MEDIA MONITORING

Reported rape cases by the The

Independent, The Newsday, The Herald
and The Chronicle from January to
June 2014
THE INDEPENDENT

Rising rape cases: ‘Zim must go back to basics’

March 28, 2014 in News

A TWO-year-old girl from Bindura was kidnapped from the comfort of her family
home by two men who broke into their home.

Wongai Zhangazha

After helping themselves to the family’s hard-earned belongings, the criminals took the
little crying baby to a nearby mountain where they took turns to rape her.

Although she survived the ordeal that is sure to scar her for the rest of her life, she lay
there motionless in pain and confused. Her life will never be the same again; neither
will the lives of her family.

This shocking case is microcosmic of how society’s moral values have decayed, with
rape cases of all ages including infants and grannies increasing at an alarming rate.

Media reports and, more importantly, police statistics bear testimony to this worrying
trend of social degeneration and decadence.

According to the police, rape cases are on the increase. In 2011, 1 940 cases were
reported while in 2012 the figure rose to 10 871.

In 2012, under-16 girls raped totalled 1 553 with the figure rising to 1 628 in 2013. Of
course, many more cases go unreported for various reasons including stigma and family
pressure; so in reality the problem is worse than these grim statistics suggest.

Last year, courts around the country dealt with 2 089 cases of sexual abuse, including
sodomy. Sexual abuse cases against boys are also on the increase. Of these cases, 1 975
were perpetrated against females and 114 were against males.

While all rape cases are gruesome, the courts have had to deal with some rape cases
whose details would send shudders down the spine of even hardcore criminals
themselves.

Take the case that occurred in Mberengwa, where a man forced himself upon his minor
sister-in-law and, after raping her and in fear of being reported to the police, the man
bashed the girl and left her for dead in a bushy mountain.
Miraculously, the girl survived and luckily for her a passerby rescued her. For the
brutality, the man will spend the next 20 years in the slammer; a rather lenient sentence,
some have argued.

In Harare, a 14-year-old girl from the rural areas who was searching for employment
as a housemaid was raped after a female police officer had taken her in. The rapist, who
was the police officer’s husband, raped the minor twice, infecting her with HIV. He got
an effective 40 years.

Elsewhere in Masvingo, a Gutu man raped his own daughter on many occasions over a
long period of time. The man’s brother discovered the hideous acts and the matter was
reported to the police. The rapist will spend the next 20 years in jail.

In an interview, Chief Magistrate Mishrod Guvamombe expressed deep concern over

the increasing brutal rape cases, describing the situation as “worrying”.

“Criminology ascribes the commission of crime to various aspects, but one thing which
is clear is that general decay in morality is fuelling sexual abuse. There is a general lack
of respect for women’s and children’s rights by men,” he said.

“Moral issues are generally regarded as the responsibility of society, particularly the
church; what however scares everybody is that there is more decadence in some
churches than in beerhalls.

So, we naturally must go back to the basics as a country, have that self-introspection
and reorient ourselves on our societal and cultural values.”

Guvamombe also blamed the increase in sexual abuse to economic challenges that have
forced people to live in conditions that promote sexual abuse. He said the Judicial
Service Commission launched the protocol on the multi-sectoral management of sexual
abuse and violence which brings together numerous stakeholders to fight “this
scourge”.

As part of the fight against rape, currently there are adverts in the media warning on the
dangers of rape and encouraging victims to report their ordeals to the police and seek
psychological support.
Former deputy minister of Women Affairs and an advocate for women’s issues, Jessie
Majome, said the sentences for rape did not match the gravity of the crime committed.

She said: “If you look at the girl from Mberengwa, 20 years for the perpetrator appears
to be quiet lenient. This man abducted this girl, raped her and attempted to murder her.

These are very serious crimes. One count of rape should be 30 years and then you also
take into account attempted murder which is a more serious crime.”
Majome said government was not doing enough as far as gender-based violence is
concerned.

“We have all these fantastic documents that are just sitting there. We had the Zimbabwe
National Gender Policy of 2012 which was developed as a guiding framework for all
stakeholders. There is no co-ordination at all, as there is no specific strategy for
implementation,” she said.

Zimbabwe clearly has much to do if it is to attain each of the 28 targets of the Sadc
Gender Protocol by 2015 which include protection from gender- based violence, health,
HIV and Aids and sexual harassment.

News day

Poor handling of rape, sexual abuse cases defeats fight against the twin evils
April 24, 2014 in Feature Story

FIGURES from the Zimbabwe National Statistics (ZimStat) indicate that at least 15
women are raped every day in the country.

Phillip Chidavaenzi

Although some of the culprits have been successfully prosecuted and thrown behind
bars, sometimes, even for over 20 years, others have walked free after fighting the
criminal charges. Their acquittal, however, was not so much influenced by their
innocence, but lack of sufficient evidence to nail them down.

The absence of forensic investigations — including DNA testing — has seen many rape
suspects getting off the hook due to lack of evidence, and Harare West MP Jessie
Majome (MDC-T) is passionate about redress of this deficiency in the country’s legal
system.

“The whole idea of investigating is to secure evidence to pin down an offender. With
the use of rape kits, you can’t go wrong on the issue of identity,” she told NewsDay.

The former Women’s Affairs deputy minister said the criminal registration book at the
Harare Regional Court showed that most of the rape cases brought before the court
failed.

“The bulk of the cases failed in prosecution,” she said. “The suspects got off the hook
because the cases were either withdrawn or the witnesses ended up not speaking due to
fear.”
Many rape victims, apart from often reporting the abuses late when most of the critical
evidence would have been erased, have also suffered injustice at the hands of the justice
delivery system, which is often ill-equipped to collect relevant evidence.

Rape, violence against women on the increase

Police officer commanding Harare, Senior Assistant Commissioner Clemence

Munoriarwa, recently said at least 400 children were raped, while 392 female adults
were abused, in 2013 alone.

Although the rape statistics represented a decrease from the 2012 figures, they were
still worryingly too high.

“We have to do certain things right as Zimbabweans,” Munoriarwa said. “We just have
to go back to our culture, to basics and respect our children.”

Munoriarwa said statistics from 2013 painted a disturbing picture of growing violence
against women and children. He said the police, recorded 792 cases of violations
against women and children.

But the statistics, according to women groups and the police, could be understated as
many cases go unreported due to the nature of the country’s conservative social
structure and make-up.

Some of the perpetrators have been arrested and have their cases pending before the
courts, while others were on the run.

“In some cases, we have a father raping his own daughter — it is very saddening and
worrying. People are driven to extremes by traditional healers that raping a minor will
cure HIV and Aids which is scientifically wrong,” he said.

In November last year, a statement by the Women’s Coalition of Zimbabwe — an

umbrella body representing more than 200 women’s rights groups — called on
Zimbabweans to use the 16 Days of Activism Against Gender-Based Violence to
denounce all forms of gender-based violence (GBV).

The group expressed alarm at the “increasing cases of gender-based violence in the
country” where “68% of women have experienced some form of violence”.

Musasa Project, one of the first groups to provide counselling and temporary shelter to
women survivors of domestic violence, is recording an average of 300 cases of violence
against women each month.

Musasa Project director Netty Musanhu was quoted saying the figures were worrying.
“The statistics gathered through cases reported to us, the police and the courts are very
worrying and indicate an increase in the number of women and girls being raped.

“So we are using these 16 Days to urge everyone to reflect on what these numbers really
mean and represent.

“Does it mean that as a society we have lost our values when newspapers frequently
carry reports of babies being raped?”

Realignment of laws needed

Majome said it was important for relevant government ministries to present a

Memoranda of Bills to Parliament amending pieces of law that deal with violence and
rape such as the Criminal Law (Codification and Reform) Act, Criminal Procedure and
Evidence Act and Marriages Act.

“This will effect the necessary changes to that and will set stiffer sentences for
offenders, curb GBV and provide support for survivors,” she said.

She said it was disappointing that the National Gender-Based Strategy (2012-2015) was
yet to be implemented and she would push for it.

Musanhu said it was not helpful to have a raft of watertight pieces of legislation that
were, however, not enforced.

“But good laws are useless if they do not translate to positive action. The paltry
sentences given to sexual violence perpetrators are a case in point,” she said.

Unavailability, poor handling of rape kits

Majome said while there have been shortages of rape kits at police stations, the country
had not done any DNA testing since 2009.

It was established during a Victim Friendly Court stakeholder meeting held in

September last year in Gwanda that the widespread shortage of rape kits at the country’s
police stations has resulted in victims being denied justice while perpetrators remained
free.

A rape kit contains instruments that are used by a doctor to obtain swabs and slides,
blood, saliva, pubic hair, fingernails and scrappings from rape victims which are sent
for forensic tests to identify perpetrators and the results are used as evidence in court.

A Victim Friendly Unit officer at Gwanda Police Station, Sergeant Tonderai Matara,
said they were operating with only one rape kit which was currently at the Police
Forensic Laboratory in Harare.
“Gwanda has one rape kit which was sent last week to the forensic lab in Harare and
we are trying to get more kits,” Matara said.

“Currently the lab has a backlog and it takes three to four months for results to be
released.”

Harare provincial magistrate Douglas Vakayi Chikwekwe told the meeting that there
was need for authorities to ensure that rape kits were always available at police stations
across the country considering the surge in rape cases.

Majome accused the government of not fulfilling its obligations in effectively dealing
with cases of sexual abuse and leaving the burden to non-governmental organisations.

“We should not rely on NGOs. NGOs must only support government. But it’s
unfortunate that government does not have even a single shelter for rape survivors,”
she said.

Majome, however, said she was happy that government was heeding her call for stiffer
sentences for GBV way before her motion in Parliament to that effect had been passed.

Presenting a motion where she was calling for stiffer penalties for perpetrators of GBV
in Parliament, Majome called on government to equip police stations with forensic rape
kits.

“Rapists get off the hook because we continue to use poor, primitive and inefficient
investigation methods when dealing with rape cases,” she told the House.

“We do not use scientific evidence such as DNA and we overly rely on viva voce
evidence and the evidence of witnesses.”

Majome said because there were instances when victims got threatened by the
perpetrators or failed to accurately relate events leading to the rape, rapists were
walking scot-free.

“Sometimes they will not be believed for all sorts of reasons,” she said.

The Zimbabwe Republic Police reported that between January and October 2013, 3 421
rape cases were reported to the police while Commissioner-General Augustine Chihuri
last year revealed that the ZRP had recorded a 6% increase in the rape of juveniles and
3% among adults.

The Director of Public Prosecution in November last year advised that his department
had handled 1 059 rape cases.
“We have a weak legislative and legal response to rape and other forms of GBV. Rape
is notorious for being one of those most under-reported crimes where less than 20% of
any of the rapes that occur are ever reported,” Majome said.

According to the country’s first Violence Against Women Baseline survey, 68% of the
3 326 women interviewed admitted having experienced some form of violence in their
lifetime, while 46% of the 3 274 men said they had perpetrated some form of violence
in their lifetime.

Rape victim told to marry offender

July 18, 2014 in Courts, News

An ODZI man, who allegedly raped a Mutare juvenile with the blessing of the victim’s
grandmother, appeared before the court facing rape charges.

Obey Manayiti

Staff reporter

Tafadzwa Kanjanda was not asked to plead when he appeared before magistrate Sekai
Chiundura and was remanded to August 1. He was advised to apply for bail at the High
Court.

Charges against the accused are that on a date unknown to the State but in June this
year, the accused had been trying to lure the 14-year-old complainant on different
occasions to no avail.

According to the State, the complainant’s grandmother suggested to the juvenile to love
the accused and marry him, threatening the juvenile that she would stop taking care of
her if she refused.

Later in the evening of the same day, the complainant’s grandmother went to visit a
friend in Chikanga suburb and left the juvenile alone.

The complaint slept in the dining room alone and later in the night, the court heard, the
accused person sneaked into the complainant’s blankets and all the efforts she made to
restrain him were futile as she was raped without anyone coming to her rescue.

In the morning, the complainant told her grandmother what had happened, but no action
was taken.
Instead, she was told to marry the accused. The accused took the juvenile to Odzi where
he introduced her as his wife. In Odzi, Kanjanda continued raping the complainant for
about three weeks until the accused’s mother gave her busfare to return to her home in
Mutare.

Upon return to Mutare, the complainant revealed to her mother what had transpired,
leading to the arrest of the accused.

A medical examination was conducted at Mutare Provincial Hospital where it was

confirmed that she had been raped.

The state said the accused had no right to act in the manner that he did.

Rape suspect flees judgment

July 17, 2014 in News

MARONDERA magistrate Clever Tsikwa on Tuesday issued a warrant of arrest for a

rape suspect, Howard Mawondo, who vanished from the court premises before the
delivery of his judgment.

Wadzanai Madhibha

Own Correspondent

Mawondo (28) was facing allegations of raping his neighbour’s 16-year-old maid.

The court heard that on June 16 this year, the complainant was cleaning her bedroom
when Mawondo stormed into the room and raped her.

After the act, it is said Mawondo went to his house where he collected some family
planning pills and ordered the complainant to take them to avoid falling pregnant. When
she refused to cooperate, Mawondo allegedly pleaded with her to keep the matter under
wraps and promised to marry her in August.

The complainant’s employer then entered the room and she narrated the incident to
him, leading to Mawondo’s arrest.
Headman up for rape

July 14, 2014 in News

CHINHOYI — Headman Joel Chagwa Munyaka of Sanyati under Chief Hozheri was
arrested last week Thursday on charges of raping an 11-year-old girl from his village.

Nunurai Jena

Own correspondent

Police sources said the girl, a school dropout whose parents are both dumb and deaf,
spilled the beans when her parents beat her up after she failed to account for several
goodies and a $50 note found in her possession.

The girl allegedly implicated the traditional leader saying their relationship started in
January this year when she tilled his fields for a fee.

The matter was reported at Sanyati Police Station, but the police were reportedly
reluctant to arrest Munyaka until the recent intervention of officials from the National
Council of Disabled Person.

Augustine Hozheri, chairman of the Sanyati district National Council of Disabled

Persons confirmed the incident yesterday saying he intervened after police attempted
to sweep the matter under the carpet.

“Just like many cases in Sanyati the police wanted to sweep the case under the carpet,
but we stood our ground and we will not rest until the law caught up with the headman,”
Hozheri said.

Munyaka is likely to appear at the Kadoma Magistrates’ Courts today.

Mashonaland West police spokesperson Inspector Clemence Mabgweaazara declined

to comment on the matter, referring all questions to his superiors in Harare.

Prophet rapes girl (17) to ‘remove nyora in womb’

July 9, 2014 in News

A 22-year-old self-proclaimed Chitungwiza prophet was arrested on charges of raping

a 17-year-old girl whom he said had nyora (incision marks) in her womb which needed
cleansing.

Vimbai Marufu
Tafadzwa Ushe denied rape charges when he appeared before Chitungwiza magistrate
Estere Chivasa on Tuesday.

The incident took place in Masona village in Seke.

It is the State’s case that on June 11 this year at around 9am, the 17-year-old girl from
Mude village went to Ushe’s church in Masona for spiritual healing.

The victim was told that she had incision marks in her womb which needed to be
removed.

Ushe then instructed the complainant to go and buy an egg to be used in the healing
process. But when she got back he was not around and had to wait for his return.

Further allegations are that when Ushe returned, he informed the complainant that the
healing process was to be conducted near the gardens, but she refused to go with him.

Prosecutor Karen Kunaka told the court that Ushe then started speaking in tongues and
told the 17-year-old girl that if she refused to be healed she was going to die.

When they reached the bushes, Ushe instructed the complainant to break the egg and
to remove her pant, but she refused.

The court heard that Ushe then took a cloth and covered the complainant’s mouth
making her dizzy and he raped her once.

Ushe was remanded in custody to tomorrow for continuation of trial.

Madzibaba up for rape

July 8, 2014 in News

THE trial of a self-styled dreadlocked “prophet” with the Johanne Masowe eChishanu
Nyenyedzi Nomwe who allegedly used a snake kept at his shrine to instil fear into a
woman who had come for prayer before raping her has been scheduled for August 24.

Senior Reporter

Madzibaba Shepherd Mavhunga (41) of Glen View 1 was yesterday advised of his trial
date when he appeared before Harare magistrate Donald Ndirowei for his routine
remand hearing.

The court heard that a female church member came across the huge snake after
Mavhunga had instructed her to get into a hut located at the shrine to collect some
“anointed water” he wanted to use to cleanse her. It is alleged that the woman screamed
after the snake started hissing and charging towards her.

When she tried to flee, Mavhunga allegedly grabbed her and raped her twice without
protection. The court heard that afterwards, he issued death threats to the woman if she
disclosed the matter to anyone.

The woman and her three colleagues were said to be having personal problems at the
time and Mavhunga ordered them to stay at the shrine as he “ministered” to them.

After a worship service on the night of May 22 at around 11pm Mavhunga went to his
place of residence while the women remained at the shrine.

It is alleged that around midnight, Mavhunga returned to the shrine and woke up the
victim and they started praying. He allegedly raped the woman for the second time
when she tried to flee.

The woman is said to have gone back to where the other women were sleeping but
could not awaken them as Mavhunga allegedly followed her and ordered her to calm
down or else she would die.

It was only after the woman had escaped from the shrine that she made a police report.

Bank manager up for rape

June 20, 2014 in News

THE FBC Bank operations manager for Makoni branch in Chitungwiza appeared in
court yesterday facing charges of raping his 27-year-old co-worker.

Vimbai Marufu

Shingirai Nonyani (32), who resides in Zengeza 2, was remanded out of custody on $50
bail by Chitungwiza magistrate Lazarus Murendo to June 25 for trial.

According to the State, circumstances of the matter are that on a date unknown to the
prosecutor in the month of September 2013, at around 1600 hours, the accused followed
the complainant to the kitchen at FBC Bank and fondled her breasts and buttocks.

Further allegations are that in December 2013 at around 1700 hours, the accused person
dragged the complainant to the sink room at their workplace and warned her not to
make any noise.

Nonyani then lifted the complainant’s skirt and pushed her against the wall, put on a
condom and raped her.
On the second count, on another date not known to the prosecutor, but sometime in
February, around 1900 hours, the complainant finished work late and the accused
person escorted her to her home in Zengeza 5.

It is alleged that Nonyani drove towards Cone Textiles Industries in Chitungwiza where
he parked his car and then asked the complainant why she had turned down his love
proposal.

He then pushed the complainant and the seat downwards before raping her again with
a condom.

The complainant’s made a police report after her relations with the accused had gone
sour as her contract at work was terminated.

Nonyani is represented by Charles Chikore of Mutsahuni, Chikore and Partners, while

Norman Koropi appeared for the State.

Anti-rape campaign launched

June 20, 2014 in News

THE launch of the national campaign against rape yesterday by Vice-President Joice
Mujuru turned highly emotional when a woman whose 14-year-old niece was married
off to an elderly man by the Johanne Marange Apostolic sect broke down at the podium
while narrating the issue.

Veneranda Langa

Earlier on VP Mujuru — who had already left the podium when the woman broke down
— had given statistics that during 2012 to the first quarter of 2014 a total of 3 571 adult
women had been raped while 7 411 girls were raped.

The Zimbabwe Republic Police (ZRP) had also given statistics that between January
and May this year 1 494 cases of rape of minors were reported.

Women Affairs, Gender and Community Development minister Oppah Muchinguri

comforted the woman who was now crying uncontrollably. Several other women
attending the event shouted demanding prompt action against members of the sect who
were allegedly marrying off girls at a young age and those ordering others not to access
medical help.
The event was attended by more than 2 000 people. When the woman narrated the
ordeal of the 14-year-old girl who was married off as the fifth wife to a Johanne
Marange sect member, the crowd shouted that action should be taken on such sects to
stop abuse of minors.

“Chiefs are also abusing children and marrying young girls, as well as members of the
Johanne Marange Vapostori sect who claim to have visions through dreams that tell
them to marry young girls and minors in the name of religion,” said one woman
participant.

“I speak with a heavy heart because my niece from Marange was married off at 14 by
her Vapostori grandparents as wife number five to an old man, and her younger brother
was also denied medical care for a curable ailment until he died.”

Some of the participants demanded life imprisonment for rapists, and castigated the
judiciary services and police for allegedly taking bribes from rapists and sweeping cases
under the carpet.

Some claimed even ministers were raping minors. They said rich people were getting
away with rape crimes by paying bribes while poor criminals were the only ones that
were being brought to book.

The atmosphere turned emotional to the extent police details were deployed at strategic
points to control tempers.

The ZRP was represented at the launch by senior female commissioners.

Ministry of Justice, Legal and Parliamentary Affairs permanent secretary Virginia

Mabhiza said rape sentences for serious offences ranged between 10 and 20 years per
count.

Mujuru said she was not proud to be the patron of the Apostolic Christian Council of
Zimbabwe where some of its members (Johanne Masowe WeChishanu) beat up its
leader Johannes Ndanga and police officers.

“How do we enjoy independence when there is sexual abuse in the country? You cannot
take a three-year-old and make her a wife. President Robert Mugabe is not happy that
every Monday the ZRP brings increasing statistics of children raped by their relatives.
Sexual abuse is also happening at churches which are supposed to be the moral
watchdogs. This is horrendous, appalling and sheer madness and must stop,” she said.

Muchinguri said she supported First Lady Grace Mugabe’s suggestions that rapists
should be beheaded.
“There should be review of rape sentences and I agree with Amai Mugabe that their
heads should be cut off. We should incorporate issues of rape and sexual abuse in the
education curriculum and increase male involvement in fighting sexual abuse,” said
Muchinguri.

President of the Chiefs’ Council Chief Fortune Charumbira said there was no customary
practice that allowed early child marriages, rape of minors and incest, adding religious
sects which married off young girls were just being exploitative and must be brought
to book.

Prophet, wife team up for rape

June 16, 2014 in News

Chitungwiza magistrate Lazarus Murendo last Friday presided over a matter in which
a woman allegedly helped her prophet husband to rape a 16-year-old girl who had
visited them seeking spiritual cleansing.

Own Correspondent

The couple — Heriton Chikanga (33) and his wife Viola Chaka (20) — were not asked
to plead to the rape charge and remanded in custody to June 27.

The State alleges that on May 18, the complainant visited Chikanga’s shrine in
Highfield, Harare, seeking spiritial cleansing.

She was later advised that the process would be continued at Chikanga’s home in Unit
K, Chitungwiza, and the juvenile allegedly complied.

When they got home, Chikanga allegedly declared that the complainant was his new
wife, but the latter denied being in a relationship with him.

As if working in common purpose, Chaka allegedly grabbed the girl, forced her into
their bedroom, undressed her and pinned her to the ground while her husband raped the
girl.

After the alleged act, the couple and the complainant slept in the same room.

Chikanga allegedly woke up at night and raped the girl again.

In the morning, Chaka gave the complainant $1 for bus fare and ordered her to go back
home.
The complainant allegedly spilled the beans to her aunt the following day, leading to
the couple’s arrest on June 5.

Traditional healer jailed 27 years for rape

June 11, 2014 in News

A 49-YEAR-OLD Goromonzi traditional healer, Allen Matare, was on Monday

slapped with a 27-year jail term by Marondera magistrate Clever Tsikwa after he was
convicted on two counts of rape.

Wadzanai Madhibha

Matare will, however, serve an effective 22-year jail term after five years were set aside
on condition of good behaviour.

Circumstances into the matter were that on February 26 last year, the complainant, who
is a married woman (name withheld), travelled from South Africa to Zimbabwe and
went to Matare’s residence where her sister was being treated for mental illness.

She stayed at Matare’s residence until it was late and was given a room to sleep. The
court heard that Matare later sneaked into the room and raped her.

Two months later, the woman’s 15-year-old sister also went to visit her mentally-
challenged sister who was still in the custody of Matare.

The juvenile went to sleep with two of Matare’s wives. At midnight, Matare sneaked
into the room and raped the juvenile in the presence of his wives.

The matter came to light when the two victims narrated their ordeal to another
traditional healer from the same area, leading to Matare’s arrest.

In passing judgment, the court noted that cases of women being raped by prophets,
traditional healers and pastors were on the increase, hence a lengthy custodial term
would act as a deterrent to would-be-offenders.

Tariro Shirichena represented the State.

Father ‘rapes daughter (14) to test her virginity’

June 2, 2014 in Courts, National, News

A 34-YEAR-OLD Chitungwiza man allegedly raped his 14-year-old daughter last

week in a bid to test her virginity, the court heard.
Vimbai Marufu

Own correspondent

The suspect, who lives in St Mary’s high-density suburb was not asked to plead when
he appeared before Chitungwiza magistrate Lazarus Murendo last Friday.

Circumstances of the matter were that on May 26 at around 7pm, the suspect got home
and found his daughter in the toilet, but was not convinced with her answers as he
suspected that she was in the company of her boyfriend.

Prosecutor Norman Koropi told the court that the accused later ordered her to prepare
her bed in the kitchen where she slept.

After she finished making her bed, the accused locked the door and started accusing
her of engaging in sexual activities.

When the complainant denied the charge, the accused got up and forcibly conducted a
virginity test by inserting his fore finger into her private parts and licking her breasts
once without her consent.

