivated prosecution.
Meanwhile, state authorities have not yet indicated whether they will pursue an appeal.
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