SYDNEY MUBAIWA
ZAKA-Zaka Magistrate Grace Tupiri has acquited a Zanu-PF Zaka Ward 24 Councillor Zivanai Zvada (44) who had been accused of inciting residents to protest against President Emmerson Mnangagwa.
Zvada (pictured) was arrested on April 1 ,2025 and was charged with incitement to commit public violence under the Criminal Law (Codification and Reform) Act after he forwarded a ‘Mnangagwa must go ‘ message in a Ward WhatsApp group on March 31, 2025.
According to court records, Zvada allegedly forwarded an X (formerly twitter) message by political activist Never Masweraseyi, which called for the removal of President Emmerson Mnangagwa in a Ward 24 development WhatsApp group.
The group was originally created by Zaka Rural District Chief Executive Officer David Majaura and was later hijacked by Zvada after he was elected Ward 24 Councillor and had been using it to disseminate information in his ward.
During trial, prosecutors argued that the message was intended to persuade members of the public to disturb peace and security by demonstrating against the President.
According to court proceedings, the state relied on testimony from three witnesses including the investigating officer and a digital forensic analyst from the police cyber laboratory.
Police had confiscated Zvada’s Samsung Galaxy mobile phone for forensic examination following his arrest.
Zvada spent 16 days in custody after being denied bail by the magistrates’ court on the grounds that he posed a threat to public order and security.
He was later released on 17 April 2025 after being granted bail by the Masvingo High Court.
On 4 February 2026, Magistrate Tupiri upheld an application for discharge filed at the close of the prosecution’s case by his lawyer, Frank Chirairo of Zimbabwe Lawyers for Human Rights (ZLHR), leading to his acquittal.
In the application, Zvada argued that the evidence presented by the state was “so manifestly unreliable that no reasonable court could safely act on it”.
He maintained that the alleged offensive words had not been proven to have been sent by him or posted in the Ward 24 Development Agents WhatsApp group.
In her ruling, Magistrate Tupiri said two of the state witnesses had made “bold assertions” without submitting evidence upon which a reasonable court could rely on to get a conviction.
Following the judgment, Zimbabwe Lawyers for Human Rights said the acquittal highlighted the importance of courts in scrutinising evidence in cases involving freedom of expression and alleged incitement.
ZLHR said the ruling demonstrated that allegations of online misconduct must be supported by credible and verifiable digital evidence before criminal liability can be established.
The case is the latest to test the boundaries of political speech and public order laws in the country where authorities have previously defended such prosecutions as necessary to maintain peace and stability.
Zvada is one of the Zaka South Constituency Member of Parliament, Clemence Chiduwa ‘s coordinators and is an ally to Zaka RDC Council Chairperson Fungai Maregedze who is Chiduwa’s wife in the heavily divided council.
However, Zvada’s arrest was not an isolated incident.
A 31-year-old police officer, Milton Murairwa, was arrested for posting a similar message on a WhatsApp group for police members. These arrests highlight the government’s efforts to crack down on dissenting voices, particularly on social media.