He later switched off the lights in the room and raped her after turning on the radio to
subdue her cry for help.

After the act, the accused went to sleep in his bedroom and left the complainant crying.

The following day the complainant reported the matter to her mother who stays in
Zengeza 3, leading to them filing a rape charge against him. The court remanded him
in custody to June 13 for trial.

Conjugal rights or marital rape: That is the question

May 31, 2014 in General, National, News

ONE of the most important features of a marriage are the unlimited conjugal rights that
each of the parties to the union enjoy.

Cliff Chiduku
Conjugal rights may be defined as the rights that a husband or wife is entitled to in a
marriage — the right to be intimate with his or her spouse.

It is, however, not unusual to find a spouse being denied the right for various
reasons. The denial of conjugal rights by either party may create tension between
couples. This can be the basis for divorce.

The media is awash with stories of married couples fighting, with some fights ending
tragically, after the other has been denied conjugal rights.

Some of the devastating effects of these battles for conjugal rights manifest themselves
like when tragedy struck a Kuwadzana family last year when a toddler died upon
admission at a referral hospital in the capital after being crushed by a sewing machine
which fell on her when her parents were fighting over this issue.

Eyewitnesses say the couple was at each other’s throat after the wife refused to be
intimate with her drunken husband of three years, whom she accused of bedding several
other women.

This tragic incident clearly demonstrates how not to handle conjugal rights in marriage.
This case is just a clip in a series of complex marital situations that many couples go
through.

Marriage counsellor Maud Nyashanu says there are several reasons why a spouse can
deny the other the right to intimacy.

“A party may deny the other their right to sex because, either they don’t want to expose
themselves to sexually transmitted infections (STIs), or expose their partners to STIs in
case no protection is being used. It is a criminal offence under the Sexual Offences Act
to knowingly infect someone with the HIV virus.”

Nyashanu added that a spouse can refuse to be intimate because s/he is not in the mood
or the environment might not be conducive for the act. She urged spouses to respect
each other’s choices.

“Every man and woman has a right to safe and satisfying sex and when there are no
barriers sex can be enjoyable.”
In the event a spouse is denied intimacy for whatever reason, in most cases the husband
can resort to forcing his way on his wife — a case of marital rape.

Whose rights are conjugal rights?

[Link] defines marital rape, also called spousal rape, as an act of sexual assault
by an intimate partner.

It can also be defined as non-consensual sex in which the perpetrator is the victim’s
spouse. As such, it is a form of partner rape, domestic violence or sexual abuse.

To one whose sex advances were spurned it is a right denied, but to the “victim” it is a
case of marital rape. It brings to the fore the question: Whose rights are conjugal rights?

Though there are several international conventions that criminalise it, marital rape is
still widely condoned and has been accepted as a spouse’s privilege.

For many, marital rape could mean anything, from yet another violation of human rights
to a bedroom matter, which should remain private. They see bedroom matters as
contentious issues that should be dealt with within the four walls of the inner house.

Sixty-three-year-old Wiston Mungure does not believe in the concept of marital rape.
He said he does not see how engaging in intimacy with one’s own wife can be rape.

“Can an apple farmer be charged for plucking a fruit from his plantation?” he
asked. Mungure said even if a husband is forcing himself on probably his sick wife, he
still does not see it as rape. “A wife is obliged to look after her husband’s needs in and
out of the bedroom with a few exceptions.”

Tatenda Nyika, a married father of two, finds it difficult to understand the marital rape
concept.

“Having sex with my wife is no crime. This is an alien concept which goes against our
cultural norms as Africans. Besides, it is only the two of us, so who decides it is rape?”

Emillia Supia (30) said even though sex is a vital component of a marriage, which
serves more purpose than to please each other, she said she can’t force herself on her
husband no matter what circumstances.
“I have not experienced it and I doubt if I will in my lifetime. I doubt it is common as
some people want us to believe. He is my husband, for the sake of the marriage I have
to let it happen without necessarily saying yes.”

However, Zimbabwe Women Lawyers’ Association legal officer Isabel Mapingure

Palasida said marriages should be built on mutual respect.
“First, marriage is not about sex and sex is not marriage. If we are getting into marriages
for sex, then we are heading for disaster.

Marriage is premised on mutual respect, love and partnership,” she said

Palasida added: “Second, rape is any form of sex which is non-consensual.

If she says no, regardless of her reason, it’s rape, even if you’re married. The fact that
the man made dowry payments to his wife’s parents do not mean she (wife) is now his
property. Spouses should respect each other.”

However, Palasida said it is unfortunate many women are afraid of reporting marital
rape cases.

“After all, marriages are all about compromise. Sexual rights should be negotiated and
forcing oneself onto the other, especially a husband forcing himself onto his wife,
constitutes marital rape. Many women face marital rape, but they cannot report because
it is socially accepted and it is difficult to press charges when the husband has paid
money as lobola.”

Gender mainstreaming organiSation, Padare/Enkundleni/Men’s Forum national

director Kelvin Hazagwi said there are better ways of seeking redress in the event that
a partner is denied the right to sex rather than resorting to violence.

“Conjugal rights are a very important component of marriage. Both men and women
are expected to be always available for their partners in times of such need. However,
this does not mean that a partner should always submit to the other’s sexual advances
always. There are times when one partner, due to a number of reasons, may not want
to have sex and the other should respect his or her right to say no to sex.”

Hazagwi urged couples to communicate to avoid tension in the event that one is not in
the mood for the bedroom activities.

“There is need for couples to communicate openly on sexual matters so that when one
is denied conjugal rights, he/she will understand the reasons and take positive action to
address the situation. Effective communication provides an opportunity to talk about
problems and come up with non-violent ways of solving them. Violence does not solve
anything; instead it creates more problems, for the couple, their children, family
members and society in general.”
In November last year, Women’s Affairs, Gender and Community Development
minister Oppah Muchinguri was quoted telling female legislators attending a
conference on ending sexual violence that many women were being raped by their
husbands and partners.

“All of you in this room who are married or have a partner have been raped at some
point,” Muchinguri said. Most Zim women have been victims of GBV

Though statistics of marital rape are difficult to ascertain, a study by the Women Affairs
ministry in conjunction with Gender Links revealed that at least 68% of women in
Zimbabwe have suffered from gender-based violence perpetrated by men.

Twenty-six percent of women experienced violence perpetrated by an intimate partner

in the period 2011-2012.

Thirteen percent of men in the country admit to perpetrating some form of violence
against their intimate partners during a similar period.

Marital rape is enshrined in the Domestic Violence Act. It is also listed as one of the
forms of domestic violence in the 1993 United Nations Declaration for the Elimination
of all Forms of Violence against Women which Zimbabwe ratifies.

The Act reads: “Domestic violence constitutes any act of omission of

a perpetrator which harms, injures or endangers the health, safety, limb, or well-being
whether, mental or physical of the victim or
tends to do so and includes causing physical abuse, sexual abuse, emotional, verbal and
psychological abuse.”

However, Peter Nharo — a member of an apostolic sect said: “We are creating
problems for ourselves by making marriages more of a legal affair. Everything is now
being subjected to the law even where not necessary.

“In the end, we will have unstable families, with children lacking parental love and care
because of breakups and the end society suffers with un-cultured people.

“If we still want the marriage as an institution to remain intact, we should not allow it
to be made a legal affair.”
Social commentators argue that the patriarchal nature of society often made it difficult
to enforce legal provisions against marital rape.
The fact that most women are economically disempowered and dependent on their
husbands for survival discourages them from reporting cases of marital rape — many
are likely to suffer in silence.‘Prophet’ absconds rape trial

May 19, 2014 in Courts, National, News

Chitungwiza magistrate Estere Chivasa has issued a warrant of arrest for self-styled
“prophet” Admire Dovi, who allegedly skipped trial last Thursday in a matter where he
is accused of raping a 15-year-old girl.

Vimbai Marufu

Dovi, of the Ministry of God International Church, is alleged to have raped the teenage
girl sometime in February this year claiming he wanted to exorcise a spiritual husband
who was haunting her.

The State alleges that on an unknown date, but sometime in February, the complainant
and her boyfriend Munyaradzi America, met the accused in Unit L, Chitungwiza.

The trio allegedly proceeded to America’s place of residence in Unit M.

They sat in a tuckshop where Dovi asked about the pair’s relationship.
Late in the evening, Dovi allegedly instructed America to go outside so that he could
prophesy to his girlfriend.

He then went on to say her that she had a spiritual husband who was haunting [Link]
said he would cleanse her of the demon.

America then immediately came back and asked Dovi to leave the place, but the latter
refused and proposed that they should all sleep inside the tuckshop.

America and his girlfriend obliged and agreed that the complainant sleeps in the middle.
During the night, Dovi allegedly fondled the complainant’s breasts and stopped only
after she raised alarm.

The complainant was advised to go and sleep in the spare bedroom where the accused
followed.

Dovi said he also wanted to sleep in the same blankets with her.

The accused allegedly started fondling her breasts and forcibly removed her clothes and
had sexual intercourse with her.
After the act, the accused got out and then took the complainant to his friend, Lucia
Mutsetse, to stay there until he could marry her.

The matter only came to the fore on April 10 when the complainant spilled the beans
to her relatives, leading to Dovi’s arrest.

Kereke in hot soup over rape

May 15, 2014 in News

HIGH Court judge Justice Happious Zhou yesterday ordered the private prosecution of
Bikita West MP Munyaradzi Kereke over allegations of raping a minor four years ago.

In a judgment delivered in Motion Court, Justice Zhou ordered Prosecutor-General

(PG) Johannes Tomana to issue a certificate of private prosecution to the girl’s
guardian, Francis Maramwidze.

Maramwidze had filed an application with the High Court after Tomana declined to
prosecute Kereke for lack of evidence.

Speaking after the judgment, Maramwidze’s lawyer, Charles Warara, said they were
now waiting for the PG to avail the certificate of private prosecution.

“We will have to proceed in terms of the directive of the High Court, obviously taking
into consideration what the Prosecutor-General will do.
The order is specifically for him to issue a certificate for the applicant in this case to
proceed to prosecute on a private basis,” Warara said.

“So what that means is that we just have to wait for the response from the PG. Once
they avail the certificate, then we proceed in terms of the law.”

Kereke, who is the former adviser to ex-Reserve Bank of Zimbabwe governor Gideon
Gono, is accused of sexually abusing his then 11-year-old relative’s daughter at
gunpoint in October 2010.

The matter at the time was reported to police, who referred the docket to the then
Attorney-General’s Office, where prosecution was declined.

In his application before Justice Zhou, Maramwidze claimed to have lost faith in the
country’s judicial system owing to the failure by the prosecuting authority to bring
Kereke before the court for prosecution.
“When I made a report to the police, a docket was opened under CR02/10/10,”
Maramwidze said.

“I then took the girl to the hospital for medical examination. Following this, the police
were expected to take the case a step further by effecting an arrest, [but] that was not
done and he [Kereke] was not even called to the police station.”

Maramwidze further claimed all his efforts to have Kereke interrogated over the rape
allegations met stiff resistance from the law enforcement agents who were allegedly
connected to him being an “influential” person.

“I made further reports to ZRP [Zimbabwe Republic Police] about his frequent visits
and threats and the police advised me not to entertain him. They even told me to be
very careful with the children as well as my wife since he [Kereke] was well connected
to ZRP and CID officers who were protecting him and who could harm me,” he said.

Maramwidze said at one point, he held a meeting with one Police Senior Assistant
Commissioner at Creda Court in Harare who allegedly admitted that they had failed in
carrying out their mandate.

“When I asked him about the police charter and what it states on rape cases, he
categorically admitted that the ZRP had failed in its duty to bring this case before the
courts of law as well as failed to put the accused in custody or even arrest him because
he was influential,” Maramwidze said.

Man rapes, infects teenager with HIV

May 10, 2014 in Crime, National, News

A 14-YEAR-OLD Mhondoro girl on Tuesday gave a chilling account of how she was
allegedly raped and infected with HIV by a 47-year-old man whom she had been forced
to marry by her grandmother four years ago.

Charles Laiton

The girl made the disclosures while testifying against her alleged rapist Sebastian
Chengera at the Harare Regional Court.

She told the court that when she reported her alleged abuse to her grandmother, the
latter advised her to stay with the man as her husband.

“He infected me with a disease and I’m HIV positive . . . we went with my grandmother
and told him that he had infected me with a disease, but he denied it. When I left his
house, my grandmother said I should live with him since he was the one who interfered
with my health,” the girl told regional magistrate Sandra Mupindu.

The incident leading to the teenager’s abuse started at a village in Mhondoro where the
girl stayed with her grandmother.

According to the State, during the early hours of July 30 2010, Chengera and the
teenager’s grandmother forced the minor onto a Harare-bound bus after indicating to
her that she was going to get married to Chengera.
It is alleged Chengera and the teenager boarded the same bus and disembarked in
Harare whereupon Chengera took the girl to Workington industrial area.

While at an open space, the court heard Chengera told the complainant to sit down and
threatened to cut her head off if she spurned his sexual advances.

He, thereafter, fondled the teenager’s breasts and later raped her once. After the alleged
abuse, Chengera took her to his former workplace and left her outside the main gate as
he went inside to conduct some business.

“That’s when I met a certain lady who was in the office called Fungai. This woman had
found me seated at the gate,” the teenager said.
She said she then narrated her ordeal to Fungai who in turn made a police report, leading
to Chengera’s arrest.

However, Chengera pleaded not guilty to the rape charge and denied ever abusing the
teenager in the manner alleged in court.
The trial continues next week on Friday.

Man (72) rapes mentally challenged teenager

May 2, 2014 in National, News

A 72-YEAR-OLD Norton man, Silas Tapfumaneyi Chitiki was allegedly caught while
sexually molesting a 17-year-old mentally-challenged teenager in his house.

Charles Laiton

Senior court reporter

The senior citizen was allegedly caught red-handed by a 10-year-old girl, who followed
the mentally-challenged teenager as she was being shepherded into Chitiki’s house.

The incident that left Chitiki’s neighbours shocked allegedly occurred on January 8 this
year at around 6pm.
According to the State papers, the complainant visited Chitiki’s house where she
wanted to get some mango fruits in his yard.

The teenager proceeded to pick fruits from the trees and was approached by Chitiki,
who held her by the hand and led her into his house.

At that juncture, the State alleges that the girl witness saw the unfolding events and
decided to follow the pair to find out what was about to take place.

It is alleged that when the witness drew nearer Chitiki’s house, she peeped inside and
saw Chitiki on top of the teenager having sexual intercourse with her without her
consent.

The State alleges that the witness left the premises and reported the matter to the
teenager’s relatives.

The matter was later reported to the police leading to Chitiki’s arrest.

A medical report compiled by the doctor who examined the teenager indicated that
penetration was effected.

On Wednesday, Chitiki – who was struggling to walk due to old age and unable to hear
properly – was not asked to plead when he appeared before regional magistrate Noel
Mupeiwa charged with rape.

He was, however, remanded out of custody to May 23 for trial on $50 bail.

Details of his next remand date had to be written down on a piece of paper on his behalf
by regional court interpreter Shamiso Maposa as he was unable to follow the court
proceedings.

He was, however, advised to hand over the piece of paper to his grandchildren to enable
them to remind him of his next court date.

Poor handling of rape, sexual abuse cases defeats fight against the twin evils

April 24, 2014 in Feature Story

FIGURES from the Zimbabwe National Statistics (ZimStat) indicate that at least 15
women are raped every day in the country.

Phillip Chidavaenzi

Although some of the culprits have been successfully prosecuted and thrown behind
bars, sometimes, even for over 20 years, others have walked free after fighting the
criminal charges. Their acquittal, however, was not so much influenced by their
innocence, but lack of sufficient evidence to nail them down.

The absence of forensic investigations — including DNA testing — has seen many rape
suspects getting off the hook due to lack of evidence, and Harare West MP Jessie
Majome (MDC-T) is passionate about redress of this deficiency in the country’s legal
system.

“The whole idea of investigating is to secure evidence to pin down an offender. With
the use of rape kits, you can’t go wrong on the issue of identity,” she told NewsDay.

The former Women’s Affairs deputy minister said the criminal registration book at the
Harare Regional Court showed that most of the rape cases brought before the court
failed.

“The bulk of the cases failed in prosecution,” she said. “The suspects got off the hook
because the cases were either withdrawn or the witnesses ended up not speaking due to
fear.”

Many rape victims, apart from often reporting the abuses late when most of the critical
evidence would have been erased, have also suffered injustice at the hands of the justice
delivery system, which is often ill-equipped to collect relevant evidence.

Rape, violence against women on the increase

Police officer commanding Harare, Senior Assistant Commissioner Clemence

Munoriarwa, recently said at least 400 children were raped, while 392 female adults
were abused, in 2013 alone.

Although the rape statistics represented a decrease from the 2012 figures, they were
still worryingly too high.

“We have to do certain things right as Zimbabweans,” Munoriarwa said. “We just have
to go back to our culture, to basics and respect our children.”

Munoriarwa said statistics from 2013 painted a disturbing picture of growing violence
against women and children. He said the police, recorded 792 cases of violations
against women and children.

But the statistics, according to women groups and the police, could be understated as
many cases go unreported due to the nature of the country’s conservative social
structure and make-up.

Some of the perpetrators have been arrested and have their cases pending before the
courts, while others were on the run.
“In some cases, we have a father raping his own daughter — it is very saddening and
worrying. People are driven to extremes by traditional healers that raping a minor will
cure HIV and Aids which is scientifically wrong,” he said.

In November last year, a statement by the Women’s Coalition of Zimbabwe — an

umbrella body representing more than 200 women’s rights groups — called on
Zimbabweans to use the 16 Days of Activism Against Gender-Based Violence to
denounce all forms of gender-based violence (GBV).

The group expressed alarm at the “increasing cases of gender-based violence in the
country” where “68% of women have experienced some form of violence”.

Musasa Project, one of the first groups to provide counselling

and temporary shelter to women survivors of domestic violence, is recording an average
of 300 cases of violence against women each month.
Musasa Project director Netty Musanhu was quoted saying the figures were worrying.

“The statistics gathered through cases reported to us, the police and the courts are very
worrying and indicate an increase in the number of women and girls being raped.

“So we are using these 16 Days to urge everyone to reflect on what these numbers really
mean and represent.

“Does it mean that as a society we have lost our values when newspapers frequently
carry reports of babies being raped?”

Realignment of laws needed

Majome said it was important for relevant government ministries to present a

Memoranda of Bills to Parliament amending pieces of law that deal with violence and
rape such as the Criminal Law (Codification and Reform) Act, Criminal Procedure and
Evidence Act and Marriages Act.

“This will effect the necessary changes to that and will set stiffer sentences for
offenders, curb GBV and provide support for survivors,” she said.

She said it was disappointing that the National Gender-Based Strategy (2012-2015) was
yet to be implemented and she would push for it.

Musanhu said it was not helpful to have a raft of watertight pieces of legislation that
were, however, not enforced.

“But good laws are useless if they do not translate to positive action. The paltry
sentences given to sexual violence perpetrators are a case in point,” she said.
Unavailability, poor handling of rape kits

Majome said while there have been shortages of rape kits at police stations, the country
had not done any DNA testing since 2009.

It was established during a Victim Friendly Court stakeholder meeting held in

September last year in Gwanda that the widespread shortage of rape kits at the country’s
police stations has resulted in victims being denied justice while perpetrators remained
free.

A rape kit contains instruments that are used by a doctor to obtain swabs and slides,
blood, saliva, pubic hair, fingernails and scrappings from rape victims which are sent
for forensic tests to identify perpetrators and the results are used as evidence in court.

A Victim Friendly Unit officer at Gwanda Police Station, Sergeant Tonderai Matara,
said they were operating with only one rape kit which was currently at the Police
Forensic Laboratory in Harare.

“Gwanda has one rape kit which was sent last week to the forensic lab in Harare and
we are trying to get more kits,” Matara said.

“Currently the lab has a backlog and it takes three to four months for results to be
released.”

Harare provincial magistrate Douglas Vakayi Chikwekwe told the meeting that there
was need for authorities to ensure that rape kits were always available at police stations
across the country considering the surge in rape cases.

Majome accused the government of not fulfilling its obligations in effectively dealing
with cases of sexual abuse and leaving the burden to non-governmental organisations.

“We should not rely on NGOs. NGOs must only support government. But it’s
unfortunate that government does not have even a single shelter for rape survivors,”
she said.

Majome, however, said she was happy that government was heeding her call for stiffer
sentences for GBV way before her motion in Parliament to that effect had been passed.

Presenting a motion where she was calling for stiffer penalties for perpetrators of GBV
in Parliament, Majome called on government to equip police stations with forensic rape
kits.

“Rapists get off the hook because we continue to use poor, primitive and inefficient
investigation methods when dealing with rape cases,” she told the House.
“We do not use scientific evidence such as DNA and we overly rely on viva voce
evidence and the evidence of witnesses.”

Majome said because there were instances when victims got threatened by the
perpetrators or failed to accurately relate events leading to the rape, rapists were
walking scot-free.

“Sometimes they will not be believed for all sorts of reasons,” she said.

The Zimbabwe Republic Police reported that between January and October 2013, 3 421
rape cases were reported to the police while Commissioner-General Augustine Chihuri
last year revealed that the ZRP had recorded a 6% increase in the rape of juveniles and
3% among adults.

The Director of Public Prosecution in November last year advised that his department
had handled 1 059 rape cases.

“We have a weak legislative and legal response to rape and other forms of GBV. Rape
is notorious for being one of those most under-reported crimes where less than 20% of
any of the rapes that occur are ever reported,” Majome said.

According to the country’s first Violence Against Women Baseline survey, 68% of the
3 326 women interviewed admitted having experienced some form of violence in their
lifetime, while 46% of the 3 274 men said they had perpetrated some form of violence
in their lifetime.

Court orders State to compensate rape victim

March 26, 2014 in Courts, National, News

THE Supreme Court of Zimbabwe yesterday ordered the government to compensate a

woman who gave birth after she was raped by robbers.

Charles Laiton

The court said officials in the Ministry of Home Affairs and their counterparts in the
then Health and Child Welfare ministry acted negligently by delaying to terminate the
pregnancy after the victim reported that she had been raped.

Judge of Appeal Justice Bharat Patel said the Minister of Home Affairs and Minister of
Health and Child Welfare were accountable for their employees’ actions and, as such,
should be ordered to compensate the rape victim.

“In summation, I am satisfied that the police failed in their duty to assist the appellant
timeously in having her pregnancy prevented by the doctor. Again, the doctor himself
failed to carry out his professional duty to avert the pregnancy when it could have been
reasonably prevented,” Justice Patel said.

The Supreme Court, however, absolved the Minister of Justice, Legal and
Parliamentary Affairs of any wrongdoing in the matter.

The victim told the court that on April 4 2006, she was attacked and raped by robbers
at her home and immediately reported the matter to police. She also said she requested
that she be taken to a doctor to be given medication to prevent pregnancy and any
sexually transmitted infection.

The court heard that she was later taken to hospital and attended to by a Dr Kazembe
to whom she repeated her request to prevent pregnancy, but the doctor only treated her
injured knee.

She said the doctor told her he could only attend to her request for preventive
medication in the presence of a police officer and further indicated the medication had
to be administered within 72 hours of the sex attack having occurred.

Efforts to get assistance from the police and the hospital proved futile resulting the
victim giving birth in December of the same year.

The court, however, remitted the victim’s claim of damages for pain and suffering to
the High Court for the granting of a default judgment in such amount as the court may
assess and determine after due inquiry, together with the question of costs.

In 2012, the woman made a High Court application seeking an order to compel the
State to pay damages and maintain her child, but the matter was dismissed.

Justice Patel upheld the dismissal of her maintenance claim against the State, saying
the liability of a third party outside any familial relationship was traditionally confined
to one who would have deprived a dependant of support by wrongfully causing the
death or incapacitation of the person supporting the claimant.

Justice Patel’s judgment was passed with the concurrence of Justices Paddington Garwe
and Anne-Mary Gowora. Bus operator jailed for rape

March 23, 2014 in News

THE Supreme Court of Zimbabwe has dismissed an appeal by convicted bus operator,
Simbarashe Gibson, who had approached the highest court in the land seeking to
challenge his conviction and sentence over charges of raping an 11-year-old girl at
gunpoint four years ago.

By Charles Laiton
Senior court reporter

Gibson (58), who is First Class Enterprise director, was in November 2011 slapped
with a 12-year jail term by former regional magistrate Simon Rogers Kachambwa
following overwhelming evidence given by the young girl.

He has been out of prison on $5 000 bail pending appeal.

Kachambwa, however, suspended five years from the total sentence leaving the
businessman with an effective seven-year jail term, prompting him to appeal at the High
Court.

A year later, Justice Charles Hungwe entertained Gibson’s appeal and after careful
consideration of the lower court’s findings, upheld the conviction leaving the convict
with only the Supreme Court as his last option to salvage his downfall.

On Thursday this week, Judge of Appeal Justice Bharat Patel delivered the last blow to
the businessman after ruling that the High Court and the trial magistrate had not
misdirected themselves when they made their findings on the rape matter.

