High Court quashes King Munhumutapa conviction

Timothy Chiminya (King Munhumutapa)

HARARE — The High Court has overturned the conviction and 10‑month jail sentence handed to traditional leader Timothy Chiminya, who styles himself King Munhumutapa, after he was found guilty last year of allegedly undermining or insulting President Emmerson Mnangagwa.

Chiminya was arrested on 16 December 2024 and charged under section 33 of the Criminal Law (Codification and Reform) Act, which criminalises conduct said to undermine the authority of the President. A Harare magistrate, Tapiwa Kuhudzai, convicted Chiminya on 10 November 2025 and sentenced him to 10 months’ imprisonment on 13 November 2025. Prosecutors had alleged that Chiminya acted beyond his mandate by purporting to appoint traditional chiefs, a prerogative reserved for the Head of State, and by claiming to have dethroned certain traditional leaders.

On 20 February 2026, a High Court bench comprising Justice Benjamin Chikowero and Justice Maxwell Takuva quashed both the conviction and sentence, effectively acquitting Chiminya after upholding his appeal. The judgment set aside the magistrate’s findings and restored Chiminya’s liberty. Chiminya was represented on appeal by Gift Mtisi of the Zimbabwe Lawyers for Human Rights (ZLHR), which had previously secured bail for him pending appeal.

The appeal centred on whether the conduct attributed to Chiminya met the statutory threshold for “undermining the authority of the President” and whether the prosecution had proved the necessary elements beyond a reasonable doubt. Defence counsel argued that the actions complained of fell within customary leadership disputes and did not amount to a criminal offence under section 33. The High Court’s decision to quash the conviction indicates the judges found merit in those arguments or identified procedural or evidentiary defects in the magistrate’s ruling.

Civil society groups and legal rights organisations had monitored the case closely. The Zimbabwe Lawyers for Human Rights publicly assisted with Chiminya’s defence and secured bail earlier in the proceedings, underscoring concerns among rights advocates about the use of broadly worded offences to regulate speech and customary authority disputes. Observers say the ruling may prompt renewed scrutiny of how section 33 is applied in cases involving traditional leaders and political speech.

The High Court’s acquittal brings an end to the criminal sentence, but the broader questions about the scope of section 33 and the relationship between customary authority and state prerogatives remain live. Legal commentators say the judgment could be cited in future challenges to similar prosecutions, and rights groups are likely to continue advocating for clarity and restraint in the use of national‑security or public‑order offences against community leaders.

 High court; King Munhumutapa conviction quashed 2026; Timothy Chiminya