After considering submission made by the State and defence, Justice Patel ruled: “I am
accordingly satisfied that the trial court (Magistrates’ Court) and the court aquo (High
Court) did not misdirect themselves in finding that it was the appellant who effected
the penetration in question.

“I am unable to perceive any misdirection in the sentencing discretion exercised by the

trial court or the court aquo. Accordingly, there is no merit in the appeal against
sentence. In the result, the appeal against both conviction and sentence is hereby
dismissed in its entirety,” Justice Patel ruled.

According to the girl, she was a virgin when the bus operator sexually attacked her after
pretending to be a “Good Samaritan” and offering her $80 to buy school uniform and
other goodies.

The girl said Gibson raped her in a cottage behind his garage after she had visited him
for assistance at his offices as per his earlier instructions.
The girl said the incident occurred after she had left her aunt’s home in Glen View
following a series of physical abuse.

She said she sought refuge at a police station, but was later spotted by Gibson
wondering close to his business premises and persuaded to go to his office for
assistance.
She said after being lured to Gibson’s place of work, she was eventually raped, given
$80 and ordered to shut up or risk being arrested if she disclosed the sexual abuse to
anyone.

However, despite the threats, the girl proceeded to Mutare where she reported the
matter to her relatives prompting them to report to police leading to his arrest.

Doctor attempts to rape expectant mother

March 17, 2014 in News

POLICE in Mashonaland Central province said they were investigating an alleged

attempted rape incident that occurred on March 6 involving an expectant mother and
an expatriate doctor at the Salvation Army Church-run Howard Hospital.

by Moses Matenga

Staff reporter

Senior Assistant Commissioner Lee Muchemwa confirmed the incident, adding that
investigations were still in progress.

Meanwhile, the alleged victim, a 22-year-old pregnant woman, told NewsDay last
Friday that the suspect, Zairemthiama Pachuau, had prior to the incident sent her nine
love messages on her mobile phone.

“I went for a scan in the evening with four other women and I was the last one to be
attended to,” she said.

“When I went in, he locked his door and asked if I had seen his messages. I asked him
why he was doing that and by then, he had undressed. I pushed him and fought. I was
so shocked,” she said.

“He used to send me messages and I responded thinking it was my husband who was
texting me. He started sending messages like, ‘babe, you are beautiful and attractive’.
“He sent another one saying ‘Hi babe how was your dinner’ and continued sending
messages up to the ninth one. I only responded to three of his messages because I
thought I was chatting with my husband,” she said.

Asked how he got her number and why she responded to his messages, she said: “When
I went to his office, he asked for my phone and dialled his number on my phone so that
my number would appear on his and I think that’s how he got it.

“He tried to force himself on me, but he could not. I think he thought I was in love with
him because I was responding to his messages. I went to the police not to report him,
but to have them assist me in explaining to him that I did not love him, but when I got
there, the matter had already been reported by other people.”
Salvation Army officials at the hospital refused to comment over the matter describing
it as sensitive.

The church officials briefly detained the two NewsDay journalists who were
investigating the matter, accusing them of trespassing.

Man rapes, stones 4-year-old to death

March 13, 2014 in News

A MENTALLY challenged Victoria Falls man was on Tuesday sentenced to spend the
rest of his life at Mlondolozi Health Care Institution for raping and stoning a four-year-
old toddler to death.

By Nokuthaba Dlamini

Own correspondent

Nkululeko Moyo (26), of Chinotimba high-density suburb, was treated as a special case
under the Mental Health Act when he appeared before Bulawayo High Court judge
Justice Nokuthula Moyo at the Hwange Circuit.

Prosecutor Whisper Mabhaudi said on March 14 2011 at around 2pm, Moyo took
Sharon Sibanda from her place of residence in the same high-density suburb and spent
almost the entire afternoon walking around with her and introducing her to people he
met as his daughter. At around 7pm, Moyo took Sibanda to a bush between Chinotimba
and the Zambezi River gorge where he raped her several times before crushing her with
a stone and killing her instantly. He then buried Sibanda in a shallow grave.

Moyo’s State-provided lawyer Tonderai Mukuku said his client was not aware of what
was happening because he was unstable when he committed the crime.
In sentencing him, Justice Moyo, together with assessors Felix Bhobhote Dube and
Elizabeth Chazanga, agreed that it was a special case which involved mental illness and
therefore, committed him to Mlondolozi Health Care Institution where he would be
confined for the rest of his life.

Apostolic sects join other churches in fighting rape, extortion

March 11, 2014 in General, National, News

THE Zimbabwe Heads of Christian Denominations (ZHCD) told Parliament yesterday

that apostolic sect members had agreed to join the main Christian umbrella body to curb
incidents of rape and extortion among church leaders.

Veneranda Langa

ZHCD members comprising of the Zimbabwe Catholic Bishops Conference (ZCBC),

the Evangelical Fellowship of Zimbabwe (EFZ) and the Zimbabwe Council of
Churches (ZCC), said this when they appeared before the Parliamentary Thematic
Committee on Gender and Development chaired by Mashonaland West Senator Priscah
Mupfumira (Zanu PF).

Currently, the sects fall under their own independent Union of Development of
Apostolic Churches in Zimbabwe (UDACIZ)
EFZ secretary-general Reverend Lindani Dube said they were formalising their
relationship with UDACIZ in order to work closely on issues of church philosophy,
beliefs and church governance issues in a quest to curb rape of church members and
monetary extortion as well as other issues like child marriages.

“We are in the process of formalising a union with UDACIZ in terms of integration of
programmes because we are disappointed by people who call themselves church leaders
who go on to commit crimes,” Dube said.

“We want church organisations to have robust governance systems to ensure they are
sensitive to family units and give room to issues like domestic violence and gender-
based violence.”

Catholic Church parliamentary liaison officer under ZCBC Edward Ndete said their
body was in favour of stiff deterrent sentences for church ministers who engaged in
nefarious activities.

“A crime is a crime no matter who has committed it – even if it is a priest or bishop

they have to go to a criminal court if caught on the wrong side of the law. No church
is going to harbour criminal activity as nobody is above the law,” Ndete said.
ZCC secretary-general Solomon Zwane said there was need of a robust governance
system at churches to also curb use of disabled people to market churches.

“Lay people should also have a role to play in the church to neutralise deviance by
church ministers, for example, ordinary members can be in charge of church finances.
Whatever regulatory mechanism is taken on churches will require wide consultations
with all stakeholders,” Zwane said.

He said the ZHCD churches now had gender desks which dealt with issues of social
justice and training of ministers in counselling and responses to gender-based violence.

Man rapes daughter, kills self

March 1, 2014 in News

A 61-YEAR-OLD Hurungwe man who could not stomach the reality of facing a jail
term after he allegedly raped his own 12-year-old daughter hanged himself last
Saturday.
Mashonaland West provincial police spokesperson Inspector Clemence Mabgweazara
confirmed both incidents, saying crimes of that nature were on the increase.

By own correspondent

The man, whose name was withheld to protect the victim’s identity, committed suicide
at his home in the Dzimaihwe area under Chief Dandawa, a few days after raping his
daughter.

Fellow villagers told NewsDay this week that the man took his own life after he was
shunned by other community members who condemned the act as an abomination.

“He suspected that the police were after him as the case was reported over his crime of
raping his minor child. It was well known everywhere and it haunted him,” said villager
Martin Makanda.

“We were looking forward to seeing him facing justice at the courts, but he made his
own judgment by committing suicide. It is unfortunate that he has made the life of the
minor miserable as this will haunt her forever,” said another villager who declined to
be named.

Couple rapes girl (13)

February 17, 2014 in News

IN a bizarre case of sexual abuse in Norton, a 49-year-old woman is alleged to have
teamed up with her husband (65) and assisted him to rape her 13-year-old sibling in a
bid to satisfy her spouses’ sexual appetite.

By Charles Laiton

Senior court reporter

The couple, whose identities have been withheld to protect the identity of the minor,
resides at plot 42 Lothian Farm, Norton.

The incident, which left the other farm residents shocked, allegedly occurred on March
8 last year during the odd hours of the night.

It is alleged that on the day in question at around 7pm, the woman invited the girl to
her bedroom and asked her to fulfil her sexual obligations with her husband on her
behalf since she was suffering from abdominal pains, but the girl refused.

After realising her sister would not succumb to her demands, it is alleged the girl bolted
out of the hut only to return after 10pm, but still found the couple awake and waiting.

The woman, however, provided the girl with blankets and asked her to sleep on the
floor, but during the same night, the couple woke up, tore the girl’s skirt and panties
and pinned the minor to the ground as the man sexually abused her.

It is alleged after the first encounter, the woman threatened the girl with assault if she
spilled the beans and ordered her to be intimate with her brother-in-law for the next six
days.

During the rest of the sexual abuses, the woman is alleged to have held the girl’s legs
apart, while her husband took time to rape the girl.

The girl is said to have been rescued by her brother on January 12 this year who then
took her to Epworth where she revealed her ordeal to her other sister who in turn
informed another sister in Kwekwe.

The matter was eventually reported to police leading to the couple’s arrest.

The two appeared before regional magistrate Adonia Masawi on Friday last week and
was remanded out of custody to March 3 on $50 bail each.

ZBC manager up for rape

February 12, 2014 in Courts, National, News

PROMINENT Zimbabwe Broadcasting Corporation (ZBC) manager and radio
announcer Simon Pashoma Ncube yesterday appeared at the Chivhu Magistrates’ Court
charged with raping a 15-year-old girl at Frontline Hotel in November last year.

Charles Laiton

Ncube (56) was remanded in custody to tomorrow for trial after his bail application was
dismissed by resident magistrate Archie Wochiunga.

The Radio Zimbabwe announcer is being charged with one count of rape or
alternatively having sexual intercourse with a minor.

According to the State case, the incident leading to Ncube’s arrest occurred on
November 8 last year after he allegedly made a love proposal to the minor while at
Nharira business centre.

Ncube was in the company of a friend and workmate identified as Clifford Makonese.

Prosecutor Nicholas Mabvongodze submitted that after proposing love to the minor,
Ncube and Makonese drove her to Frontline Hotel where they proceeded to a room
which they had booked.

The State alleges that when Ncube and the girl entered the room, Makonese locked the
door from outside and disappeared with the keys, leaving the girl at the mercy of the
former DJ.

The court heard that Ncube tore the girl’s skirt and panties and raped her once.

After the initial encounter, it is alleged, Ncube had sexual intercourse with the girl twice
again during the same night.

The court further heard, during the early hours of the following morning, Ncube
contacted Makonese on his mobile phone who then unlocked the hotel room before
giving the girl a blanket to cover herself.

The girl fingered Ncube after being quizzed by her uncle and mother over where she
had spent the night.

The irate parents then reported the matter to the police, leading to Ncube’s arrest.

Rape victims paraded in Parliament

February 12, 2014 in Government, National, News

A SOMBRE mood gripped both Houses of Parliament yesterday when a women’s
pressure group Musasa Women’s Project paraded over 10 young rape victims to enable
them to have first-hand experience on how MPs were contributing to debate on a
gender-based violence motion introduced last week by an MDC-T MP.

Veneranda Langa

An official from Musasa Women’s Project said the visibly pregnant girls were aged
between 12 and 18 years.

The motion was introduced in the National Assembly by Harare West MP Jessie
Majome and it attracted extensive debate from across the political and gender divide
with MPs calling for stiffer sentences to be meted out on perpetrators.

Majome called for a mandatory 30-year sentence while seconder of the motion
Kuwadzana MP Lucia Matibenga (MDC-T) castigated rape, especially perpetrated on
victims by family members.

“Those that eat their own seed and rape women should be sent to jail for a long term
because it is disturbing that people should behave like animals,” said Matibenga.

Goromonzi West MP Biata Nyamupinga (Zanu PF) warned male MPs against stifling
debate over the issue.

“Most victims are children who are virgins and it is embarrassing to find a strong man
raping that child. We need all provinces to have Victim Friendly Units because
evidence is destroyed when people raped in remote areas have to travel to Victim
Friendly Units in Harare,” Nyamupinga said.

Mutare Central MP Innocent Gonese (MDC-T) said police should be well resourced to
accurately identify the perpetrators using modern machinery.

Contributing to the same debate, Mutare South MP Nyasha Chikwinya (Zanu PF) said
relatives who protected rapists should also be brought to book.

Gwanda man sentenced 15 years for rape

February 4, 2014 in Courts, National, News

A 51-YEAR-OLD Gwanda man who raped a nine-year-old orphan and gave her
money, chips, vegetables and caterpillars to buy her silence was handed a 15-year
prison term by Gwanda regional magistrate Joseph Mabeza.
Perpetual Phiri

Colleen Ncube of Garikai in Gwanda had pleaded not guilty to the rape charges, but
was convicted on the weight of the evidence.

The State said during the period extending from October to December 2013, Ncube
would lure the Grade 3 girl and sexually abuse her at his house and give her goodies so
that she would not tell anyone.

Regional prosecutor Johannes Tlou said the matter only came to light when the girl’s
brother asked her why Ncube was giving her food and taking her to the barber for a
haircut and she narrated her ordeal to him.

The matter was reported to the police leading to Ncube’s arrest.

The girl was sent to Gwanda Provincial Hospital for a medical examination where a
report was compiled and used in court as evidence.

Ncube denied the charges in court saying they were fabricated.

“Your worship, the girl is the one who came to my place saying she has been sent by
her brothers to ask for relish as they did not have any and I gave her caterpillars and
vegetables. She also asked for money and I told her that I had $1 then she asked for it
saying that she needs it to cut her hair because they had been asked to cut their hair by
her school,” Ncube told the magistrate.

“I gave her the $1 and told her that when she gets home she must show her brothers
what I gave her, including the $1, before going to the barber shop, so your worship I’m
now suffering because of my sympathy.”

In passing sentence, Mabeza said he took into account Ncube’s age and that he is a
family man and the sole bread winner.

“Aggravatory is the fact that rape is a serious offence and it traumatises the victims
mentally and physically. Other survivors are exposed to contracting HIV and other
sexually transmitted diseases,” Mabeza said.

“In this case, what is aggravatory is the age difference between yourself and the
complainant, which is 42 years, and protection of minor children is of paramount
importance to the courts, therefore at the present matter you corrupted a young mind as
her report shows the trauma she was enduring and besides looking at what you said in
mitigation, a long jail term is appropriate.”
Man of cloth up for rape

February 1, 2014 in Courts, National, News

A SELF-PROCLAIMED Chitungwiza prophet recently appeared before Magistrate

Lazarus Murendo facing charges of raping a female client who had visited his residence
seeking spiritual healing.

Vimbai Marufu

Innocent Kamuta (31), who is popularly known as Madzibaba Wishborne of St Mary’s

in Chitungwiza, was not asked to plead to the charges when he appeared at Chitungwiza
Magistrates’ Court last week.

The State alleges that on October 5 last year at around 2pm, a 24-year-old woman
visited Kamuta’s residence seeking spiritual deliverance.

The complainant was allegedly asked to kneel on the floor with her eyes closed while
Kamuta prayed for her.

During the prayer session, Kamuta allegedly placed his hands on her head, pushed her
to the floor and raped her.

The court heard that the woman screamed for help, but no one came to her rescue. After
the alleged rape, the woman went home and narrated the ordeal to her co-tenant.

The complainant later fell sick, forcing her to divulge the abuse to her uncle who
advised her to report the matter to police, leading to Kamuta’s arrest. Kamuta was
remanded in custody to February 7 for trial.

Soldier jailed 40 years for rape

January 25, 2014 in Courts, Crime, National, News

A 30-YEAR-OLD member of the Zimbabwe National Army (ZNA) was yesterday

slapped with an effective 40-year imprisonment jail term after being convicted of raping
and infecting his 14-year-old housemaid with the deadly HIV virus.

Charles Laiton

Seniorcourt reporter

The soldier, Obert Muziri, of Mbare, Harare, is said to have sexually attacked the girl
on two occasions, after the minor was brought to his house by his wife as a maid.
The girl was offered employment after being found wandering at Mbare Musika where
she got lost on her way to Dzivarasekwa from Nkayi.

Regional magistrate Simon Rogers Kachambwa, however, castigated Muziri’s denial

of the offence and actions, saying he had put the minor’s life into jeopardy.

“The evidence before the court is very clear. He imposed himself on a helpless minor
and infected her with a sexually transmitted disease and he is attempting to hide behind
his alleged marital problems with his wife and that he intended to marry the
complainant,” Kachambwa said while delivering judgment.

“He lied that he could get her a job in the ZNA knowing well she was just a minor.
There is no doubt that he intentionally infected her with a sexually transmitted disease.
She contracted HIV.”

Kachambwa slapped Muziri with a 20-year jail term for the two counts of rape that
were treated as one for purposes of sentence and another 20 years imprisonment jail
term for deliberately infecting the girl with HIV.

At one point, the court heard Muziri raped the girl in the presence of his children aged
four, one-and-half and 10 months.

The court heard Muziri started his sexual abuse on the girl on September 26 last year
— a day after his wife had brought her into the house.

On the day in question, Muziri is said to have intruded into the spare bedroom where
the minor was asleep and raped her once.

As if that was not enough, the following day when his wife was away, he again awoke
the girl early in the morning and ordered her to watch pornographic videos on his laptop
after which he again raped her.

However, the girl later managed to contact her Nkayi relatives who gave her directions
to her Dzivarasekwa relatives where she reported the matter to her brother leading to
Muziri’s arrest.

Guard rapes mentally retarded woman

January 20, 2014 in Courts, Crime, National, News

A SECURITY guard who betrayed his friend and raped his mentally retarded daughter
was recently slapped with a 15-year jail term when he appeared before Harare
magistrate Adonia Masawi.
Senior reporter

Clemence Galau (33) will, however, serve an effective 11 years in prison after four
years of the sentence were set aside on condition he will not commit a similar offence.

Prosecutor Liberty Gono told the court during trial that Galau of St Mary’s Township
in Chitungwiza, who was employed by a local security company, raped the 15-year-old
special class student who suffered from brain damage.

The court also heard that the accused was a friend of the complainant’s father. On a
date unknown to the prosecutor in August last year Galau dragged the girl, who was
alone at home, into the shack he used as a barber shop at the house and pushed her onto
the floor before raping her. After he was through he dressed himself and told her not to
tell anyone because he was going to marry her.

On another day in the same month, the accused raped the complainant again and warned
her not to tell anyone before giving her $1.

In September 2013, on a date unknown to the prosecutor, but around 4 o’clock in the
afternoon while the complainant’s father lay drunk in the dining room, the accused
dragged the teenager into a cottage at the house and raped her again. Although the
complainant screamed, no one came to her rescue. The accused gave her $1.

On September 28, 2013 while the complainant’s parents were away attending a
wedding, the complainant’s mother’s sister–in–law sent her to buy vegetables at the
nearby market. She, however, took long to return and when she was questioned about
the delay, she disclosed how the accused had escorted her to the market.

Upon further questioning, she told her mother that the accused had fondled her and
subsequently disclosed the earlier rape incidents.

A police report was made leading to Galau’s arrest.

CIO operative up for rape

January 15, 2014 in Courts, National, News

A CENTRAL Intelligence Organisation operative identified as Israel Mushunje

yesterday appeared before Harare magistrate Donald Ndirowei facing allegations of
raping his former girlfriend after force-driving her to his house in Waterfalls, Harare,
under the guise he wanted to fix their severed relationship.

Senior reporter
The court granted Mushunje (31) $100 bail, ordered him to reside at the given address
and report once a week to police until finalisation of the matter.

State counsel Tungamirai Chakurira told the court that on December 30 last year
Mushunje, who works in the President’s Office, went to the woman’s workplace around
10pm where he waited for her in the car park. As the woman was coming out, he
allegedly approached her and forcibly took her car keys and ordered her to sit on the
passenger seat and he drove to his house.

Upon arrival, the court heard, the accused took the woman’s mobile phone and ordered
her to sit on the bed.

The accused started accusing the complainant of causing him some undisclosed
problems at work because of the report she had made to the police against him.

He allegedly slapped the woman all over, twisted her hands and choked her. After
assaulting her, the court heard, he forced the complainant to lie on the bed before raping
her.

It is further alleged that Mushunje only set the woman free the following morning. Two
days later, the woman allegedly called a local newspaper intending to narrate her ordeal
and was advised to make a police report which led to Mushunje’s arrest.

The woman also accused the State security agent of stealing her $200.
The matter was remanded to January 28 this year.

Jilted lover faces rape charge

January 2, 2014 in News

A JILTED lover who allegedly raped his married ex-girlfriend after she snubbed his
overtures to rekindle the love affair appeared in court on Monday charged with rape.

Report by senior reporter

Harare magistrate Donald Ndirowei remanded the suspect, whose name has been
withheld to protect the identity of his victim, to January 14 this year.

The accused, who resides in Hatcliffe, is employed as a conductor, while his victim is
unemployed.
Prosecutor Sharon Mashavira alleged that on November 15 last year, the Hatcliffe-
based suspect, who works as a kombi conductor, called the complainant on her mobile
phone and claiming that her brother had visited him and wanted to see her.

The court heard that the accused and the complainant met at Hatcliffe shopping centre
before proceeding to the accused person’s place of residence.

Upon arrival, it was alleged the complainant discovered that her brother was not there.
The accused, however, is alleged to have insisted she should get into the house as her
brother was on his way.

Inside, she sat on the bed and the accused told her that he still loved her, the court heard.

The complainant, however, told him it was no longer possible for them to have an affair
since she was now married.

The accused allegedly started fondling her before pulling up her skirt and removing her
undergarments.

The complainant screamed and called for help, but no one came to her rescue.

The accused is alleged to have proceeded to rape her after overpowering her when she
tried to escape.

After the complainant left the accused’s residence, she filed a police report, leading to
the arrest of the man.

The Herald

Child rape up in Chiredzi

July 21, 2014 Crime & Courts

Freeman Razemba

FIFTY-THREE children were raped in Chiredzi last year alone and police in the district
have expressed concern over the abuse of minors.

In 2013, 41 children were raped in the district.

Speaking at the launch of the Anti-Sexual Violence Campaign at Chiredzi Christian
College recently, Officer Commanding Chiredzi District Chief Superintendent
Engelbert Wilson said rape cases were on the increase.

“Raping of children is increasing in our district. If we look at the figures, they show
that the number is increasing, meaning the perpetrators are continuing to rape our
innocent and helpless children.

“Young girls from the age of two months up to 16 years and young women below the
age of 40 years are the main victims of rape.”

Chief Supt Wilson said most of the perpetrators were fathers, close relatives, strangers,
pastors, false prophets, teachers and herd boys.

He said some of the reasons given for commission of the offence included belief that it
cured HIV and Aids.

Chief Supt Wilson said some perpetrators of rape sometimes bribed the victims with
money or goodies or threatened them with death to keep them from reporting the abuse.

Officer Commanding Operations in the district Superintendent Juliana Mbiriri said

there was need to engage the community in fighting rape.

The campaign was sponsored by the Zimbabwe Sugarcane Development Association

(ZSDA).

ZSDA chairman Mr Edmore Veterai urged farmers to continue supporting programmes

that assist women and children in the area, especially in the fight against rape.

Chief Tshovani, Mr Felix Mundau, urged young girls to immediately report rape cases
to the police.

The launch was attended by farmers, schoolchildren, legislators, gender activists and
senior Government officials.

Father rapes daughter

July 17, 2014 Crime & Courts

Fungai Lupande Court Reporter

A 44-year-old Ruwa man allegedly raped his 20-year-old daughter on two occasions
and showered her with money in return for the incestuous relationship, saying he did
not want to waste it on prostitutes.

The man appeared before Harare magistrate Mr Donald Ndirowei on Tuesday charged
with rape.

He was remanded in custody to July 29 and advised to seek bail at the High Court.

The man is a bookkeeper and lives with his daughter.

Prosecutor Ms Sharon Mashavira alleged that the abuse started sometime in 2012 when
the father dropped condoms in front of his daughter as she cleaned her parents’
bedroom.

He apologised then, claiming it was a mistake.

In March this year the man allegedly tried to force his way into the girl’s bedroom at
midnight but found the door locked.

Judge slashes rapist’s jail term

Tendai Rupapa Senior Court Reporter

The High Court has slashed a 45-year jail term imposed on a Mutoko headmaster who
raped his neighbour’s daughter to 35 years. Justice Hlekani Mwayera argued that the
sentence by the trial magistrate was too harsh before reducing it to an effective 20 years.
Vari Bonjisi, who was head of Nyamanyora Primary School, was convicted of three
counts of rape and another of aggravated indecent assault before he was slapped with a
45-year jail term.

Bonjisi committed the offence in 2006. On review, Justice Mwayera ruled that the
sentence was excessive in the circumstances and reduced it by 10 years. Bonjisi was
jailed in February this year by magistrate Mr Simon Rogers Kachambwa.

On the first count, Mr Kachambwa sentenced Bonjisi to 10 years and then slapped him
with 20 years for his second and third offences, which were treated as one.

On the count of aggravated indecent assault, Bonjisi was sentenced to 15 years.

Mr Kachambwa suspended 10 years on condition of good behaviour. But Justice
Mwayera said the sentence was outrageous and should be set aside.
“No issues arise from the conviction, but the sentence imposed by the trial court given
the circumstances is unduly harsh and must be set aside,” she said.

“The magistrate ought to have treated all rape counts as one for sentence in a bid to
give a proportionate sentence to the offences.

“It is the sentencing approach by the trial magistrate which is questionable when one
considers the cumulative sentence reached.

“Sexual offences are by nature serious and call for stiff penalties, but that does not
justify treating counts separately in a bid to mete out harsh sentences.”

After reviewing the first count, Justice Mwayera sentenced Bonjisi to five years in
prison. She then treated the remaining three counts as one and sentenced Bonjisi to 25
years in jail.

Of the 30 years, Justice Mwayera set aside 10 years on condition of good behaviour,
leaving Bonjisi to serve 20 years.

Rape convict faints in the dock

July 14, 2014 Crime & Courts

Tendai Rupapa Senior Court Reporter\

A Harare man convicted of rape was so shocked last week that he collapsed in the dock
and had to be remanded from the holding cells at the Harare Magistrates Courts after
he failed to recover. Shame Chiwaya (34) waylaid his victim who had lost her cellphone
and money to tricksters in the city centre. He promised to take her to prophets who
would assist her recover her belongings. Chiwaya appeared before regional magistrate
Mr Hoseah Mujaya.

After the conviction in the morning, Mr Mujaya ordered Chiwaya to return to court in
the afternoon for sentencing.
Chiwaya, who appeared shocked, walked back to the holding cells and suddenly
collapsed.

He was carried by prison guards while unconscious back to the holding cells. By
2.15pm when his name was called out, Chiwaya was in no show as he had not fully
recovered.
The court had to follow him down to the holding cells before remanding him to the
following day for sentence. When he appeared in court last Friday, Chiwaya was
sentenced to 20 years in prison.

Four years of the term were set aside on condition of good behaviour, leaving Chiwaya
with an effective 16-year-jail term.

In aggravation, prosecutor Ms Svodai Kadivirire called for a lengthy prison term

arguing that Chiwaya was an evil man.

“The accused person is an evil man who pretended to help the complainant yet he had
his hidden agenda and deserves nothing other than imprisonment,” she said.

Chiwaya has six previous house breaking, robbery, theft and attempted murder
convictions.
After his previous convictions were read out in court by the State before sentence, the
court asked Chiwaya if he agreed with the State to which he added another conviction
in which he spent a month in jail last year for theft.

It is the State’s case that on June 4, the complainant was robbed of her cellphone and
some money.

While the 17-year-old girl was crying, Chiwaya approached her and asked her what the
problem was.

After she had told him, Chiwaya told the girl that he could help her recover the stolen
property after claiming to have knowledge of where stolen phones were sold in Mbare.
He took the girl to some “prophets” in Mbare whom he claimed were going to make
her “catch” the thieves.

After the alleged search, the girl did not get her property and decided to go back to town
on foot and Chiwaya offered to escort her.

Along the way while walking along a foot path near Mupedzanhamo flea market,
Chiwaya grabbed the woman and raped her.

Police detective cleared of rape

July 7, 2014 Crime & Courts

George Maponga in Masvingo

A 42-YEAR-OLD police detective accused of raping his juvenile step-daughter, was
last Thursday freed by a Masvingo regional magistrate after the complainant told the
court that the girl had been “coached” to incriminate him.

The nine-year-old complainant exonerated her stepfather, who was facing two counts
of rape.

Instead, the complainant told the court she had been abused by four other named
juveniles.

She told the court in camera that she was sexually abused by their maid’s boyfriend.
Masvingo senior regional magistrate Mrs Judith Zuyu ruled that the accused was being
wrongly implicated, judging from the evidence submitted by the complainant.

The state, led by prosecutor Ms Moreblessing Rusere, had lined up the complainant and
her grandmother to testify.

Defence lawyer Mr Frank Chirairo of Makausi Saratoga Law chambers, said the
accused denied ever raping his step-daughter whom he said was notorious and
repeatedly absconded school.

Mr Chirairo also told the court that the complainant was at one time “chastised” by her
mother after she was caught being intimate with a boy sometime early this year.
He said there was bad blood between the accused and his mother-in-law, which could
have influenced the latter to “coach” the complainant to prefer false charges against
him.

Mr Chirairo also argued the accused had no case to answer since he had already been
acquitted by a police internal disciplinary hearing conducted soon after the rape
allegations first surfaced.

Allegations against the detective were that sometime in April this year, he confronted
the complainant after the two were left alone at their house in Masvingo.
He then allegedly removed the complainant’s clothes before raping her once. The state
alleged that at another date in the same month, the detective again took advantage of
the situation and raped her once.

The complainant then told her grandmother, who made a report to the police, leading
to the detective’s arrest.

Police warn parents of rape victims

June 30, 2014 Crime & Courts

Noah Pito in Hurungwe—

Police have warned parents of rape victims against negotiating out-of-court settlements
with rapists since the courts are the only institutions that have jurisdiction over such
cases.
Officer Commanding Police in Mashonaland West Province, Senior Assistant
Commissioner Rangarirai Mushaurwa, said this while officiating at an Anti-Sexual and
Domestic Violence Campaign Launch held at Birimahwe Primary School in Magunje
recently.
She said Hurungwe had the worst record in terms of sexual abuses in the province.

Snr Asst Comm Mushaurwa said that was the reason why the district was chosen as the
venue for the event this year.

She said during the period January to March this year, Hurungwe recorded 60 cases,
the highest in the province so far.

She warned some parents of rape victims against hiding their children after receiving
payment from rape suspects, saying the practice jeopardised police efforts to have such
criminals prosecuted.

“Some even move their children to some relatives as far as Buhera so that the victims
don’t testify in court. This is criminal,” she warned.

Snr Assist Comm Mushaurwa lashed out at parents and guardians who misled their
children into changing statements in court saying the practice affected justice delivery.
She said members of the public should understand that when a criminal was granted
bail, it did not mean an acquittal.

Also speaking during the same occasion, Mashonaland West Provincial Education
Director, Mr Sylvester Mashayamombe, said since 2013 the ministry and the ZRP had
joined hands in conducting awareness campaigns in the district. This was after noticing
the high rate of child abuse in the area.

Mr Mashayamombe said last year the ministry convened meetings at Mudzimu, Charles
Clack, Mushowe and Chitindiva Schools where stakeholders, including local
leadership, were invited.
“As Ministry of Primary and Secondary Education we have observed that sexual abuse
of children has resulted in high dropout rates at both secondary and primary schools.

“Apart from impacting negatively on their education, sexual abuse of children has also
resulted in the spread of sexually transmitted infections including HIV and AIDs.

“Traditional practices like ‘Chigadzamapfiwa’ and some churches that sanction

marriages at the age of 12 have resulted in close relatives and parents abusing children,”
he said.

The occasion was attended by Member of Parliament for Hurungwe West, who is also
Zanu-PF provincial chairman for Mashonaland West Province, Cde Temba Mliswa,
Magunje MP and Deputy Minister of Higher and Tertiary Education and Technology
Development Dr Godfrey Gandawa, Hurungwe East and North MPs, Cdes Sarah
Mahoka and Reuben Marumahoko respectively.

Hurungwe District Administrator Miss Tsana Chirau and traditional Chiefs, among
others, also attended the meeting.

Boss rapes subordinate, infects her with HIV

June 26, 2014 Crime & Courts

Tendai Rupapa Senior Court Reporter

A 25-YEAR-OLD woman is now jobless and without a husband following a rape attack
that robbed her of virginity and left her HIV positive.

The Harare Magistrates’ Court heard yesterday that the woman, who was employed as
a security guard, was raped on several occasions by her supervisor as part of blackmail
and was also infected with the virus.

When her husband discovered that the woman was HIV positive, it is alleged he sent
her packing since he had tested negative.

Baltmore Mudhivhare (48), who is employed as a security guard at a local hospital,

yesterday appeared before Mr Donald Ndirowei charged with rape and deliberate
transmission of HIV.

He was remanded in custody to July 10 with instructions to apply for bail at the High
Court due to the seriousness of the offence.
Prosecutor Miss Sharon Mashavira alleged that sometime in 2012 -the year in which
the complainant got employed at the hospital – while she was on night duty,
Mudhivhare approached her.

He allegedly accused the woman of committing undisclosed offences at work before

demanding sexual favours to keep the matter under wraps.

Mudhivhare ordered the woman to go to the laundry room where he raped her.

The woman, who was said to have been a virgin, cried for help but no one came to her
rescue.
Mudhivhare allegedly came back the same night and raped the woman again. He
ordered her not to tell anyone before threatening her with dismissal.
The woman, the court heard, got married the following year but Mudhivhare kept on
sexually abusing her.

When she got pregnant, she went for HIV testing and she came out positive while her
husband was negative.

This angered the husband who subsequently sent her packing, the court heard.

It is the State’s case that the victim was also dismissed from work after Mudhivhare
levelled false charges of misconduct against her. This was after she had turned down
his sexual demands.

She later opened up to a friend who advised her to report the matter to the police.

Magistrate raps ‘heartless cop’ as rapist gets 18 years

June 24, 2014 Crime & Courts

Tendai Rupapa Senior Court Reporter

A Harare regional magistrate yesterday slammed a policeman who ordered the mother
of a rape victim to go and arrest the alleged rapist and bring him to the station arguing
he was busy preparing for their annual inspection. Magistrate Mr Hoseah Mujaya
expressed his disappointment while sentencing a 45-year-old rapist who raped his
cousin’s 11- year-old daughter on numerous occasions.
The man was sentenced to 18 years in jail but three years were set aside on condition
of good behaviour, leaving him to serve 15 years.

Mr Mujaya said he was disturbed by the manner in which the police officer (name not
disclosed) attached at Epworth Police Station discharged his duties.

He added that the officer did not take rape matters seriously.
“During trial, the mother of the victim narrated to the court what transpired when she
went to report to the police that her daughter had been sexually abused. I must say that
I am disappointed with some of the police officers at Epworth police station.

“The mother of the victim goes to report to the police and the officer he sees there
orders her to go and ‘arrest’ the accused herself saying they were shortstaffed and busy
preparing for their inspection.

The officer further tells her that if she manages to apprehend the accused she should
alert any police detail she sees passing by.

“Surely, I don’t think this officer takes rape matters seriously. Did he even think or care
to know what was going to happen when the mother confronts the accused?” he said.

The rapist was facing one count of rape but Mr Mujaya said if the investigating officer
had done his job properly, the man would have been charged with more than 10 counts
of rape.

“While giving her evidence-in-chief, the complainant told the court that the accused
raped her on several occasions and would buy her silence with money ranging from R1
to US$1.

“If the police had done their investigations properly, they would have come up with
more than 10 counts. Even though now there are victim friendly departments at police
stations, still in this case the matter was not handled well,” he said.

Mr Mujaya also took time to remind men in Zimbabwe that women have rights which
should be protected and respected.

“Zimbabwean men must be reminded that women or girls do have rights hence they
must negotiate for sex not to rape them,” he said.

On June 14 around 8am, the complainant left her place of residence in Epworth and
went to the man’s place so that they would go to town.
When she got there, the two drank tea and after some few minutes, the man grabbed
the complainant and put her on the bed before raping her.

After the act, the accused ordered the complainant not to tell anyone saying that he
would be arrested.

The matter came to light when the victim’s mother noticed the abuse while she was
bathing together with the girl.

Rapist ‘prophet’ uses snake to scare victims

June 24, 2014 Crime & Courts

Tendai Rupapa Senior Court Reporter

A self-styled dreadlocked prophet with Johanne Masowe eChishanu Nyenyedzi

Nomwe keeps a big snake in his “sacred” hut at the shrine that he used to scare a woman
before raping her. A Harare magistrate heard yesterday that a female member of the
church allegedly came across the huge snake when Madzibaba Shepherd Mavhunga
sent her into the hut during the night to collect “muteuro”.

It is alleged the snake started hissing and when the woman screamed and tried to run
away, Mavhunga emerged from behind, grabbed her and raped her twice without
protection.

He threatened her with death if she revealed the matter to anyone.

Mavhunga (41) of Glen View 1 yesterday appeared in court before provincial Mr
Donald Ndirowei charged with two counts of rape.
He was remanded in custody to July 24 for trial with instructions to apply for bail at the
High Court due to the serious nature of the offence.

Mavhunga is being represented by Mr Tungamirai Muganhiri of Tamuka Moyo

Attorneys.

Prosecutor Mr Sebastian Mutizirwa alleged that the woman and three colleagues were
having personal undisclosed problems hence they were ordered by Mavhunga to stay
at the shrine for some days.
After a night of worshipping on May 22 at around 11pm Mavhunga went to his place
of residence while the women remained at the shrine.

The court heard that at around midnight, Mavhunga returned to the shrine and woke up
the victim and they started praying.

He asked the woman to get inside the hut for more prayers and for her to collect healing
water, it is alleged.

When she entered the hut, the woman heard some noises which sounded like an
incensed snake and suddenly a big snake appeared in front of her.

When she tried to escape, Mavhunga allegedly emerged and grabbed her by the waist.
He then raped her, it is alleged.

It is the State’s case that Mavhunga told the woman that what he was doing was part of
the process to help her overcome her problems and strengthening her marriage.

He allegedly raped the woman for the second time when she tried to flee.
After the incident, the woman reportedly went back to where the other women were
sleeping and tried to awaken them but Mavhunga followed her and ordered her to calm
down or else she would die.

According to the State, the woman managed to make a report to the police after a month
following her escape from the shrine where she was now being “guarded” by
Mavhunga.

Wife makes stunning rape allegations against hubby

June 24, 2014 Crime & Courts

Court Reporter

A Harare man threatened to commit suicide after he was caught by his wife in the toilet
attempting to rape his eight-year-old daughter, the Harare Civil Court heard yesterday.
The woman (name withheld to protect victim’s identity) said her husband (name
supplied), was living in fear that she would report him to the police.

She claimed the fear was now affecting their relationship.

“He is always threatening to commit suicide because he is under a lot of pressure from
the fact that I once caught him red-handed attempting to rape our daughter in the toilet,”
the woman said.

She said she reported the matter to her in-laws, but they turned the tables against her.
“I even went to tell his parents about the attempted rape, but they started accusing me
of trying to have their son arrested,” she said.

The woman claimed the man was in the habit of assaulting her and pleaded with the
court to grant her a protection order.

The man refuted the allegations and accused the woman of locking him outside the
house every time he came home late from work.

“She physically and verbally abuses me in the presence of our two minor children and
sometimes spits in my face,” he said. Sometimes I gain entry into the bedroom by
breaking the window panes since she locks me outside the house.” He claimed that his
wife was always threatening to kill him or have him arrested over petty issues. The
woman dismissed the man’s allegations. Magistrate Ms Babra Masinire granted the
protection order which barred the woman from physically or verbally abusing Tigere.

1 500 children raped in six months: Police

June 20, 2014 Local News

Tafadzwa Ndlovu Herald Reporter

At least 1 500 children were raped in the first five months of the year countrywide with
relatives being singled out as the main culprits, police have said.
Speaking at the launch of the National Action Plan on rape and sexual violence held in
Harare yesterday, Zimbabwe Republic Police Superintendent Francis Mutema said the
increase in reported cases of rape was a major concern.

“It is worrisome that we are still receiving more cases of rape of juveniles and we
recorded 3 168 cases in 2012 compared to 3 297 cases in 2013 translating to a 4 percent
increase,” he said.
“We are also concerned that this year alone from January to May already we received
1 494 cases of juvenile rape cases compared to 1 384 cases of rape recorded during the
same period of time last year with young girls under the age of 16 being the major
victims.”

He said most rape cases were perpetrated by close relatives, parents or guardians.
This emerged as the Minister of Women’s Affairs, Gender and Community
Development, Cde Oppah Muchinguri, declared war on perpetrators of rape and sexual
violence.

“We have developed the national action plan on rape through consultations with all key
stakeholders and aims at preventing rape from ever occurring and ensuring
comprehensive service provision in the event that it happens.”

“The action plan builds on ongoing work and draws from the national gender based
violence strategy of 2012 to 2015.

“We have implored sectors which include the churches, traditional leaders, employers
and labour organisations to develop and implement action plans drawn from the
national action plan on rape adopted by the Cabinet,” said Cde Muchinguri.

Supt Mutema, however, said adult rape had declined although more needed to be done.
“We cannot end there as we are working towards zero tolerance to rape and sexual
abuse,” he said.

Child prostitution hits Shangani

June 14, 2014 Entertainment

Swagga T recently in Shangani

Indulging in activities involving sex at a tender age is a taboo especially in African

countries.
But with the advent of technology, a lot of teenagers are exposed to a lot of things and
they tend to experiment endlessly. Growing up especially in the ghetto suburbs, it was
often said that rural teens are well cultured and mannered. Is it that they lack exposure
to the Internet or they are well taught?

Surprisingly some rural towns are at their peak with child prostitution courtesy of
travellers, villagers and teachers among others who lure girls with money. We do agree
that money is the root of all evil. Well, child prostitution has become a cause of concern
in the mining area of Shangani, 66km out of Gweru as young girls have found a new
form of employment and are being hired for sex by truck drivers.

While the area which is rich in gold deposits has become a haven for teenage boys it is
totally the opposite for the girl child. As one approaches the area, a big green banner
welcomes you proclaiming Shangani which is about 66km out of Gweru.

With economic conditions turning unfavourable for school leavers in the area, most
boys have either taken a leap of faith and jumped the border to (Egoli) South Africa or
tried their fortunes in the nearby gold fields as they illegally mine the precious metal.

Fortunate Ncube (18) said life was just not good for young ladies as the mine is not
functioning and people had resorted to different methods of bringing food on the table.

“Life here favours the brave and amankazana are the most affected because mining
seems to be a tall order for them as you have to fight with men day and night to
safeguard your territory and above all fight against sexual harassment. Resultantly after
school most ladies are lured by these truck drivers who seem to have something to offer
to them either money or in kind,” said Ncube

A survey conducted by CLS revealed that girls were mainly operating at night when
most of the truck drivers would come at the spot for a rest.

One of the few girls who said she was from Gokwe and only identified herself as Lisa
opened up to the CLS crew after buying her some drinks. Though she admitted being
one of the ladies who move with the truck drivers she said she had joined prostitution
because of poverty.

Woman gang-raped at bus stop

June 13, 2014 Crime & Courts

Tendai Rupapa Senior Court Reporter

A Mabvuku woman was allegedly gang raped by five men while she was waiting for
transport at a bus stop. The victim was hit with a brick on the head and collapsed. She
was dragged into the bush and raped. The criminals also stole her valuables worth
US$120.
One of the suspected rapists, Douglas Nevanji (20) – who was positively identified by
the complainant – yesterday appeared in court charged with rape and robbery.
His accomplices were on the run. Magistrate Mr Donald Ndirowei remanded him in
custody to June 25.
He advised him to apply for bail at the High Court as the lower court has no jurisdiction
over third schedule offences like rape.

Prosecutor Mr Farai Gatsi alleges that on May 18 at around 7pm, the complainant was
waiting for transport at a bus stop when she was hit by a brick on the back of her head
and fell down.

Nevanji and his accomplices dragged her to a bushy area where they took turns to
sexually abuse her.

Nevanji was identified by the complainant at Mabvuku Police Station where he was
detained for another case of robbery.

Meanwhile, a 27-year-old Mufakose man allegedly raped his niece as payment for
waking her up to study.

The girl was preparing for her Ordinary Level exams.

The man yesterday appeared before the same magistrate facing three counts of rape,
indecent assault and aggravated indecent assault.

He was remanded in custody to June 25 with instructions to apply for bail at the High
Court.

It is alleged that sometime in November last year the accused slept in the dining room
and the complainant in the kitchen.

The complainant asked his uncle to wake her up at midnight so that she could study.

The accused raped the girl after waking her up to read.

He said he was not going to leave the room until she kissed him but the complainant
refused.

He forcibly kissed the girl before raping her.

The complainant alerted the uncle’s girlfriend but she took no action.

The uncle was later arrested after a relative informed the police.

MP Machingauta granted $100 bail

June 10, 2014 Crime & Courts

Munyaradzi Musiiwa Midlands Correspondent

MDC-T National Assembly representative for Budiriro and party deputy youth chair
Costa Machingauta, who was arrested on Friday for allegedly raping a Midlands State
University student after luring her to his hotel room, was yesterday granted US$100
bail.
Machingauta, of 9239 Budiriro 5, faces two counts of rape.

Gweru magistrate Ms Judith Taruvinga granted him bail on condition that he reports to
Harare Central Police Station every Monday and Friday until the matter is concluded
and does not interfere with State witnesses.

He was not asked to plead and remanded to June 20.

Prosecutor Mr Daniel Tafuma alleges that on May 31 this year, Machingauta – who is
reading for a Local Governance degree at MSU – invited the complainant for a drink at
a local nightspot and the MP got drunk.

The court heard that Machingauta invited the girl to his room after lying that he wanted
to get his car keys.

When they got to the hotel room, Machingauta allegedly locked the door and started
caressing her.

Mr Tafuma said the girl pleaded with him to stop, but he forced onto the bed, and then
stripped and raped her.

The court heard the MP refused to open the door after the rape and in the morning raped
her again before letting her go.

The student told her fiancé about the alleged rapes and a police report was made
resulting in Machingauta’s arrest.

Rape suspect feigns mental illness

June 10, 2014 Crime & Courts

Court Reporter

A Seke man who faked mental illness after allegedly raping a neighbour’s daughter
collapsed in court when a medical report indicated that he was sane. The suspect
pleaded guilty to rape when he appeared before Chitungwiza Regional Magistrate Ms
Estere Chivasa on May 26 and was subsequently ordered to undergo a medical
examination.
Two medical reports produced in court yesterday indicated that besides diabetes, he
was healthy.

Ms Chivasa explained to him that the charge would be read out to him again.

Visibly shaking, the man pleaded not guilty, prompting Ms Chivasa to ask why he had
initially admitted culpability. At a loss for words, the accused collapsed.

Prison officers attended to him and the matter was deferred to Friday after it was
established that his sugar levels were high.

Prosecutor Ms Kareni Kunaka alleges that on at around 5pm on May 16 this year, the
man saw the girl walking alone and called her to his house.

The girl was following her mother who had gone to see a friend in the neighbourhood.

Once in her house, it is alleged, the man raped her.

The girl reported the matter to her mother, who told the police leading to the man’s
arrest.

MDC-T MP arrested for rape

June 9, 2014 Headlines, Top Stories

Herald Reporters

MDC-T National Assembly representative for Budiriro and the party’s deputy youth
chairperson, Costa Machingauta, was on Friday arrested in Gweru for allegedly raping
a Midlands State University student he had lured to his hotel room the previous night.
The legislator was not asked to plead when he appeared before Gweru magistrate Mr
Tendai Madanhire on Saturday facing rape charges.

He was remanded in custody to June 20.

Mr Madanhire advised Machingauta to apply for bail at the High Court and the hearing
is expected today.
According to the State, Machingauta is reading for a Local Governance degree at MSU
and was in Gweru for his end of semester examinations.

It is alleged that on Thursday night, Machingauta invited the student to his hotel room
where he allegedly demanded to have sex with her.

However, the court was told, the student turned him down and Machingauta then forced
himself on the girl despite her attempts to ward him off.

The next morning the student reported the matter to the police in Gweru, leading to
Machingauta’s arrest that same day.

Mr Calvin Guvheya appeared for the State, while Machingauta was represented by
Machingauta and Tavenhave Legal Practitioners.

LATEST: Man rapes 104 year-old

June 4, 2014 Local News

Midlands Correspondent

Police are hunting for a 22-year-old Gokwe man who has gone into hiding after
allegedly raping and assaulting a 104-year-old woman. Batanai Kutsara of Mangisi
village under Chief Chireya was supposed to stand trial at Gokwe regional court on
Monday but absconded after being granted $100 bail by the High Court last Friday.

Kutsara’s failure to appear in court prompted Gokwe regional magistrate Mr Amos

Mbobo to issues a warrant for his arrest.

Prosecutor Mr Robert Ndlala alleged that on March 27 this year, the elderly woman
was walking with the aid of a stick to her fields when she saw Kutsara and a friend
standing by the side of a foot path, while sharing a cigarette.

As she passed by, Kutsara started proposing to her, but she turned him down, arguing
that she was past the age of getting into an affair.

The court heard that Kutsara went on to demand sex, but the centenarian declined.
Mr Ndlala said Kutsara, who was not amused by the woman’s response, grabbed her
walking stick and severely assaulted her all over the body using the stick until she fell
unconscious.

Kutsara seized the opportunity and raped her once before leaving her lying helplessly
on the ground. Mr Ndlala told the court that the complainant later regained
consciousness and she noticed some blood stains from her privates.

She was assisted by fellow villagers who found her lying to the ground.

The matter was reported to the police leading to Kutsara’s arrest.

Dad rapes daughter after virginity test

June 3, 2014 Crime & Courts

Lovemore Meya Court Reporter

A 34-year-old Chitungwiza man reportedly conducted a virginity test on his 14-year-

old daughter before raping her, after suspecting that she was having sexual intercourse
with her boyfriend in the toilet.

The man, who is separated from his wife, arrived home at around 7pm on May 26.
He saw a 15-year old boy loitering around his premises and summoned his daughter.
When the minor entered the room, he questioned her about the person she was with in
the toilet.

She explained that the boy was her friend and had been waiting for her outside. The
man waited until the daughter had her supper and ordered her to prepare her bed in the
kitchen.

He locked the door and started interrogating the girl, accusing her of being intimate
with boys in the neighbourhood.

The man forcibly conducted a virginity test by inserting his finger into the minor’s
privates.
He allegedly switched off the lights, increased the volume on the radio and raped the
girl.
She then reported the matter the following day to her mother’s relatives leading to the
man’s arrest.

The man was not asked to plead when he appeared before Chitungwiza magistrate Mr
Lazarus Murendo and was remanded in custody to June 13.

Mr Tendai Mukariri prosecuted.

Mentally-ill man rapes toddler

May 27, 2014 Crime & Courts

Court Reporter

Chitungwiza regional magistrate Ms Estere Chivasa has referred a mentally-challenged

man for medical examination after he pleaded guilty to raping a [Link] Chivasa
ordered him to be examined by two doctors and remanded him in custody to June 6.

According to the presentations made by prosecutor Mr Lovet Muringwa, on May 16

this year at around 5pm, the man saw the minor walking alone and called her to his
house.

The court heard that the minor was following her mother, who had gone to see her
neighbour.

The man took advantage of the situation and took the child to his room where he raped
her.

The minor cried during the sexual abuse, forcing the man to abandon the act.

When the girl’s mother returned, the minor narrated her ordeal.

Not sure if her child was telling the truth, the woman took the minor to her grandmother
who examined the toddler and confirmed that the little girl had indeed been abused.

The minor’s mother reported the matter to the police leading to the man’s arrest.

The man told the court that he was unsure of the spirit that got into him, causing him to
commit the offence.
Rapist (72) jailed four years

May 26, 2014 Crime & Courts

Senior Court Reporter

Regional magistrate Mr Noel Mupeiwa last week jailed a 72-year-old Norton man who
raped his neighbour’s 17-year-old mentally challenged daughter in his house with an
effective four-year jail term. The senior citizen (name withheld to protect victim), was
exposed by a 10-year-old girl, who witnessed the despicable act through a window after
her suspicions were raised when she noticed the man luring the teenager. The magistrate
sentenced the man to eight years in prison and set aside four years for five years on
condition he does not commit a similar offence.

Mr Mupeiwa said the court was lenient with the man because of his old age, but also
took into account the gravity of his offence.

“Even though the accused person is in his last days of living on this earth, I have not
lost sight of the fact that he took advantage of the complainant’s mental status. The age
difference is quite substantial, over 50 years to be precise, and that is aggravatory.

“However, the mitigatory factors far out way the aggravatory ones therefore I will
reduce the sentence greatly. A custodial sentence with a suspended portion is most
appropriate,” he said.

The man appeared to be hard of hearing and needed to have instructions shouted at him
before he responded during the proceedings. On January 8 this year at around 4pm the
complainant visited the man’s house where she wanted to get some mangoes in his
yard.

She proceeded to pick fruits from the trees and was approached by the man who held
her by the hand and led her into his house. The complainant’s friend, who had seen the
man taking her into the house, followed.

She peeped inside the man’s bedroom and saw him raping the complainant.
The witness left the man’s house and reported the matter to the complainant’s relatives.

‘Prophet’ up for rape

May 26, 2014 Crime & Courts

Senior Court Reporter

The trial of a man who allegedly raped two sisters because the “holy spirit” had
instructed him to sleep with them and marry them, opened in Harare last Friday.
Masimba Wynne Chando (33) of Epworth who claimed to be a prophet threatened the
women’s family with death adding that if they failed to comply with the “holy spirit’s”
demands, he foresaw their homestead turning into a graveyard.

Chando, who is facing rape charges, appeared before regional magistrate Mr Noel
Mupeiwa.

Prosecutor Mrs Tinashe Kanyemba-Makiya called the first witness, the 31-year-old
victim, who narrated to the court how Chando raped her everyday since December 2012
to October last year. She told the court that she could not run away as Chando would
threaten her with death.

The trial continues on Wednesday.

Do our girls deserve this?

May 21, 2014 Opinion & Analysis

Samson Muradzikwa Correspondent

It was reported recently in the local Press that a Mhondoro grandmother allegedly
forced her 14-year-old granddaughter to marry a 47-year-old man who later raped her
and infected her with HIV.

Unfortunately, this incident is not the first to be reported, nor will it be the last.

It is despicable. Yet it is but one example of how harmful social practices in this country
are stealing the innocence of our children and slowly eating away at our moral fabric
as a people and as a nation.

Read the facts. The latest census data shows that one in every three women aged
between 20 to 49 in Zimbabwe was married before her 18th birthday. Around five
percent of women aged between 15 to 49 were married before their 15th birthday. These
women represent a lost opportunity. They fare poorly on all education and wealth
indicators. About 20 percent of less educated women married before the age of 15 while
only one percent of the educated married after that age.

Equally disturbing, 60 percent of less educated women married before the age of 18
compared to only 6 percent of women with a higher education.

Girls who marry early often abandon formal education and become pregnant.

While in 1999, the Government adopted a policy of readmitting pregnant girls into
formal school after delivery, stigmatisation and the responsibilities of motherhood have
negated the re-enrolment of young mothers.

Thus women who married young have a limited education. But they are also likely to
be poor. Those who married before ages 15 and 18 are three times more likely to be
found in poor households than those who married later. Separated from their family and
friends and lacking the freedom to participate in social life, these young brides often
lead a lonely existence, with major consequences on their mental and physical well-
being.

This does not make for happy reading but sadly, it depicts a fact of life that cannot
continue any longer.

For whatever reasons — religious, cultural or economic — young girls are being forced
into marriages at a huge cost to them, their children, and the nation.

Women are the bedrock of any nation’s sustainable development. We can ill-afford
religious and cultural practices that continuously force young girls into marriage. This
eternally robs these girls of the right to make decent and informed decisions about when
to marry and whom to marry.

But it gets worse. As the Zimbabwe Demographic and Household Survey (ZDHS) of
2011 shows, 24 percent of young women aged between 15 to 19 years began child
bearing in their teens. Bearing children at a tender age exposes these mothers to greater
risk of dying from pregnancy-related complications.

A March 2014 report commissioned by the Zimbabwe Youth Council on Eliminating

Harmful Social and Cultural Practices Affecting Children, found early marriages to be
among the top three harmful practices affecting children, the other being child
prostitution and child sexual abuse.

Although the new Constitution defines a child as any person under the age of 18, the
silence of the customary act on marriage makes it difficult to address child marriages.
But it could partially be addressed if all children were issued with a birth certificate as
proof of age.

But reducing and eventually ending child marriages does not end with proof of age
alone. It requires a multi-sectoral approach that includes educating and empowering
communities to see child marriage as abusive and exploitative.

Child marriages happen on a regular basis yet society has tended to turn a blind eye for
cultural or religious reasons.

This social acceptance is really unacceptable because these “marriages” are a serious
form of violence against girls and need to end. They are a form of sexual abuse.
Nelson Mandela surely had these harmful practices in mind when he said, “There can
be no keener revelation of a society’s soul than the way in which it treats its children”.
What does the practice of marrying young girls say about us as a people, us as a nation?
Heartbreaking at the very least!

84-year-old rapes 2 minors

May 14, 2014 Crime & Courts

Court Reporter

An 84-year-old Chitungwiza man allegedly inserted his fingers into the private parts of
two minor girls aged eight and 10 before raping them and giving them $1 as a token of
“appreciation”.Peter Sikireta was not asked to plead to two counts of aggravated
indecent assault and rape charges.

He appeared before Chitungwiza magistrate Mr Lazarus Murendo and was remanded

in custody to May 23.

Prosecutor Mr Tendai Mukariri alleged that Sikireta, during the period between April
8 and 9 this year, was at a tuck shop near Zanu-PF offices in Unit O in the same location.

The court heard that Sikireta allegedly called the two minors to where he was and
offered them the money.

He allegedly inserted his fingers into their genitalia one after the other. Further
allegations are that, Sikireta raped the two on several occasions and the matter was later
reported to the police leading to his arrest.
Herdboy rapes employer’s daughter (4)

May 12, 2014 Crime & Courts

Prosper Dembedza Court Reporter

An 18-year-old Rusape herdboy was arrested last week for allegedly raping his
employer’s four-year-old daughter.

The man allegedly raped the minor after calling her into his hut.
Acting Manicaland provincial police spokesperson Assistant Inspector Muzondiwa
Clean yesterday said the teen was assisting them with investigations and would appear
in court soon facing a rape charge. “We arrested a man identified as (name withheld to
protect the girl’s identity) who took advantage of his employer’s absence and raped her
four-year-old daughter,” he said.

It is alleged that the girl was playing at home while the mother went to attend a funeral
in the neighbourhood.

While she was away, the herdboy is said to have called the minor into his bedroom hut
where he raped her.

The girl reported the matter to a neighbour, who advised the girl to tell her mother when
she came back, but she did not do so.

The alleged rape came to light on May 7 when the girl’s mother discovered sores on
her daughter’s privates.

A report was made at Rusape Rural Police Station, leading to the herdboy’s arrest.

Boy (17) forces girlfriend to have group sex

May 1, 2014 Crime & Courts

Lovemore Meya Court Reporter

A 17-year-old Chitungwiza boy reportedly drugged his 16-year-old girlfriend and had
sexual intercourse with her before forcing her to have group sex with his two friends
while he watched. He, however, dumped the girl after she fell pregnant. A medical
doctor who examined the girl said she had been infected with a sexually-transmitted
infection.
The boy and his friend (18) denied rape charges while their 19-year-old accomplice
was still at large.

The incident occurred sometime in September last year when the girl went to see her
boyfriend at his house. He allegedly made her drink beer and had sexual intercourse
with her while she was drunk.

After the act, he asked his two friends to enter the room while she was naked and forced
her to have sex with them.

The duo appeared before Chitungwiza regional magistrate Ms Estere Chivasa. The boy
was lucky to escape a prison term after he was sentenced to corporal punishment of five
strokes. In addition, he was slapped with a suspended two-year prison term on condition
of good behaviour.

His friend was slapped with a two-year jail term with 18 months suspended for five
years and the remaining six months effective.

In sentencing them, Ms Chivasa said the boy who turns 18 next month escaped a
custodial sentence by a whisker.

“I took into account that you were in a form of a relationship with the complainant and
being a minor again, I will sentence you to a suspended jail term. Unlike your friend,
he took advantage of the girl and sexually abused her despite the fact that she dropped
out of school leading her to be delinquent,” said Ms Chivasa.

Ms Chivasa said the law sought to protect young girls from such kind of abuse.

Teacher allegedly rapes pupil

April 28, 2014 Crime & Courts

Court Reporter

A 37-YEAR-OLD Chitungwiza teacher allegedly raped his Grade Seven pupil in a

storeroom and threatened to suck her blood if she reported the abuse. The teacher
committed the offence after ordering other pupils to leave the classroom. The man was
not formally asked to plead to rape charges when he appeared before Chitungwiza
magistrate Mr Lazarus Murendo last week.

He was remanded to May 9 on US$50 bail.

Prosecutor Mr Tendai Mukariri alleges that on April 2 at around 12pm, the man tasked
the minor and her classmate to pack books in the storeroom.

He later ordered the other girl to leave the storeroom while he remained inside with the
minor.

The man then raped the girl after tearing her uniform.

The court heard that after committing the offence, the man threatened to suck the girl’s
blood if she revealed the abuse.

The matter came to light when the girl visited her aunt in Rusape who observed that
she was having difficulties in walking.

The minor narrated her ordeal leading to the teacher’s arrest.

Rape victim (4) narrates ordeal

April 17, 2014 Crime & Courts

Lovemore Meya Court Reporter

A four-year-old girl from Chitungwiza left the court dumb-founded after she gave a
graphic account of how her assailant came to pick her up from her parents’ house to a
maize field where he raped her.

Giving her evidence through the Victim Friendly Court (VFC) via video link, the rape
survivor demonstrated with “coital gestures” illustrating how she was sexually abused
by the 39-year-old man.

She narrated how the man spread his jacket on the ground and took off her pant, stashing
it in his pocket before sexually abusing her.
The man, she said, was disturbed by a passer-by (Witness Gada) and took to his heels
but was apprehended.

The minor said she was taken to her assailant by two other men and she fished out her
pant from his pocket.

The incident occurred on March 15 at around 9am when Christopher Wilson arrived at
the minor’s residence where she was playing with her friends.

He pretended to play with her before enticing her into a nearby maize field where he
raped her.

Wilson denied the offence saying he was assaulted by a mob while coming from a night
club on the day in question.

His utterances hit a snag after the girl’s neighbour chronicled the event up to the point
she asked the minor’s mother to witness his sexual gestures on the girl.

He denied rape charges before Chitungwiza magistrate Ms Estere Chivasa but was
convicted after a full trial. Ms Chivasa slapped him with an 18-year jail term before
suspending three years for five years.

In handing the sentence, Ms Chivasa considered that the matter was premeditated.
“The accused person was so daring when he committed the offence since he went to
the girl’s residence and placed his weight on the minor.

“You also exposed this little girl to risk of sexual transmitted infections,” said Ms
Chivasa. Ms Karen Kunaka prosecuted.

MDC-T MP arrested for rape

April 16, 2014 Crime & Courts

Crime Reporter

Binga North MP Prince Madubeko Sibanda (MDC-T), who was arrested on Monday
on allegations of drugging, raping and infecting a 17-year-old girl with an STI in
Victoria Falls, was by yesterday still in custody.

Sibanda handed himself over to the police after the teenager reported on Sunday about
the alleged rape, which left her hospitalised with an unspecified STI.
It is alleged that the legislator gave her US$20 in November 2013 soon after the rape
as an inducement not to report the matter.

Investigations reveal that the teenager is the daughter of a senior MDC-T official in
Matabeleland North Province.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba said, “He
is still in police custody and assisting with investigations. He will appear in court soon
once investigations have been completed.”

She said Sibanda met the girl on November 12, 2013 in Victoria Falls and offered her
a lift to a high-density suburb.

Sibanda allegedly gave the teenager a drink believed to have been laced with an
unknown drug and drove to a thicket along Victoria Falls-Kazungula Road, where he
raped her.

“He gave her US$20 and ordered her not to inform anyone about the matter,” Snr Asst
Comm Charamba said.

The girl, it is understood, almost failed to write Ordinary Level examinations because
she was hospitalised with a sexually-transmitted infection.

Snr Asst Comm Charamba said the teen told her parents of the rape and her father
confronted Sibanda.

It is alleged that they agreed on an out-of-court settlement. Sibanda, it is alleged, failed

to honour the agreement and only then was a police report made.

Snr Asst Comm Charamba said rape was a serious crime and families should not
trivialise it by “negotiating”.

Raped, strangled and thrown into well to die

April 16, 2014 Crime & Courts

Fungai Lupande Court Reporter

An Epworth woman cheated death after a stranger broke into her house while she was
fast asleep, dragged her outside where he severely assaulted her, raped her several times
before throwing her into a deep [Link] suspect, Jephat Kangara (22) appeared before
Harare magistrate Mr Tendai Mahwe facing attempted murder, aggravated indecent
assault and rape charges.

Kangara who was not formally charged was denied bail and is expected back in court
on April 29. Mr Mahwe advised him to apply for bail at the High Court.

Prosecutor Ms Sharon Mashavira alleged that on April 12 at Greenvalley area in

Epworth, the complainant forgot to lock her door and Kangara entered around
midnight. Kangara grabbed the complainant who was fast asleep by the neck and
ordered her to follow him.

The court heard that Kangara ordered the woman to remove his trousers and she
complied.

Kangara allegedly dragged the woman a distance from her house where he strangled
and severely assaulted her. He raped her four times before inserting his manhood into
her mouth, it is alleged. He later threw the woman into a deep well. Kangara’s national
identity card was recovered at the complainant’s house leading to his arrest.

LATEST: Girl nails friend’s rapist

April 15, 2014 Crime & Courts

Court Reporter

A nine-year-old girl from Chitungwiza nailed her friend’s 56-year-old rapist after she
reported the matter to policemen patrolling in their vicinity.
This was after her friend (9) gave her a detailed account of how she was sexually abused
by her mother’s landlord and given a packet of roasted maize (maputi).
Testifying in court, the minor’s friend narrated how she was informed and later on
accompanied her to policemen patrolling in their neighbourhood leading to the man’s
arrest.
The incident occurred on January 31 this year when the girl’s mother left the minor
with her younger sister as she went to work.

The man denied rape charges before Chitungwiza regional magistrate Ms Estere
Chivasa, but was convicted after prosecutor Mr Lovet Muringwa proved a strong case
against him.
He was jailed for 18 years with three years suspended for five years and 15 years shall
be effective.

In his defense, he said the charges were malicious after giving the minor’s mother a
notice and he never abused the girl since he was experiencing erectile problems.
The claim was dismmised by Ms Chivasa on the basis that the girl reported the matter
without her mother’s knowledge.

“The fact that she reported the matter without her mother’s knowledge totally crushed
the accused’s defense,” said Ms Chivasa.

Ms Chivasa applauded the manner with which the minor handled the matter.
“What the girl did was very clever because after noting the relationship between her
mother and the accused she knew that if she told her the matter would not have been
reported,” said Ms Chivasa.

This was after he told the court that he used to borrow some pornographic materials
from the minor’s mother an indication that they had a mutual relationship.
In cross examination, the man asked the minor why she never raised alarm during the
abuse and the minor said: “You were too heavy on top of me and when I cried no one
heard my screams.”

The court heard that on the day the man lifted the minor from her mother’s lodgings to
his bedroom where he sexually abused her.

In an attempt to conceal the offence, he gave the roasted maize.

The minor told her friend of what had happened and they reported the matter to the
police.

LATEST: Stiff penalties alone won’t stop rape, President

March 26, 2014 Headlines, Top Stories

Farirai Machivenyika Senior Reporter

President Mugabe has said a nationwide campaign involving various sectors in society
is needed to fight women and child sexual abuse saying imposition of stiffer penalties
alone would not reduce incidences of the crime. President Mugabe said this while
officiating at the belated commemorations of the International Women’s Day.

He said according to weekly briefings he receives from ZRP Commissioner-General

Augustine Chihuri, cases of child sexual abuse were prevalent.

Details to follow.

HIV positive rapist jailed 30 years

March 26, 2014 Headlines, Top Stories

Fungai Lupande Court Reporter

A 52-year-old HIV positive man was yesterday sentenced to 30 years in prison for
raping his blind friend’s 12-year-old daughter threatening the girl with a six-gear okapi
knife.

The man, who told the court that his HIV had progressed to Aids, pleaded not guilty to
two counts of rape when he appeared before Harare magistrate Mr Simon Kachambwa.

Mr Kachambwa sentenced the man to 40 years in jail and suspended 10 years on

condition in the next five years he does not commit an offence of a sexual nature.

In passing sentence, Mr Kachambwa said although the girl tested negative the man had
left a permanent scar.

“Accused was a family friend and father figure to the minor and he turned into a sexual
predator, taking advantage of his blind friend, raping his daughter whom he was trusted
with,” he said

Prosecutor Mr Michael Reza in aggravation told the court that the girl was turned into
a woman before her age.

In mitigation the man told the court that he is a widower with one child aged 13.

“I am praying that I don’t get incarcerated because I am a sick person. I am HIV positive
and the virus has since progressed to Aids,” he said.
Mr Reza told the court that on an unknown date, but on a Sunday, last year in the
afternoon the accused paid his friend a visit and gave the minor a tender hug upon
arrival .

After a few minutes the girl developed stomach pains and the man insisted that she
accompany him to his house to get ginger roots to heal the stomach pains.

At the man’s house, he dragged the girl to his bedroom while one hand was gagging
her mouth. He raped her and threatened her not to tell anyone before giving her the
ginger roots.

Two days later around 8pm, the girl was attending a church service when the man told
her they must go home since it was late.

The pair proceeded home and on approaching Stodart Complex, the girl advised the
man that she will proceed home alone. However, the rapist insisted that he wanted to
give her a parcel for her father.

They went to his house and the man dragged the girl into his bedroom where he raped
her, threatening her with a six gear okapi knife.

The girl went home and remained silent.

On October 28, the man met the girl at Dhumbujena Street in Mbare and he dragged
the girl to his house insisting that she should visit his mother since she had not done so
in a long time.

At his house the man dragged the minor to his bedroom and raped her. He threatened
her again with the six gear okapi knife before sending her home.

The girl opened up to her teacher and the matter was reported to the police.

Teacher rapes pupil

March 26, 2014 Crime & Courts

Fungai Lupande Court Reporter

A teacher at a primary school in Epworth, Harare, last Friday appeared in court on

allegations of raping a Grade 5 pupil he had told to sweep his house. The man was not
formally charged when he appeared before Harare magistrate Mr Tendai Mahwe facing
rape charges. Prosecutor Ms Sharon Mashavira alleged that on an unknown date in
February and at around 3pm, the man ordered the pupil to go and sweep his house and
he followed her.

While she was sweeping, the teacher grabbed her and carried her into his bedroom. He
gagged her mouth and removed her uniform before raping her, the court heard. After
the sexual assault, he allegedly threatened the girl with death. The girl dressed up and
put some blood-stained tissue in her school bag and returned to class.

On March 11, the girl’s grandmother went through the minor’s bag and discovered the
blood-stained tissue.

The grandmother quizzed her and she opened up on what had happened.

High Court upholds HIV+ man’s rape appeal

March 25, 2014 Crime & Courts

Chief Court Reporter

An HIV-positive man breathed a sigh of relief after the High Court quashed his
conviction and a 14-year jail sentence imposed on him for allegedly raping his brother’s
six-year-old daughter. Dennis Chihwayi walked out of court a free man after Justice
Owen Tagu, sitting with Justice Francis Bere, ruled that he was improperly convicted
of the alleged offence.

He was found not guilty and acquitted.

The appeal was allowed without hearing arguments on the matter because the judges
had satisfied themselves that both the conviction and sentence were improper.

In terms of Section 35 of the High Court Act, a judge is empowered to peruse the
Prosecutor-General’s notice and reasons together with the appeal record and decide on
the matter promptly.

The judges were in total agreement with the reasons given by the prosecution.
Justice Tagu said the record placed before them was riddled with several and serious
contradictions.

Given that state of affairs, he ruled, the appeal should succeed without any further
participation of the parties’ legal representatives.
“In view of the respondent’s (State) concessions which we are satisfied were properly
made, the appellant’s appeal is upheld,” he said. “His conviction and sentence are set
aside. He is found not guilty and acquitted.”

Mr Vasco Shamu, who represented Chihwayi, stated in the appeal that the trial
magistrate misdirected himself on both facts and the law when he convicted his client
on the basis of circumstantial evidence and inferences he drew from the testimonies of
witnesses which clearly raised serious contradictions and were open to doubt.

Prosecutor Mr Innocent Muchini conceded in his papers that Chihwayi was improperly
convicted.

He said the prosecution and the trial magistrate should have called for sufficient
evidence to guard against inherent dangers of false incrimination.

Mr Muchini said Chihwayi was resolute in his defence throughout the trial.
“His conduct in taking the complainant to the clinic, police and to other family members
does not seem consistent with a rape perpetrator,” he said.

The prosecution in the lower court, said Mr Muchini, failed to prove the crime beyond
any reasonable doubt that Chihwayi raped the minor and caused the injuries sustained
on her genitals.

Bus owner’s rape appeal falters

March 24, 2014 Crime & Courts

Fidelis Munyoro Chief Court Reporter

Simbarashe Gibson, who owns First Class Bus Company, has lost his appeal against
conviction and a seven-year-jail sentence imposed on him for raping an 11-year-old girl
in 2011.

Gibson was slapped with a 12-year-jail term with five years suspended on condition of
good behaviour on November 14, 2011.

He appealed against both conviction and sentence at the High Court but lost. He then
approached the Supreme Court in a bid to quash the lower court’s decision.
In a judgment handed down last week, Justice Bharat Patel rejected Gibson’s appeal,
finding no misdirection on the part of the lower court in confirming the decision of the
trial court.

“In the result the appeal is dismissed in its entirety,” ruled Justice Patel, with Justices
Vernanda Ziyambi and Paddington Garwe concurring.

Justice Patel found that the girl’s detailed evidence could not possibly have been
concocted, while important aspects of her testimony were clear and never challenged
at trial.

The judge accepted the submission by prosecutor Ms Sharon Fero that the
inconsistencies alluded to by the defence, led by Advocate Firoz Girach, were not so
grossly irreconcilable to vitiate the credibility of the juvenile’s testimony.

dv Girach had argued that the juvenile’s failure to report the alleged rape was clearly
unusual in the circumstances of the case.

But Justice Patel ruled that: “Bearing in mind that the complainant’s tender age and
dislocation from her home and family, it seems to me that her initial reticence was
obviously induced by a mixture of fear, confusion and extreme anxiety.”

Justice Patel rejected Gibson’s claim that the police colluded with the girl to extort
money from him.

On the question of sentence, Justice Patel agreed with the High Court, which had
confirmed the sentence imposed by a magistrate.

In doing so, the lower court relied on precedence holding that a rape committed on a
young girl should attract at least 10 to 12 years imprisonment.

To this end, the court noted that in this case a sentence within the expected range was
imposed with a substantial portion being suspended on condition of good behaviour.

On August 31, 2010, the girl passed through Gibson’s business premises along
Gleneagles Road in Harare.

Gibson approached the girl and asked if she had bus fare, after which he gave her US$2
and told her to come back if she needed more money.
The complainant came back two days later after failing to locate her relatives in
Dzivaresekwa.

Gibson offered her accommodation at a cottage behind his garage.

During the night, Gibson went where the girl was sleeping and raped her. He gave her
US$80 the following morning and claimed she would be arrested if she told anyone
what he had done.

He accompanied her to Mbare Musika to catch a bus to Mutare, but when she got to the
eastern city she told her relatives of the crime, leading to Gibson’s arrest.

Grandpa rapes 15-year-old

March 24, 2014 Crime & Courts

HURUNGWE
A 68-year-old man from Hurungwe last week appeared in court for allegedly raping his
15-year-old granddaughter when she came to his bedroom to get maize-meal to prepare
breakfast.

The 68-year-old man was not asked to plead when he appeared before Karoi resident
magistrate Mr Robson Finsin last Thursday, and was advised to apply for bail at the
High Court.

He is alleged to have committed the crime in February when his wife left him with their
granddaughter as she went to work in a field.

The girl was to perform household chores and prepare breakfast.

The grandfather was in his blankets when the girl entered the bedroom to get the maize-
meal.

It is alleged the man suddenly rose from the bed and wrestled his granddaughter onto
the bed.

The court was told that the girl bit his right hand in order to break free, but the man
threatened to kill her if she resisted and he raped her once.
The girl only revealed the alleged rape when she saw her grandparents sharing the bed,
telling her grandmother that she too had slept with her grandpa there.

Her grandma later took the matter to Tengwe police who arrested the man. He will be
back at the court on April 2 this year.

Mr Webster Dimingo prosecuted.

37 years for serial rapist

March 20, 2014 Crime & Courts

Fungai Lupande Court Reporter

A 31-year-old HIV-positive serial rapist was last Tuesday sentenced to 37 years

effective for raping three women he sweet talked into accompanying him to Letombo,
Greendale, where he stole their money and valuables after raping them. One of the
victims fainted in court after Pedzisai Chiringwa’s HIV status was disclosed.

Chiringwa, of number E2117 in Epworth, asked for God’s mercy and forgiveness for
sinning and told the court that he appreciated that he did wrong. Chiringwa pleaded not
guilty to six counts of rape and robbery, but magistrate Ms Fadzai Mtombeni convicted
him after a full trial. He was sentenced to 45 years, but eight of them were suspended
for five years on condition he did not commit a similar crime.

The prosecutor Mr Daniel Muchimbiri told the court that on July 11 last year around
5pm, Chiringwa met the first complainant in the city centre and proposed love to her.

He asked the woman to accompany him to Greendale to collect a vehicle from his
sister’s house. They went to Letombo water tanks and Chiringwa grabbed the woman
from the back and raped her twice. She surrendered US$200 and a cellphone and
escaped naked before she was assisted by people gathered at a church.

On August 2 last year, Chiringwa met another woman at VID Eastlea where she was
processing her driver’s licence. He lied to her that he worked at the VID and was
connected to the manager and lured the woman to accompany him to Greendale where
he said the manager resided.

Chiringwa led the woman to Letombo reservoirs where he grabbed her neck and
threatened her with a knife. He ordered her to sleep facing upwards while he ransacked
her handbag, stealing a cellphone before raping her. On February 16, this year at around
5pm Chiringwa met a woman in the city centre and asked her to accompany him to
Greendale to collect his car. He led the woman to Letombo water reservoirs where he
stole her cellphone and US$12 before raping her several times.

Guard handcuffs, rapes brother’s daughter

March 19, 2014 Crime & Courts

George Maponga in Masvingo

A 35-YEAR OLD Chiredzi security guard handcuffed his brother’s teenage daughter
and raped her on two separate occasions, the Masvingo magistrates’ court heard last
week. The man was not asked to plead when he appeared before regional magistrate
Mrs Lyn Manyika charged with rape.

Mrs Manyika remanded the man out of custody on free bail to 24 March.
The court heard that sometime in November last year the man invited his brother’s
daughter to his house on the pretext that he wanted her to wash dishes.

The man allegedly tripped the minor as she was washing the dishes, handcuffed her and
proceeded to rape her.

He allegedly promised to buy the girl presents on condition she did not reveal the
incident to anyone.

The man raped the girl again three days later using the same method.
He was only arrested after the girl’s father got wind of the sexual abuse and confronted
his daughter.

The girl confirmed being raped twice by his uncle.

Ms Mukai Mutume prosecuted.

LATEST: Josphat Somanje arrested for rape

March 18, 2014, Local News

Prosper Dembedza, Herald Reporter

Sungura musician Josphat Somanje has been arrested for eight alleged counts of raping
his wife, police have said.

Mashonaland East provincial police spokesperson Inspector Nobert Muzondo today

confirmed Somanje’s arrest.

He said Somanje (47) is currently in custody assisting police with investigations.

“We arrested Somanje of 2362 Dzidzai Street Cherutombo in Marondera following a
report by his wife that he had been allegedly forcing her to have anal sexual intercourse
with him since last year.

“His wife indicated that up to date the musician forcibly had anal sexual intercourse
with her eight times,” Inspector Muzondo said.

It is alleged that on an unknown date between April 2013 and January 2014 the “This
Time (Haulume)” hit maker had been demanding anal sexual intercourse with his wife
and threatening to evict her at their matrimonial house if she refused.
With the threats the musician allegedly had anal sexual intercourse with his wife eight
times without her consent.

The matter came to light on March 14 when his wife reported the matter at Marondera
Central police station which led to his arrest.

His wife was referred to Marondera General Hospital for medical examination.

Man arrested for raping mother (90)

March 17, 2014 Crime & Courts

Prosper Dembedza Herald Reporter

A 40-year-old Rusape man was last week arrested for raping his 90-year-old mother,
police have said.

Mashonaland East provincial police spokesperson Inspector Nobert Muzondo said the
man was still assisting police with investigations.
It is alleged that on the day in question at around midday, the man witnessed his mother
being given an undisclosed amount of money by someone who had visited their
homestead. At around midnight, he reportedly broke into his mother’s bedroom and
started demanding money.

He went on to draw a knife before threatening to stab her if she did not comply.

When his mother refused to give him the money, the man allegedly undressed her and
raped her once before disappearing into the darkness.

Her mother could not identify his face since the room was dark, but she managed to
identify his voice and his knife and the fact that he was the only one who knew that she
had been given money in the afternoon.

She went to her neighbour’s homestead and told her about the issue and a report was
made at Rusape Central Police Station.

Sports editor acquitted of rape

March 14, 2014 Crime & Courts

Senior Court Reporter

Former Alpha Media Holdings group sports editor Simba Rushwaya (39), who was
accused of raping his 16-year-old housemaid, has been cleared of the charges. Regional
magistrate Mrs Sandra Mupindu acquitted Rushwaya after a full trial because the State
failed to prove a case against him.

Rushwaya, through his lawyer Ms Rekai Maposa, denied the allegations saying the
maid fabricated the claims when she was fired for stealing money.

Mrs Mupindu said the complainant lacked consistency and credibility, and some of her
claims could not be corroborated.

As such, she ruled, any reasonable court would not convict anyone basing its judgment
on such evidence.
Ms Maposa said that after the alleged rape, the girl went on to spend a night with her
boyfriend only to report the alleged rape three days later.

It was alleged that on October 28 last year, Rushwaya arrived home late and unlocked
the door before proceeding to the kitchen where the girl was sleeping.

He woke her up and ordered her to remain quiet or he would kill her if she made any
noise, it was alleged.

It was also alleged that Rushwaya was holding a baton and allegedly stripped the girl
and raped her.

The court heard that Rushwaya threatened the girl with death for the second time if she
told anyone what had transpired.

The following day, Rushwaya alleged that the girl had stolen US$20 as a pretext to
dismiss her from work, it was alleged.

Father rapes 2- month-old daughter

March 10, 2014 Crime & Courts

Court Reporter

A 39-YEAR-OLD Harare man allegedly raped his two-month-old daughter twice when
his wife left the child alone with him. The haulage truck driver was not formally
charged with aggravated indecent assault when he appeared before Harare magistrate
Mr Tendai Mahwe, who remanded him in custody and advised him to apply for bail at
the High Court.

His trial begins on March 18.

Prosecutor Ms Sharon Mashavira alleges that on February 23 this year, the man told his
wife to leave the child with him as she did the laundry outside.

The court heard that after 30 minutes the mother heard the child wailing and rushed to
investigate.
It is alleged she found her husband holding their baby and rocking her in his arms.
She took the baby and breastfed her as the husband left the house, the State says.
The mother allegedly discovered that the minor’s private parts were swollen when she
changed her diapers.

She told her husband that she suspected the minor was sexually assaulted and the man
allegedly asked her if she had any suspects.

It is alleged the woman did not comment.

On March 5, the father was again left with the girl while the mother went to buy food,
the court heard.

On her return she found the baby sleeping and prepared breakfast for her husband who
left soon after eating.

When the child awoke, the mother bathed her and saw a fluid flowing from her private
parts, “turning the water oily”.

The mother examined the baby and again observed that her private parts and the anal
area were bruised and swollen, it is alleged.

Not suspecting her husband, she informed a neighbour who advised her to report the
matter to the police leading to the man’s arrest.

Cop rapes woman as punishment for gossip

March 7, 2014 Crime & Courts

ungai Lupande Court Reporter

A police officer was yesterday sentenced to 15 years for raping a 20-year-old woman
whom he accused of gossiping about him. Kudakwashe Kapota (23), who was stationed
at Marlborough Police Station, threatened to take the woman to the President’s Office
as punishment if she failed to comply with his sexual demands.

Harare magistrate Ms Sandra Mpindu sentenced Kapota to 18 years in prison after

convicting him of rape and suspended three years for five years.
In passing sentence, Ms Mpindu said Kapota brought the President’s Office into
disrepute.

“What is disturbing is that accused is a police officer who is under obligation to uphold
and enforce the law,” she said. “The question is who should police the police?

“The offence was deliberate and calculated after lying that he was a member of the
Presidential Guard. He later arrested the woman, said he was to take her to the
presidential office to explain herself and to be assaulted. Accused tarnished the image
of the office after portraying it as a place where people are assaulted, hence putting it
into disrepute “

Prosecutor Ms Ressie Nyamombe said on December 13 last year at around 8pm, Kapota
approached the woman to inquire about the gossip she was spreading about him.

After the confrontation, Kapota told the woman that she was under arrest.
The woman begged for forgiveness and Kapota inquired what she was willing to give
to earn the forgiveness.

He then asked her to become his wife because he wanted to make love to her that night,
but the woman remained silent.

Kapota’s friend arrived in a commuter omnibus and he boarded with his victim

They proceeded to his friend’s house at No. 14 Chigwenhure Road and the friend left
the pair alone upon arrival.

Kapota attempted to remove the woman’s clothes forcibly, but she resisted. The woman
later removed her clothes before being raped once.

After the sexual assault, she dressed up and was dropped at Samuriwo Shopping Centre.
She revealed the abuse to her boyfriend and sister who advised her to report the matter
to the police.

Drunk student gang-raped

March 6, 2014 Crime & Courts

Munyaradzi Musiiwa Midlands Correspondent

POLICE in the Midlands are investigating a suspected case of rape at Vocational
Training Centre where a female student was intoxicated and gang-raped by fellow
students.
Midlands police spokesperson Inspector Emmanuel Mahoko confirmed the incident
which occurred on Sunday when a 19-year-old female student (name withheld) was
invited for a beer drink by four classmates at the institution’s sports grounds where she
was then raped.

“I can confirm that we are investigating a case of rape where a female student at a local
tertiary institution had sex with three male students after taking an illicit drug,” he said.

She was reportedly spotted drinking broncleer in the company of the suspects.
Three male students took advantage of her drunken stupor and took turns to rape her
until she fell unconscious.

The victim was found on the soccer pitch naked and unconscious by college authorities
and rushed to Gweru Provincial Hospital.

“The student could not remember what had happened while she was drunk. Her parents
were immediately called,” said the student.

The principal said the three culprits had already been suspended from the institution
pending police investigations.

“The case is being handled by the police and as a matter of policy we cannot engage
students who are under police investigations unless cleared or proven innocent.
However, I cannot give you any details pertaining to that matter because I am not
allowed to speak to the press unless authorised to do so,” he said.

40 years for raping stepdaughter

February 24, 2014 Crime & Courts

Munyaradzi Musiiwa Midlands Correspondent

A 35-year-old self-styled Gokwe prophet has been jailed for 40 years for raping and
infecting his 16-year-old stepdaughter with a sexually transmitted [Link] man
pleaded not guilty to four counts of rape when he appeared before Gokwe-Kwekwe
regional magistrate Mr Amos Mbobo.
He was convicted on overwhelming evidence and sentenced to 50 years. The magistrate
suspended 10 years on condition of good behaviour.

The court heard that in February and March last year, the man who was married to the
victim’s mother – raped his stepdaughter on four occasions while purporting to be
praying for her.

The court heard that the man was separated from the girl’s mother. The girl was left in
his custody when the mother went to seek advice from her relatives over their marriage
problems.

On a date unknown to the prosecutor, the man asked the complainant to accompany
him to a bush to pray. He asked her to carry a bucket of “holy water” so that she would
take a bath to remove “evil spirits” behind a string of misfortunes bedevilling their
family.

When the two got to the bush, he told her to strip and bath while he “prayed” for her.
He instructed the complainant to lie on her back and then he raped her once.

The girl tried to resist but her stepfather struck her with a small axe in the right eye and
she sustained a deep cut. On three other occasions he used the same method to rape the
girl, threatening her with death if she told anyone of the abuse.

However, the girl reported the matter to her mother leading to the man’s arrest. Mr
Robert Ndlala prosecuted.

Rapist dad gets 20 years

February 7, 2014 Crime & Courts

Terrence Paradza Masvingo Bureau

A Gutu man has been jailed for an effective 20 years for raping and impregnating his
daughter, claiming it was a ritual to cast out evil spirits. Masvingo provincial magistrate
Ms Lyn Manyika on Monday jailed the 44-year-old man from Nyamandi communal
lands after overwhelming evidence was presented against him. He appealed for a
lenient sentence, claiming he committed the crime on the instructions of a traditional
healer.

Facts are that between October and December last year, the man devised a plan to sneak
into his daughter’s bedroom with the intention to rape her.
He left his bedroom in the dead of the night and sneaked into his daughter’s hut and got
inside her blankets.

He caressed his daughter and threatened to kill her if she made any noise before raping
her. The man was arrested after the daughter alerted her mother who immediately filed
a police report.

Mr Joshua Mundondo appeared for the State.

21 percent adolescents sexually abused: ZimStat

February 7, 2014 Crime & Courts

Ruth Butaumocho Gender Editor

Some 21 percent of schoolchildren have at some point been sexually abused during
their adolescence. According to the Zimbabwe National Statistics Agency, Zimstat
2012 National Baseline Survey on Life Experiences of Adolescents report, 33 percent
of females aged between 18 and 24 years, and 9 percent of males in the same age
category, experienced some form of sexual violence during their adolescence. This
gives an average of 21 percent of 18-24-year-olds saying they were abused in secondary
school.

The report noted that sexual abuse was not only confined to rape and sodomy but takes
a variety of forms which include suggestive touching, fondling, pressured intimacy
through use of threats, luring and others.

The Chronicle

‘Sex starved’ teenager, 15, rapes niece, 3

June 26, 2014 Local News

Auxilia Katongomara Court Reporter

A 15-year-old Bulawayo boy recently raped his three-year-old niece, a court heard.
Regional magistrate Sikhumbuzo Nyathi spared the juvenile jail sentence and ordered
him to be canned twice by a prison officer for the crime.
“The accused is to receive a moderate corporal punishment of two strokes with a rattan
cane to be administered in private by a designated prison officer,” ruled Nyathi.

The boy from Cowdray Park suburb pleaded guilty to the charge.

Prosecuting, Masimba Saruwaka said on May 1 this year at around 2PM, the juvenile
was in the sitting room with the toddler while his grandmother was taking a bath.

He took advantage and had sexual intercourse with the toddler once without her
consent.

“He was caught placing the baby in between his legs by his grandmother who then
checked the toddler and discovered that her pant was spoiled with [Link] matter
was reported at Luveve Police Station and a medical examination was conducted on the
toddler,” said Saruwaka.

He said during investigations, the teenage boy revealed that he had been constantly
abused by his cousin and that he committed the crime as he was craving for sex.

Suspect rapes 2 sisters, 4, sodomises cousin

June 25, 2014 Local News

Marvelous Moyo Gwanda Correspondent

A 27-YEAR-OLD Filabusi man has appeared in court for allegedly raping his
neighbour’s two daughters aged four before proceeding to sodomise their cousin also
aged [Link] Ndlovu of Bekezela Township denied the rape and aggravated
indecent assault charges when he appeared before Gwanda regional magistrate Joseph
Mabeza yesterday.

He was remanded in custody to today for continuation of trial.

“I admit that I saw the children on the day in question but I deny the charges. Your
Worship, I was drunk but I was aware of everything I was doing,” said Ndlovu.

The two girls told the court that Ndlovu made them caress and kiss his manhood before
he allegedly raped them and also sodomised the boy.

They said Ndlovu gave them some money as an inducement for them to give in to his
demands but took it back after committing the offence.
The State represented by regional prosecutor Johannes Tlou alleges that Ndlovu
sexually abused the three juveniles one after the other on March 1, this year at around
5PM.

“The accused asked the three complainants to accompany him promising to give them
money. The three complainants then accompanied the accused person who led them to
a nearby house which is still under construction,” the court heard.

Tlou said while inside the house, he allegedly raped one of the girls while the other two
children watched.

Thereafter he allegedly raped the other girl before sodomising the boy.

The matter came to light when the boy complained of anal pains and revealed the assault
to his mother.

The matter was reported to the police leading to Ndlovu’s arrest.

Son gives away rapist father

June 18, 2014 Local News

Plaxcedes Hove Court Reporter

A 13 YEAR-OLD girl woke up at night to find a man on top of her while raping her.
Owen Masuku, 28, appeared before Western Commonage magistrate Maphios Moyo
charged with rape. He was not asked to plead. Prosecuting Mufaro Mageza said Masuku
had sexual intercourse with the minor without her consent. The girl had slept at
Masuku’s house following a request he made to her brother that she babysits his six
year-old son.
“Masuku forced himself on a juvenile whilst she was sleeping and had sexual
intercourse with her without her consent,” he said.

The court heard that on June 4 at around 6AM, Masuku went to the juvenile’s place
asking that she spends the night at his place with his six year-old son while he was
away.

The girl’s brother consented and the minor later went to Masuku’s house and slept with
his six year-old son.

At around 10PM, Masuku came back and proceeded to rape her and the three then spent
the whole night together. Mageza said the matter came to light when Masuku’s son told
neighbours that he had shared the same bed with his father and the girl.

“Masuku’s son told neighbours that he had slept with his father and complainant on the
same bed. The neighbours then confronted the complainant who later confessed that
she was raped and was taken to hospital leading to Masuku’s arrest,” he said.
Masuku was granted $200 bail and the case continues on June 30.

MERCY MISSION…Cops to rescue girl, 9, raped by 3 men in 12 months

June 17, 2014 Headlines, Top Stories

Auxilia Katongomara Court Reporter—

A Bulawayo magistrate has ordered police in Insuza to rescue a nine-year-old girl who
has been raped three times in a year by three different men. Regional magistrate Crispen
James Mberewere issued the order while handing out a 10-year jail sentence to 18-year-
old Simiso Tshabalala of Merryland Village in Insuza.
Tshabalala is the third rapist to be sent to Khami Prison for molesting the girl.

Last year, she was raped by her uncle and a neighbour, who were tried separately and
sent to jail.
“In assessing this case, the court found out that this girl has become a victim from men
in her village and as such, I’m ordering the officer in charge at Insuza police to take the
girl to a place of safety recommended by the department of social welfare,” said
Mberewere.

“They must also take other female children or siblings that stay under the same roof
with the victim as they’re equally vulnerable to abuse.”

Mberewere said he had been left with an impression that twisted men from the village
were queuing to abuse the girl.

The court heard that the young victim lives with her grandmother, whom the magistrate
described as unreliable because she is an inebriate who is always following beer parties.

iving her testimony, the girls’ mother, who has two other children with another man
whom she lives with at a local business centre, said her mother was an abusive drunkard
who beat up children when she was drunk.
Prosecuting, Trust Muduma told how the girl was in the company of her three-year-old
sister when Tshabalala raped her two months ago.

“On April 27, this year, the complainant was eating wild fruits on her way from a nearby
homestead. Tshabalala, who was herding cattle with his friend, Trynos, approached her
from behind, gagged and dragged her into the bush where he raped her once,” he told
the court.

The prosecutor said Trynos was on the lookout and alerted Tshabalala when a group of
passersby were approaching.

“Tshabalala’s friend, Trynos, whistled when a group of villagers went past the area to
alert his friend who then produced a knife and ordered the girl to proceed to her place
of residence without raising alarm,” he said.

The matter came to light on May 10 when the girl’s mother discovered that she was
bleeding from her privates, the court heard.

The girl was taken for medical examination at St Lukes Hospital and a report was
produced in court as evidence.

Tshabalala had pleaded not guilty, claiming the juvenile had mistaken him for
somenone else from the village.

HIV positive rapist dad jailed 20 years

June 17, 2014 Local News

Midlands Reporter

An HIV positive man from Christmas Gift plots in Gweru who raped his six-year-old
crippled daughter before threatening her with death in an attempt to conceal the incident
has been sentenced to 20 years imprisonment. Regional magistrate Morgan Nemandire
said the 32-year-old should be kept away from society for a long time.

“You displayed animal cruelty. How can one rape his own child particularly
considering your status and her condition?
“Your behaviour was idiotic, cruel and tragic at the same time. We can only be thankful
that the defenceless child you traumatised did not contract the virus,” he said.

Prosecuting, Emmanuel Matosi told the court that sometime in February this year on a
date unknown, the complainant who was staying with her grandmother visited her
parents.

Matosi told the court that the father who was diagnosed with HIV in 2010, seized the
opportunity when the complainant’s mother went to the shops leaving the child in his
custody.

The court heard that the man dragged the complainant into his bedroom and raped her
once.
He then threatened to kill her if she dared report the assault to anyone.

The matter only came to light when the girl returned to her grandmother’s house where
it was discovered that her private parts were swollen and had a creamish discharge.

Man, 38, rapes neighbour’s daughter, 6

June 16, 2014 Local News

Mpumelelo Nyoni Chronicle Reporter

AN unemployed father of three wiped a six-year-old girl’s bloodied privates with a

cloth shortly after raping her and told her to keep the shameful act a secret, a court
heard. Collen Mlalazi, 38, from Kitshi Squatter Camp on the outskirts of Bulawayo,
appeared before regional magistrate Crispen James Mberewere facing a charge of rape.

Prosecuting, Trust Mudume told how on February 23 this year, the girl was left in
Mlalazi’s custody when her mother went to church around 9AM.
“The juvenile was playing with Mlalazi’s daughter when he called her into his house
and raped her once. After raping her, he (Mlalazi) wiped her bloodied privates with a
cloth and told her not to tell anyone about the matter,” said Mudume.

The prosecutor said the incident was discovered on the same day at about 4PM when
the girl’s mother returned from church.

“Upon noticing that her daughter had difficulty in walking and was complaining of
stomach pains, she quizzed her on the matter.
“The juvenile revealed that she was raped by Mlalazi and a report was made to the
police leading to his arrest,” said Mudume.

Mlalazi pleaded not guilty to the charge and in his defence claimed the girl was raped
by a 10-year-old boy from the same camp.

Magistrate Mberewere dismissed the claim, saying a 10-year-old boy could not inflict
such damage on a girl. “The medical report shows that there was considerable damage
to the girl’s privates. Your defence is baseless as there is no way a 10-year-old boy’s
penis could inflict such damage,” said the magistrate.

“The offence you have committed is a serious one which invariably calls for
incarceration for such offenders. A deterrent sentence is therefore necessary as it sends
a message to would-be offenders. It is important that we rid society of sex pests such
as yourself.”

He sentenced him to 15 years in prison and suspended three for five years on condition
he does not within that period commit a similar crime.

Pupil, 5, admitted to hospital after rape ordeal

June 16, 2014 Local News

Leonard Ncube Victoria Falls Reporter

A FIVE-year-old girl is admitted to Tsholotsho District Hospital after being ravaged by

a 17-year-old boy in a horrific rape ordeal. Agatha Effort Ncube from Dikili Line in
Tsholotsho allegedly pounced on his unsuspecting victim on her way home from school
and gagged her with a woollen hat before raping her. She sustained serious injuries to
her genitals and has been unable to go to school for the past three days.

Ncube appeared before magistrate Abednico Ndebele on Friday charged with rape. He
was not asked to plead and was remanded in custody to Thursday this week.
Prosecuting, Leane Nkomo said Ncube used an unknown object to rip apart the girl’s
panties before raping her once in a bush.

“On June 11 at about 4PM, the complainant was going home from school in the
company of her three brothers when the accused emerged from the bush. The four
pupils ran towards home but the accused caught up with the complainant while her
brothers ran home,” Nkomo said.
She cried but no one came to her rescue as Ncube removed his woolen hat and pushed
it into her mouth to gag her. He then pushed her to the ground and laid her facing
upwards upon which he tore her pants into pieces and had sexual intercourse with her
once.”

Nkomo said the three brothers informed their grandmother who rushed to the scene but
found her granddaughter having already been raped.

She said Ncube fled from the scene when he heard the girl’s grandmother approaching
and the girl narrated her ordeal.

The grandmother led her to the police station to file a report of rape leading to Ncube’s
arrest.
The girl is doing Grade Zero at a local school and has reportedly not been going to
school for the past three days as she is admitted due to injuries she sustained from the
alleged sex attack.

The girl was referred to Tsholotsho District Hospital and a medical report produced in
court showed that she was seriously injured on her privates.

Woman implicated in sister’s rape

June 14, 2014 Local News

Sukulwenkosi Dube Plumtree Correspondent

A 26-YEAR-OLD Mangwe woman is in trouble for allegedly assisting her two

workmates to rape her 14-year-old sister.

Lebani Dube appeared before Plumtree magistrate Gideon Ruvetsa for assisting
Previous Dlakama, 23, and Mthokozisi Ndebele, 20, who work with her at a farm in
Castle Block, to rape the minor.

Dlakama and Ndebele were arrested last month and are detained at Plumtree Prison
awaiting their trial date.

The pair allegedly teamed up to rape the girl who was staying at Dube’s house when
the incident occurred in December last year.
Dube, who is denying the charge, is alleged to have invited Dhlakama and Ndebele into
her house in the middle of the night.

The three then proceeded to where her younger sister was sleeping and after she woke
her up, Dube forced her to have sexual intercourse with her two colleagues.

Prosecuting, Medica Tshuma said the minor’s elder sister invited the two men to her
house in December last year.

“Dube went into the complainant’s room where she was sleeping with her sister’s three
small children. She walked in with two men. She ordered her younger sister to strip
naked and threatened to assault her and throw her out of the house if she refused.

“She then proceeded to her own bedroom and left the two men in the complainant’s
room. They raped the complainant while the three children were sleeping,” said
Tshuma.

The prosecutor said the girl fled from her sister’s house the following morning and
sought refuge at a relative’s house.

The matter was subsequently reported to the police.

Dube was remanded in custody to June 20.

Father rapes daughter, 10, to get rich

June 14, 2014 Local News

Auxilia Katongomara Court Reporter

A BULAWAYO man who pleaded with his wife to sleep with his own daughter
claiming that it would bring an end to their problems, was yesterday sentenced to an
effective 12 years in jail for [Link] Matingo, 31, a vendor from Nketa 9 suburb,
who was facing three counts of rape, had pleaded not guilty to the charges.

But regional magistrate Crispen James Mberewere convicted him on all counts.

Passing judgment, Mberewere said rapists deserved to be removed from society for the
safety of children.
“Your case is not only criminal, but an abomination in African culture. Society
disapproves such activity and expects perverts like you to be withdrawn from it so that
children are safe,” he said.

Mberewere sentenced Matingo to 15 years imprisonment and suspended three years on

condition that he does not commit a similar offence in the next five years.

Prosecuting, Trust Mudume told the court that sometime in September last year,
Matingo told his daughter that she was now grown up and it was time she became a real
woman when they were left at home alone.

“On the same day, he then led his 10-year- old daughter to the bedroom and told her to
lie on the bed, removed her skirt and panties before raping her.

“He did this on several occasions but the juvenile did not tell her mother as she had
been threatened by the father,” Mudume said.

The court heard that Matingo would rape his daughter during his wife’s absence,
especially on Sundays when she went to the market.

Mudume said Matingo would call his daughter into his bedroom, cover her mouth with
a blanket before forcibly having sexual intercourse with her.

In her testimony, Matingo’s wife told the court that sometime last year, her husband
had asked for her permission to sleep with his daughter so that their financial problems
would go away.

At one time, the man suggested to his wife that he needed to sleep with their daughter
for their problems to go away but she refused.

Her husband was bothered so much that she consulted her fellow congregants who
expressed shock and suggested that she ask her daughter if he had not done so already.

She subsequently quizzed her daughter who initially denied sleeping with her father
and only said he sometimes fondled her.

The woman told the court that her husband’s actions came out in the open when he
locked himself in the house with his daughter while she was cooking outside.

Matingo’s wife said on the day in question, she sent her daughter to fetch water in the
house but was surprised when she did not come back prompting her to go and
investigate.

She found the main door locked, and after knocking for several times with no response
she suspected her husband was up to no good with their daughter.
She threatened to report him to the police which then led him to open the door.

The daughter later told her mother about the rape leading to Matingo’s arrest.

In his defence, Matingo said the rape charges were brought up by his wife because they
were having marital problems.

Infant, 5, admitted after youth, 17, rape

June 14, 2014 Local News

Victoria Falls Reporter

A FIVE-YEAR-OLD girl was admitted to hospital on Wednesday after being sexually

abused by a 17-year-old boy from a neighbouring [Link] magistrate
Abednico Ndebele yesterday remanded Agatha Effort Ncube from Dikili Line in
Tsholotsho in custody for allegedly pouncing on the girl while she walked home from
school with her brothers before raping her.

The court heard that Ncube emerged from the bushes and chased the pupils who were
approaching their grandmother’s homestead before dragging the Grade Zero pupil to a
nearby bush.

The girl has reportedly not been going to school for the past three days as she is admitted
due to injuries she sustained from the alleged sex attack.

Her alleged abuser was not asked to plead to a count of rape yesterday and will be back
in court next Thursday.

Prosecuting, Leane Nkomo said Ncube used an unknown object to rip apart the girl’s
panties before raping her once in a bush.

“On June 11 at about 4PM, the complainant was going home from school in the
company of her three brothers when the accused emerged from the bush. The four
pupils ran towards home but the accused caught up with the complainant while her
brothers ran home,” said the prosecutor.

The three brothers ran and informed their grandmother who rushed to the scene but was
late as her granddaughter had already been raped, the court heard.

“She cried but no one came to her rescue as Ncube removed his woollen hat and pushed
it into her mouth to gag her. He then pushed her to the ground and laid her facing
upwards upon which he tore her pants into pieces and had sexual intercourse with her
once,” added Nkomo.

She said Ncube fled from the scene when he heard the girl’s grandmother approaching.

The grandmother took her to the police station to file a report of rape leading to Ncube’s
arrest.

The girl was referred to Tsholotsho District Hospital and a medical report produced in
court showed that she was seriously injured in her privates.

Woman pleads for rapist hubby’s release

June 13, 2014 Local News

Marvelous Moyo Gwanda Correspondent

A 39-YEAR-OLD Matobo man yesterday admitted to having sexual intercourse with

his 17-year-old stepdaughter whom he allegedly [Link] man appeared before
Gwanda regional magistrate Joseph Mabeza charged with rape.

“Your Worship, my daughter came to my bedroom and I asked to have sexual

intercourse with her and she agreed. What I don’t admit is that I raped her. I only
realised that I had committed an offence when it was too late. What I did was wrong,”
he said

The suspected rapist said he was a member of a Zionist church and kept responding
“Amen, amen” when answering questions in place of “yes”.

He however, said it was difficult for him to admit being the father of his stepdaughter’s
baby because according to him she had several boyfriends. The girl insisted her
stepfather was responsible for the pregnancy.

The girl’s mother, who does not have any children with the accused person, broke down
in court as she took to the witness stand and pleaded with the magistrate to release her
husband. She made her plea after learning that her husband was facing a jail term of
not less than 15 years for allegedly raping his stepdaughter.

“Your Worship, I am pleading with you not to send my husband to jail because I don’t
have the capacity to look after his child,” she said.
Regional prosecutor Johannes Tlou told how on several occasions the accused
forcefully had sexual intercourse with his stepdaughter who was left in his custody
while her mother was away until she fell pregnant. The accused reportedly threatened
to assault the complainant if she dared reveal the rape to anyone.

However, the girl’s mother reported the matter to the police after her daughter told her
what had happened when questioned about the pregnancy.

The accused was remanded in custody to today.

MDC-T MP arrested for student rape

June 9, 2014 Headlines, Top Stories

Midlands Correspondent

Budiriro House of Assembly representative Costa Machingauta (MDC-T) was on

Saturday arraigned before Gweru magistrate courts to answer charges of raping a
Midlands State University student.

Magistrate Tendai Madanhire remanded Machingauta in custody to June 20.

He was not asked to plead and was advised to apply to the High Court for bail. The
state represented by prosecutor Calvin Guvheya said the MDC-T legislator is also
studying at the same institution in Gweru and was writing examinations.
Machingauta is alleged to have taken the complainant to Midlands Hotel where he was
booked on Thursday night.

He allegedly forced himself on the student at the hotel.

The student reported the rape at Gweru Central Police Station the following day leading
to Machingauta’s arrest.

Man rapes 6-year-old daughter

June 5, 2014 Local News

Midlands Reporter

An HIV positive man from Christmas Gift plots in Gweru allegedly raped his six-year-
old crippled daughter before threatening her with death if she dared reveal the assault
to anyone. The 32-year-old man pleaded not guilty to rape when he appeared before
regional magistrate Morgan Nemadire on Tuesday.

He was remanded in custody to next Monday for trial.

For the state, Emmanuel Matosi alleged that sometime in February this year on a date
unknown to the prosecutor, the complainant, who was staying with her grandmother,
visited her parents.

Matosi told the court that the accused, who was diagnosed HIV positive in 2010, took
advantage of his wife’s absence to rape the complainant.

The girl allegedly reported the rape to her mother when she returned but she did not
take action.

The matter only came to light when the girl returned to her grandmother’s house where
it was discovered that her private parts were swollen and that she was discharging
whitish stuff.

It was then that she narrated her ordeal to the grandmother who subsequently reported
the rape to the police.

Meanwhile, the girl’s mother baffled the court when she blasted her own mother
accusing her of attempting to wreck her marriage.

“My mother is lying and has brainwashed my daughter to cook up these frivolous
allegations. She was never raped, the doctors tested my daughter and the results came
back negative which is proof that her father did not rape her.

“My mother hates my husband and has tried numerous times to break us apart. This is
another one of her futile attempts,” fumed the complainant’s mother when she took the
witness stand.

Axe-wielding man rapes TB patient

June 3, 2014 Local News

Walter Mswazie Masvingo Correspondent

AN axe-wielding Gutu man recently ambushed a woman coming from hospital to

receive routine treatment for tuberculosis (TB) before raping [Link] Hondova,
29, of Chief Gutu area was convicted on his own plea of guilty for raping a 20-year-old
TB patient by Masvingo regional magistrate Judith Zuyu yesterday.

The magistrate slapped him with 18 years in prison of which three years were
suspended for five years on condition of good behaviour.

The prosecutor, Mukai Mutumhe said Hondova, who could have been observing the
patient’s movements for some time, emerged from behind her victim on a secluded path
armed with an axe and demanded sex on Wednesday.

In court, Hondova readily admitted to the charge and pleaded for forgiveness.

“I do not know what caused me to rape the woman. I plead for forgiveness. May the
court be lenient to me. I will never do it again,” said a remorseful Hondova.

Mutumhe said on May 28, at about 10AM, the complainant was on her way home from
Gutu Mission Hospital where she received daily injections for tuberculosis.

The court heard that upon her arrival at Mamoyo Mountain just near the hospital, she
noticed Hondova, who could have been hiding, coming from behind and decided to
give way for him to pass.

Instead of passing, he ordered the woman to stop and bend down while brandishing an
axe in his right arm.

The court further heard that the complainant denied and started screaming for help but
Hondova ordered her to keep quiet while raising his axe, threatening to strike her.

He pulled up the woman’s skirt, removed her panties and raped her once.

Afterwards, he told her to go away and not look back.

The woman then met a fellow male villager and narrated her ordeal.

The villager followed Hondova but failed to catch up with him.

A report was made to the police and the woman was referred to the hospital for medical
examination. The medical report which was produced in court as an exhibit showed
that the woman had been raped.

A manhunt was launched leading to Hondova’s arrest on the same day.

Uncles take turns to rape niece

May 31, 2014 Local News

Mpumelelo Nyoni Chronicle Reporter

TWO Hope Fountain men aged 71 and 54 years each allegedly raped their 14-year-old
niece once on separate occasions.
The complainant allegedly reported the rape to the wife of one of the rapists who instead
warned her not to divulge the assault to anyone. The crime only came to light when the
complainant reported the abuse to her headmistress who subsequently reported the case
to the police.

The two brothers have since appeared separately in court facing rape charges.

The first accused allegedly raped the girl in December 2012 while his brother allegedly
raped the same complainant in October 2013.

Prosecuting, Masimba Saruwaka said the first accused allegedly raped the complainant
when she turned down his love proposal.

He said the complainant reported the rape to the accused’s wife but she warned her
against reporting the rape to anyone.

Saruwaka said the complainant reported the rape to her headmistress who then reported
the case to the police.

In the second case the accused raped the complainant in her bedroom.

The first accused has denied ever raping the complainant but the second accused has
admitted having sexual intercourse with the complainant but claims she asked him to
deflower her to prove she was now a woman.

However, yesterday the juvenile told prosecutors in a closed interview that she was
raped by a man employed as a headboy from a neighbouring homestead.

This prompted the magistrate Sikhumbuzo Nyathi to drop the rape charge against the
second accused.

The trial continues.

Rapist sentenced 17 years

May 30, 2014 Local News

Midlands Reporter

The Gweru man who raped an 11-year-old girl has been sentenced to 17 years in prison.
Kurauone Sadzauchi, 28, of Mkoba Village Three who claimed he was having an affair
with the complainant’s mother, was convicted by regional magistrate Morgan
Nemadire due to overwhelming evidence.

Passing sentence, Nemadire had this to say: “The accused failed to provide any
evidence distancing him from the charge. Instead he seemed bent on trying to prove he
was committing adultery.

“It’s most disturbing to note that sexual molestation has become highly prevalent
particularly in the Midlands and as a court we are committed to protecting the girl
child,” he said.

Sadzauchi who was sentenced to 17 years in prison, will however, serve an effective
14 years after three years were suspended on condition that he does not commit the
same crime within the next five years.

Facts presented by prosecutor Ndamukanei Chikuni were that on December 5, last year,
the complainant’s mother sent her to Sadzauchi’s house with a bottle of Vaseline and
to collect a dollar.

The girl found Sadzauchi alone at the house and then he raped her once.
After the assault her attempted to buy her silence with a packet of biscuits and a juice.

The complainant reported the rape to her mother who subsequently told her husband
and the couple then reported the rape to the police.

Rape accused brews shocker

May 27, 2014 Local News

Midlands Reporter

A GWERU man facing a charge of raping an 11-year-old girl shocked a packed court
when he claimed he was sleeping with the victim’s mother.
The accused, Kurauone Sadzauchi, 28, of 2247 Mkoba Village 3 made the utterances
in the presence of the woman’s husband when he appeared before regional magistrate
Morgan Nemadire recently facing a charge of rape.
Sadzauchi told the court that the rape charge was a fabrication designed to “fix” him.

“I think the complainant’s father does not know what’s happening between me and his
wife. Judging by his facial expression, I think he is in the dark but the truth of the matter
is I was sleeping with his wife. I impregnated her and she had an abortion.

“She was now demanding $150 to get her womb cleaned and when I failed to give her
the money, she decided to fabricate these frivolous allegations against me,” he said to
the utter shock of the courtroom.

Rape accused brews shocker

May 27, 2014 Local News

Midlands Reporter

A GWERU man facing a charge of raping an 11-year-old girl shocked a packed court
when he claimed he was sleeping with the victim’s mother.
The accused, Kurauone Sadzauchi, 28, of 2247 Mkoba Village 3 made the utterances
in the presence of the woman’s husband when he appeared before regional magistrate
Morgan Nemadire recently facing a charge of rape.

Sadzauchi told the court that the rape charge was a fabrication designed to “fix” him.

“I think the complainant’s father does not know what’s happening between me and his
wife. Judging by his facial expression, I think he is in the dark but the truth of the matter
is I was sleeping with his wife. I impregnated her and she had an abortion.

“She was now demanding $150 to get her womb cleaned and when I failed to give her
the money, she decided to fabricate these frivolous allegations against me,” he said to
the utter shock of the courtroom.

Sadzauchi further alleged that the girl had been coached on what to say in court by the
mother as a way of getting back at him for failing to provide cash for her treatment.

“The child is only 11 years old My Lord. I am sure her mother is pushing her to say all
these things just to fix me. If she was raped on that particular day, it was definitely not
me,” he said .
Prosecuting, Chikuni told the court that on December 5, 2013, the complainant’s
mother sent her to Sadzauchi’s house with a bottle of Vaseline jelly and told her to
collect a dollar from the accused.

The court further heard that Sadzauchi who was at his house alone, locked the Grade
Seven girl in his room and proceeded to rape her before buying her silence with a packet
of biscuits and juice.

The complainant, however, rushed home and informed her mother who subsequently
told her husband.

The parents of the girl reported the matter to the police leading to Sadzauchi’s arrest.

Brother rapes 3 minor sisters

May 24, 2014 Local News

Caroline Magenga, Midlands Reporter

THE community of Lower Gweru is in shock after a 23-year-old man allegedly raped
his three minor sisters aged between nine and 11. The man, from Njini Village under
chief Bunani, was brought before Gweru regional magistrate, Morgan Nemadire, to
answer to three counts of rape. He pleaded not guilty and was remanded in custody for
continuation of trial to 28 May.

The State will seek to prove that in November 2013, on a day unknown to the court, the
three sisters went to stay at their grandmother’s residence where their brother was
residing following their mother’s death.

The four siblings’ father had remarried. The court heard that the three girls slept in the
kitchen and kept their blankets in their brother’s room. On the evening in question, they
went to collect the blankets and their brother allegedly closed the door and proceeded
to rape his nine-year-old sister once while the other two sisters were forced to watch.

On another occasion, the court heard, while the three minors were sleeping, their
brother allegedly sneaked into the kitchen where they slept and raped each of them in
turn before threatening them to keep the matter a secret.

The children claimed they told their grandmother who rubbished the reports. The matter
came to light after one of the girls confided in her teacher who had quizzed her as to
why she was limping and having difficulties in walking. The teacher immediately
reported the matter the police, leading to the man’s arrest.

Ndamuka Chikuni prosecuted.

Prophet in court over raping spree

May 24, 2014 Local News

Plaxcedes Hove Court Reporter

A self-proclaimed prophet from Bulawayo’s Trenance suburb allegedly raped two

women and four girls claiming he was cleansing them of evil spirits. Elphase Robert
Ndlovu, 42, appeared before Western Commonage magistrate Themba Chimiso facing
six counts of rape.

He pleaded guilty to the charges and told the court that some of the women had sex
with him willingly.
“I admit to the charges, I had sex with them in a bushy area but I did not force some of
them. They had sex with me willingly. They dragged me to a bushy area so that I have
sex with them,” Ndlovu said.

Chimiso remanded him in custody and advised him to apply for bail at the High Court.
Prosecuting, Whatmore Tembo said Ndlovu raped the six in a bush after claiming that
they were in need of spiritual healing.

He committed the offences on different dates.

“Ndlovu went on a raping spree claiming he was a prophet. He raped the women after
he ‘prophesied’ to them that they ate human flesh mixed with hair hence they needed
spiritual healing through sex,” Tembo said.

He said Ndlovu told one of the complainants, that she had something in her chest and
if she refused to have sex with him she was going to choke to death in three days.

“Ndlovu said the Holy Spirit had shown him that the woman had abdominal pains and
something on her chest and he would provide spiritual solutions,” he said.

The prosecutor said Ndlovu raped the two women and four girls in a bushy area between
Pumula North and the Methodist Village after spending the whole night with each of
them.
The matter came to light when his victims made a report to Pumula South police station
leading to Ndlovu’s arrest.

Epileptic girl, 12, raped

May 24, 2014 Local News

Sukulwenkosi Dube Plumtree Correspondent

A 25-year-old self proclaimed prophet raped a 12-year-old epileptic girl from

Empandeni area under the pretext of healing her. Thulani Moyo yesterday appeared
before Plumtree magistrate, Gideon Ruvetsa facing rape charges and was remanded in
custody to May 6. Moyo is alleged to have approached the girl’s family two weeks ago
under the pretext that he could make his victim walk again.

Prosecuting, Medica Tshuma said the alleged rapist ordered the girl not to report the
matter, but she told her aunt the following day leading to his arrest.

“The accused person summoned the complainant, who is epileptic, into his room on 21
May and claimed that he wanted to heal her. He removed her clothes and raped her
once. He returned her to her bedroom hut afterwards and ordered her to remain quiet
about the incident,” said Tshuma

In an interview, the juvenile’s grandmother told Chronicle that Moyo had promised to
“cleanse” the whole family saying the girl was bewitched.

She said on the day the offence was committed, Moyo told the family that he had to
conduct the healing process overnight while alone with his would be victim and was
granted permission to proceed with the alleged prayer session.

‘’He then offered to help as he said he was prophet. He told us that our daughter had
been bewitched and promised to cleanse her and the whole family,’’ the grandmother
said.

The area’s headman, Misheck Ncube, said in an interview that Moyo was an impostor
who had managed to fool a number of people in the area.

“He came to our area under the pretext of being a prophet. It is important for people to
be careful when strangers approach them offering assistance. This man pretended to be
a prophet but he did not have any documents to prove who he said he was.
‘’He is inhumane and I wonder where he got the courage to rape a child in a
wheelchair,’’ he said.

Girl, 9, raped thrice

May 23, 2014 Local News

Mpumelelo Nyoni Chronicle Reporter

A NINE-year-old girl from Insuza under Headman Jefry Masuku in Matabeleland

North has been raped thrice by three men since last year. This was revealed when
Simiso Tshabalala, 18, appeared before Bulawayo provincial magistrate Crispen
Mberewere facing a charge of rape.

Prosecuting, Trust Muduma told the court that the girl was in the company of her three-
year-old sister when Tshabalala raped her.

“On April 27 this year the complainant was eating wild fruits on her way from a nearby
homestead. Tshabalala, who was herding cattle with his friend Trynos, dragged her into
the bush, leaving her sister behind.

“He then forced her to lie down facing upwards and removed her pants. He then closed
her mouth, unzipped and lowered his trousers and raped her once,” said Muduma.

The prosecutor said Trynos was on the lookout and alerted Tshabalala when a group of
passersby came near.

“The accused’s friend, a Trynos whistled when a group of villagers went past the area
to alert Tshabalala who then produced a knife and ordered the girl to proceed to her
place of residence,” he said.

Last year, the girl was also raped by her uncle and a neighbour who were both juveniles
at the time. Muduma said the two were convicted and are serving their sentences at
Khami Prison.

He said the girl lives with her grandmother.

“The complainant lives with her grandmother who is seldom at home. Her father went
away when she was young and her mother has two other children with another man
whom she lives with in the business centre.

“As a result she is easy prey to potential rapists as one of the boys who raped her was
friends with Tshabalala,” he said.

The girl did not tell anyone about the matter and it only came to light on May 10 when
she and her friends were bathing in a nearby stream.

One of them noticed that she was bleeding from her genitals and quizzed her, resulting
in the matter coming to light.

Her friend told her grandfather and a meeting of elders in the area was convened. A
report was later made leading to Tshabalala’s arrest.

Mberewere is expected to deliver his judgment on May 29.

Rape prophet jailed 18 years

May 23, 2014 Local News

Midlands Reporter

A Gweru regional magistrate yesterday sentenced a self-proclaimed prophet and leader

of an apostolic sect to 18 years in prison for raping a congregant. Wellington Lawa, 34,
of 4958 Mkoba Village 11, will, however, serve an effective 15 years after regional
magistrate Morgan Nemadire suspended three years for five years on condition of good
behaviour.

Passing the sentence, Nemadire said: “The sentence is justified in its severity because
the act of rape is ugly disrespect and disregard for a woman’s privacy that not only
affects the victim physically but emotionally and psychologically as well. It is moreover
disheartening when our men of the cloth who are supposed to be leaders take advantage
of the faith, respect and commitment of their congregation, hence such callousness has
to be effectively dealt with by the courts who are the custodians and executioners of
justice.”

Rape prophet jailed 18 years

May 23, 2014 Local News

Midlands Reporter

A Gweru regional magistrate yesterday sentenced a self-proclaimed prophet and leader

of an apostolic sect to 18 years in prison for raping a congregant. Wellington Lawa, 34,
of 4958 Mkoba Village 11, will, however, serve an effective 15 years after regional
magistrate Morgan Nemadire suspended three years for five years on condition of good
behaviour.

Passing the sentence, Nemadire said: “The sentence is justified in its severity because
the act of rape is ugly disrespect and disregard for a woman’s privacy that not only
affects the victim physically but emotionally and psychologically as well. It is moreover
disheartening when our men of the cloth who are supposed to be leaders take advantage
of the faith, respect and commitment of their congregation, hence such callousness has
to be effectively dealt with by the courts who are the custodians and executioners of
justice.”

Prosecutor Emmanuel Matosi told the court that on June 5 in 2008, Lawa who serves
as a prophet at Chiratidzo Chitsva Apostolic sect went to visit the complainant who was
a member of the same church.

The complainant, whose husband works outside the city, was alone with her daughter
when the faith healer and church leader visited her.

The woman sent her daughter to the shops to buy bread so that she could prepare tea
for him.

Lawa immediately seized the opportunity and proceeded to rape the complainant once.

The complainant told the court that Lawa threatened to cast a spell on her and send
goblins to harass her if she divulged the rape incident.

However, the complainant was only able to gather the courage to tell her husband two
months down the line after he had asked her why she had stopped attending church
services.

The complainant’s husband reported the matter to the police leading to Lawa’s arrest.

Suspected teenage rapist nabbed

May 23, 2014 Local News

Sukulwenkosi Dube Plumtree Correspondent

Police have arrested a 16-year-old school drop-out from Bulilima District for allegedly
raping two juveniles at knife point. Officer commanding police in Buililima-Mangwe
District, Chief Superintendent Macdonald Samuriwo, said Hilson Sibindi pounced on
the two unsuspecting victims on their way from school on Tuesday and produced a
knife.

“We have a case of two girls who were raped while they were coming from school.
They have identified Hilson, a boy from their area as the suspect but he is denying
having raped them,” said Chief Supt Samuriwo.

“The two girls said they met the boy in a bushy area near Ndiweni Business Centre and
he force-marched them to a bridge where he raped each of them once.”

Chief Supt Samuriwo said the juvenile first raped the 10-year-old while the younger
girl watched helplessly after ordering her not to leave and went on to rape her also.

The two girls are pupils at Thekwane Primary School.

Chief Supt Samuriwo said Hilson turned villain a few minutes after offering to
accompany the girls as they were going the same direction.

He said when they came to a bridge the lad ordered his victims to go under it and raped
them.

Chief Supt Samuriwo said some villagers came to the girls’ rescue after hearing them
screaming resulting in Hilson taking to his heels.

The villagers tried to give chase but he disappeared into the bushes and they escorted
the girls to their homesteads.

A police report was made resulting in the boy’s arrest.

Blind man nabbed for niece’s rape

May 22, 2014 Local News

Victoria Falls Reporter

Police are holding a blind man who is alleged to have raped his sister’s 12-year-old
daughter while on their way to church.

The two are from BH 28 under Chief Mvuthu, about 20km outside Victoria Falls
[Link] is said the uncle turned rapist on Sunday evening at a bush on their way to a
church service. The girl was escorting the uncle when he allegedly pounced on her.

Matabeleland North police spokesperson Inspector Siphiwe Makonese said police have
since arrested the man.

“A blind man was on his way to church being escorted by his niece, 12, and on the way
he tripped her before raping her once,” said Insp Makonese.

She said the girl did not tell anyone about the alleged rape but her alert headmaster
noticed that she was having some difficulty in walking on Monday.

A report was made to the police leading to the man’s arrest.

Prophet convicted of raping congregant

May 22, 2014 Local News

Midlands Reporter

A self-proclaimed polygamous prophet from an apostolic sect in Gweru has been

convicted of raping a member’s wife.

Wellington Lawa, 34, of 4958 Mkoba 11 who is a prophet at Chiratidzo Chitsva

Apostolic sect had pleaded not guilty to the charge arguing that the two were having an
affair.

Regional magistrate Morgan Nemadire however, convicted Lawa of rape due to

overwhelming evidence.

Prosecuting, Emmanuel Matosi said on June 5, 2008 at around 3PM, Lawa visited the
complainant, 36, at her place in Mkoba Village 19.

He was received warmly by the complainant who quickly dispatched her daughter to
the shops to buy bread while she prepared tea for the church leader.
As soon as the girl left the house, Lawa jumped on the woman while in the lounge and
proceeded to rape her once.

His ungodly act was, however, interrupted by the girl’s untimely return forcing the
disgraced church leader to flee.

Lawa threatened to cast a spell on the complainant as well as send goblins to harass her
if she dared report the rape to anyone.

The complainant only gathered the courage to break the silence after her husband
started grilling her over why she had stopped attending church.

The woman’s husband then reported the rape to the police leading to Lawa’s arrest.

Man, 38, rapes brother’s girlfriend, 15

May 22, 2014 Top Stories

Mpumelelo Nyoni Chronicle Reporter

A 38-YEAR-OLD Tsholotsho man allegedly raped his younger brother’s 15-year-old

girlfriend.

Magala Dube of Mswiliswili area under Chief Hobodo appeared before Bulawayo
magistrate Sibongile Msipa facing two counts of [Link] allegedly raped the girl
when her boyfriend left for South Africa.

Prosecuting Alondoloziwe Sitsha said sometime in January this year Dube pounced on
the girl while she was herding goats and raped her once.

The following month the complainant came to Dube’s homestead looking for her
family’s donkeys and he dragged her into his bedroom where he again raped her once.

After the second rape, the complainant reported the assault to her aunt.

The aunt then reported the matter to the police leading to Dube’s arrest.

He was remanded in custody to June 4 when his trial is expected to start.

Mud prophet jailed for rape

May 17, 2014 Local News

Auxilia Katongomara Court Reporter

A self proclaimed prophet who claimed God sent him to heal women with his penis has
been sentenced to 17 years in prison for raping his married neighbour.
Lungile Ncube, 32, of Worringham in Bulawayo lured his victim into believing that he
received a vision on how to cure her of stomach pains by having sexual intercourse
with her.

In passing sentence, Bulawayo regional magistrate Sikhumbuzo Nyathi said cases of

sexual abuse by prophets and church leaders had become a cause for concern and
culprits deserved lengthy jail terms.

“It is aggravating that the accused abused his position of trust over a complainant who
was his usual client and close neighbour.

“The courts have on numerous occasions come across unscrupulous prophets and
church leaders who abuse women and girls who come to them for help and will not
hesitate to give such people lengthy jail sentences to keep them away from society,”
said Nyathi.

Ncube was sentenced to 17 years imprisonment, three of which were suspended for five
years on condition that the he does not commit a similar offence.

Nyathi made reference to the infamous jailed cleric Robert Gumbura who is serving a
40 year jail term over a string of rape cases.

“Women face a number of challenges and turn to spiritual healers for help but it is
saddening that some of them have fallen prey to dishonest prophets who abuse them,”
Nyathi said.

He said what was disturbing was that most women do not report rape cases because of
the stigma attached to it.

“Society stigmatises them but reporting such people will help remove these rogue
characters from the community,” saisd Nyathi.

Prosecuting, Masimba Saruwaka, told the court how on January 28, shortly after 7PM,
Ncube called the woman to his house and claimed to be a prophet who had received a
vision about her stomach pains.
He went on to counsel the woman, telling her that he could help as his vision came with
a solution and she believed him.

Ncube then ordered her to drink warm water with salt and she also complied.

She was later told to take off her clothes and was given a blanket to cover her body.
After a few minutes, Ncube returned with a bucket containing a mixture of soil and
water and ordered the woman to lie down.

He smeared the mud on her breasts and went on to smear her hips and in the middle of
the act, he raped the woman once.

“When she asked what he was doing, Ncube told the woman that it was part of the
healing to have sex with her as instructed in his vision and added that she was lucky as
sometimes he had to continue with the act till she reaches climax,” said Saruwaka.

In mitigation, Ncube who was employed as a farm worker, pleaded for a lesser sentence
saying he was a widower with two children aged seven and 10.

He told the court that he was a bread winner and his aged mother could not afford to
send the children to school.

3 more arrested for rape concealment

May 16, 2014 Local News

Plaxcedes Hove Court Reporter

Prosecutors have charged three brothers with obstructing the course of justice for
concealing the rape of a teenager by a relative.

Patrick Phiri, of Nkulumane, committed suicide last week as police moved to arrest him
over the sustained sex abuse of the girl, now 16.

The victim later gave birth to Phiri’s baby – but the tot was immediately taken away
from her and was presumed dead until yesterday when it was claimed she was still alive.
The Phiri brothers — Liveson, 54, Obert, 43, and Mkula, 40, — appeared before
Western Commonage magistrate Maphios Moyo yesterday to deny charges of
obstructing the course of justice.

Prosecutors say the trio, during a family meeting, were told that their brother, Patrick,
had raped their niece but resolved to conceal the matter.

Prosecuting, Tatenda Dakwa said the three were related to Violet Tembo and
Sibusisiwe Nzima who were each jailed for nine months on Tuesday for their part in
the cover up.

He told court that the trio held a family meeting at their brother’s house in Nkulumane
soon after discovering that the teenager had fallen pregnant sometime in 2012.

They held a family meeting at Nkulumane in the presence of Tembo and Nzima where
they then agreed that Patrick pays $100 a month to Tembo [who was to take custody of
the victim]. Patrick started paying the money soon after the elders had agreed,” said
Dakwa.

The rape victim later gave birth to a baby who was then immediately taken to Esigodini
by Nzima, who said it was part of the family agreement to do so.
The victim was later told that her baby had died in a bus due to discomfort from a
rugged road and was taken to Esigodini Hospital for cremation.

Nzima, who took the witness stand in yesterday’s trial, recanted her testimony on
Tuesday during which she said the baby had died. “The baby might be alive at a
homestead in Esigodini, but I don’t know which home exactly. The person who knows
about the baby is Patrick who committed suicide,” she said.

The rape victim, who was also in court, said: “I’m confused now. I don’t know what
really happened to my baby, whether she’s actually dead or alive somewhere. This case
is really messing with my head.”

The Phiri brothers pleaded not guilty to the charge.

Obert told the magistrate: “We don’t know anything about the rape or any meetings.
We only heard through the Chronicle newspaper that our brother was a rapist.”
Their trial continues on Monday next week.

‘Your manhood is the problem’, grandma lashes out at suspected rapist

May 16, 2014 Local News

Leonard Ncube Victoria Falls Reporter

“THE problem is your manhood.”

These were the words of the great grandmother, 87, of a juvenile rape victim as she
lashed at the suspect, 40, during cross examination at a Hwange Court.
“I am not the problem here,” she charged. “The problem is your manhood, which
caused you to rape the child. I am angry with you and if you fire at me I will return the
fire.”

The court heard that the alleged rapist, who comes from Chezhou area, was the girl’s
stepfather. The man appeared before Hwange regional magistrate Dambudzo Malunga
charged with one count of rape.

He pleaded not guilty to the crime and alleged that his wife’s family laid the charges in
order to fix him.

“The complainant’s grandfather was not amused when I married his daughter since I
once stole his goats and this is his way of fixing me,” said the suspect in defence.

Prosecutors say the girl, who is doing Grade Seven at a local school, opened up about
the alleged rape to the police after her maternal relatives reported the matter to the
police when she complained that her stepfather had assaulted her for refusing to share
a bed with him.

Prosecuting, Bheki Tshabalala said on March 14 this year, the man took advantage of
his wife’s absence and forced the little girl onto his bed where he raped her once after
threatening to stab her. He allegedly gave her $2 to silence her.

Tshabalala said the girl went to school on the following morning and on her way back
passed through her great grandmother’s place where she disclosed that her stepfather
had assaulted her for refusing to join him in bed.

The matter was reported to the police leading to the man’s arrest.
The case continues on May 21, the State will summon the girl’s grandfather and the
investigating officer.

Rape conspiracy women jailed

May 14, 2014 Local News

Nqobile Tshili Chronicle Reporter

TWO Bulawayo women who concealed their minor cousin’s rape in exchange for
bribes from the alleged rapist will languish in prison for the next nine months for
obstructing the course of justice. The two, who cannot be named to protect the victim’s
identity, were yesterday sentenced to 12 months in prison.

Three months were suspended on condition that they do not commit a similar offence
in the next five years.

They had earlier pleaded guilty to obstructing the course of justice after they failed to
report the crime in exchange for $100 monthly payments from Patrick Phiri, 61 the man
accused of abusing the girl.

Phiri committed suicide last week on Wednesday when he learned that the police had
launched an investigation into the matter.

Passing sentence, magistrate Temba Chimiso said the two had a duty to protect the child
but acted out of greed and allowed the abuse to continue.

“The victim expected the accused to protect and not to exploit her by accepting money
from the offender.

“I find a deterrent sentence appropriate as it would discourage the abuse of the girl-
child,” he said.

The magistrate said the court was lenient to them as they were both first time offenders
who did not waste the court’s time by pleading guilty.

In mitigation, the pair claimed that they were not gainfully employed and regarded the
payments as income.

Representing the State, Whatmore Tembo said Phiri had been abusing his niece since
2009 when she was 11 years old resulting in her falling pregnant in 2012.

After the complainant gave birth, one of the jailed women took her baby away and
claimed that the child later died and was incinerated.
Phiri allegedly paid them not to disclose the rape.

2 women take $100 monthly payment to conceal rape of minor

May 13, 2014 Headlines, Top Stories

Plaxcedes Hove Court Reporter—

TWO Bulawayo women concealed their minor cousin’s rape in return for $100 monthly
payments offered by a 61-year-old man who committed suicide last week as police
closed in on him for impregnating the victim. The two, who cannot be named for legal
reasons, appeared before Western Commonage magistrate Maphios Moyo facing
charges of obstructing the course of justice. The court heard that on an unknown date
in 2012, Patrick Phiri of Nkulumane suburb had sexual intercourse on several occasions
with the complainant – who is his niece – without her consent.

The 15-year-old girl informed the two women who are her relatives about the rape but
they swept the matter under the carpet in exchange for $100 monthly payments offered
by Phiri that they shared.

The duration of the time the pair received the payments as inducements was, however,
not immediately not clear.

Prosecuting, Whatmore Tembo said the complainant fell pregnant due to the rape and
was taken to Mpilo hospital to give birth.

As an attempt to cover up for Phiri, the juvenile’s accused relatives lied to hospital
authorities that they did not know the man who had impregnated her.

“When complainant went to the hospital the accused persons told the nurses at the
hospital that she was impregnated by an unknown man suspected to be in South Africa
hiding the case of rape by their uncle,” Tembo said.

The court also heard that after the juvenile gave birth, one of the accused women took
the baby to Esigodini, her rural home.

She later claimed that the baby had died on the way and was later incinerated, a claim
that she still stands by.
Tembo said the complainant did not see her child after birth and until now she does not
know exactly what really transpired.

“The juvenile did not see her child after she gave birth for (accused) had taken away
the child to Esigodini. She does not know where the child is and even now no one seems
to know if the baby really died,” he said.

The accused persons pleaded guilty to the charge that was levelled against them.
They were remanded in custody and will be sentenced today.

‘I thought he was my hubby’

May 10, 2014 Top Stories

Patrick Chitumba Senior Reporter

Residents of Chibila Compound in Binga are still reeling in shock after a 21-year-old
daring man Alfa Mutale took advantage of the absence of his neighbour and the cover
of darkness to sneak into the blankets of his neighbour’s wife — Risk Chigazya — and
attempted to rape her.

Thinking it was her husband who had returned Chigazya begun to respond by caressing
Mutale’s manhood and it was only when she turned to kiss him that she touched his
head to discover that it wasn’t him.

Mutale who pleaded guilty when he appeared before Binga resident magistrate, Stephen
Ndlovu on Thursday was lucky when he was charged with indecent assault instead of
attempted rape.

He was sentenced to six months for unlawful entry and a further 24 months for indecent
assault. Chigazya told the court that she thought it was her husband who had returned.

Prosecutor Bruce Maphosa told the court that on April 14, at around 3AM, Mutale woke
up and walked to a nearby hut in the compound where Chigazya was sleeping with her
12-year-old relative.

Mutale opened the door which was not locked and slipped into Chigazya’s blankets.

He started caressing Chigazya’s breasts and buttocks.

Thinking it was her husband who had returned she begun to respond by caressing his
manhood.

As the scene heightened she turned to kiss him but stopped when she touched his head
only to make a shocking discovery that the man she was about make love to wasn’t her
husband. Chigazya screamed and shouted to her relative to close the door as there was
an intruder. The relative who was sleeping next to the door rushed out before locking
the door from outside.

The two started screaming for help waking up the whole compound resulting in
Mutale’s apprehension.

Mutale shocked the court when he claimed that he was drunk and was not aware of his
actions.

Woman leaves niece, 16, at rapists mercy

May 9, 2014 Local News

Auxilia Katongomara Court Reporter

A BULAWAYO woman yesterday brought the court to tears when she narrated how
she locked herself in a room together with her 36-year-old daughter while a knife
wielding intruder raped her 16 year-old niece in the same [Link] was heard when
Paul Mafuwe, 27, of house number 30668 Entumbane appeared before Bulawayo
magistrate Chris Mberewere facing three counts of rape, robbery and unlawful entry.

Testifying against Mafuwe, a tout, the complainant’s aunt (name withheld) said the
accused broke into their house in the wee hours of the morning and was awakened by
her niece’s scream.

“I woke up swiftly to check on what was going on and I proceeded to the sitting room
where I saw the accused holding a knife, pointing at my niece.

“He instantly produced a stone and hit me forcing me to retreat to my bedroom and lock
the doors fearing for my life,” she said.

The gallery roared in disbelief and the seemingly shocked magistrate asked how two
grown up women could lock themselves up in a room when a juvenile was being
attacked by a stranger and fail to come up with a means to protect her to which the aunt
replied: “I tried calling our neighbours’ numbers but they were all not going through.
Even the police numbers we were given to call in times of trouble were not reachable.”

rosecuting, Trust Muduma told the court that at around 3AM the accused broke into the
complainant’s place and raped her once.

“He force marched her to the lounge and ordered her to sit on the sofa while pointing a
knife at her and went on top of her,” said Muduma.

Muduma told the court that the complainant screamed, awakening her aunt who dashed
to find out what was happening and found the accused pointing a knife at her niece.

“The accused then unzipped his trousers and had sexual intercourse with the
complainant without protection and demanded $100 from her,” added Muduma.

Mafuwe allegedly threatened to kill the complainant and ordered her to get the money
from her aunt.

After failing to get the money, Mafuwe picked up a handbag which contained new
panties before disappearing into the darkness.

The matter was reported to Entumbane Police Station and a medical examination
conducted.

The court heard that later that day, the complainant boarded a commuter omnibus
together with the accused who sat close to her.

The complainant identified her attacker by the woollen hat he was wearing and his body
odour.

She then notified her aunt who took the vehicles’ number plate and reported the matter
to the police leading to his arrest.

The accused pleaded not guilty to the charges and said the hat he was wearing belonged
to a friend.

Mafuwe was remanded out of custody and the trial continues today.

Egodini touts rape girl, 13

May 7, 2014 Local News

Arthur Madebe

Mpumelelo Nyoni Chronicle Reporter

A 13-YEAR-OLD girl was allegedly raped by four touts in kombis at Basch Street bus
terminus, also called Egodini, on several occasions.

Arthur Madebe, 18, who was dragged to court yesterday facing charges of having sex
with a minor, made the shocking revelation before a Bulawayo magistrate.

The court heard how on a date unknown but sometime in March this year, Madebe, a
tout and the girl met at Egodini. The driver parked his kombi and left the two alone.
The two then had sexual intercourse once.

The matter came to light after the girl’s uncle, also a kombi tout, informed the girl’s
mother of the relationship, leading to Madebe’s arrest.

In his defence, Madebe told the court that the girl had on several occasions slept with
four other touts in different kombis on several occasions. He narrated how the girl had
been caught on several occasions with other touts.

“Like I said before, your daughter cannot turn down proposals made by other men. She
has been caught on several occasions in different kombis having sexual intercourse.

“She was caught with Moses, Bhawu, Vusa, Nqobile and several other men long before
she and I became emotionally involved. Even her uncle once caught her sleeping with
a tout. You can even ask him if I am lying or not,” said Madebe.

He said he was in a relationship with the girl but did not have sex with her.

The girl’s mother however, poured cold water on Madebe’s revelations.

“I have seen several touts at Egodini and there is no way they can see a small child as
a full grown woman. My child told me that you are her boyfriend and that you had
sexual intercourse with her. The doctor’s note also proves that she is no longer a virgin,”
said the girl’s mother.

Madebe was remanded out of custody and his trial continues today.
Man, 57, offers girl, 6, money for sex

May 2, 2014 Headlines, Top Stories

Auxilia Katongomara Court Reporter

A 57-year-old Bulawayo man who thought he could have a six-year-old for a girlfriend,
was yesterday sentenced to 40 years behind bars. Ndola Gwebu, a father of three from
Mzilikazi suburb, will effectively serve 25 years for performing a crude, indecent act
on a neighbour’s child whom he forced to suck his manhood while he inserted a finger
in her privates and raping the girl’s sister aged 13.
Gwebu pleaded guilty to two counts of indecent assault and rape and was duly
convicted.

Announcing his judgement yesterday, regional magistrate Chris Mberewere, said cases
of child abuse were on the increase and Gwebu’s sentence was meant to send a clear
message to would-be rapists.

“This court finds you guilty as charged and you are sentenced to 25 years imprisonment
for two counts of indecent assault and to 15 years imprisonment for rape. Of the total
40 years of your sentence, 15 years have been suspended for five years on condition
you do not commit similar offences,” said Mberewere.

Prosecuting, Trust Mudume said on a date unknown, between November 2013 and
January 2014, the accused called the two complainants into his house on separate
occasions and committed the crimes.

He said Gwebu called the first complainant, who is aged six, into his house and told her
that he wanted to have sex with her in exchange for money.

Gwebu told the girl to suck his manhood. For the second count he allegedly inserted a
finger in the complainant’s privates.

Mudume said Gwebu gave the girl $1 and lied to her that it was a $5 note and she went
home.

Gwebu also raped the second complainant in a separate incident.

“The matter came to light when the two reported the matter to their parents leading to
the accused’s arrest,” said the prosecutor.
In his defence, Gwebu said he knew the second complainant as a young neighbour as
she used to visit him at his house.

According to him, she used to spend most of her time at his house but he denied raping
her.

He told the court that he asked the girl if she had turned down his proposal to have sex
because of his HIV status and claimed that the girl suggested that they could have sex
during her menstrual cycle on condition that they used protection.

He added that later the complainant brought with her a younger relative and suggested
to him that she could be his girlfriend.

He said he was surprised when the complainants reported him leading to his arrest after
being silent since November last year and suggested that the complainants were
influenced by their parents.

In mitigation, Gwebu, a pensioner, asked for a lesser sentence saying he was a married
man with three children aged 22, 25 and 18 and is the breadwinner in his family.

Rapist uncle to serve 12 years

May 2, 2014 Local News

Auxilia Katongomara Court Reporter

Efforts by parents of a 23-year-old Nkayi man to save him from being incarcerated have
hit a brick wall after he was slapped with a 12-year jail sentence for raping his niece.
Lastboy Tshuma had pleaded not guilty to three counts of rape, but his defence had too
many loopholes that left the court convinced that he indeed committed the crime.

His juvenile victim, who was seven at the time of abuse in 2010, told the court that her
grandparents had ordered her not to report the crime in exchange for wild fruits
(umkhuna).

In passing judgment, regional magistrate Chris Mberewere said the courts were
working hand in glove with society in weeding out unruly characters who abused
children.
“There is always an outcry whenever a girl child is abused and the court shares and will
express society’s indignation at the rape of yet another child especially those left in the
custody of a trusted relative.

“The courts can do no more than add to the efforts being made and the most important
thing is to remove such people from society,” said Mberewere.

Tshuma was sentenced to 17 years imprisonment and will serve an effective 12 years
after five were suspended on condition that he does not commit a similar offence.

Prosecuting, Trust Mudume told the court that the matter came to light after the juvenile
reported the matter to her teacher.

He said the teacher took the complainant to the school head and a report was made to
police, leading to Tshuma’s arrest.

The court heard that on the first count sometime in 2010 the accused lured the girl to a
bushy area to fetch wild fruits and raped her once.

“On the second count, sometime in July 2011, Tshuma followed the complainant while
she was on her way to fetch water. He caught up with her and grabbed her by her hand
before pushing her to the ground, removing her pant before raping her,” he said.

On the third count, sometime in August 2011, the accused met the complainant while
she was coming from the river and raped her.

He ordered her to put down her bucket and ordered her to follow him to a bushy area
where he raped her once.

Tshuma denied committing the crime claiming that he was in South Africa during the
time when the crime is said to have been committed, but failed to produce travel
documents to substantiate his claim.

He said: “I did not commit the crime because I was in South Africa in 2011. She is
mistaking me for another uncle who raped her. In fact I only learnt of the crime on
2013 on my return from South Africa”.

Tshuma told the court in mitigation that he is married with a seven-month-old baby,
jobless and had only two beasts but was sent to jail regardless.