…As community threatens mob justice on rape suspect
…Village head pleads for immediate intervention before situation goes out of hand

By Brighton Chiseva

The case of a rape victim who died before her case was finalized by the courts has torched a storm in Chivi district, with the community threatening to mete instant justice to the rape suspect who is freely roaming the village, a development which forced the police to start fresh investigations.
Sources told TellZim News that police from Chivi district are now reinvestigating, interviewing key witnesses to the rape case which involved a 14-year-old girl who died mysteriously a few months after the incident; after the community registered its displeasure over the manner the whole case was handled.
The victim’s death resulted in the main suspect going scot-free as she died only after an initial appearance at the court. Members of the community, however are having none of it, as they are threatening to take the matter into their own hands.
Masvingo Provincial Police spokesperson Inspector Kudakwashe Dhewa could not comment on the matter as was yet to get an update from the police in Chivi.
Village head Enock Shonhiwa confirmed the incident and pleaded with the relevant authorities to intervene before the situation goes out of hand.
“The situation is tense; I am pleading with the authorities to intervene before the situation goes out of hand. There is need to facilitate dialogue to ensure that peace is maintained,” he said.
Sources said after the death of the victim, the suspect confined himself at home and did not interact with anyone until the village head called for a meeting to try and address the matter.
“Our kids are afraid to pass by the suspect’s house or even meet him in the village, notwithstanding women who are also living in fear. As a community we are so angry and bitter; everyone was disturbed after learning how the matter was put to rest when we all know that he confessed raping the victim.
“We all know that he raped the girl. He confessed in front of everyone after he was summoned by the village head who asked him why he was isolating himself from the community. He then said he wanted to ask for forgiveness from the victim’s grandmother who happens to be his relative.
“The village head asked him what he had done and he confessed saying he had slept with a minor child. From then he started attending meetings but if he ever tries to make any contribution there will be noise of disagreement from the crowd,” said a villager who declined to be named.
Shonhiwa could neither confirm nor deny that the accused confessed but rather said it was true that he called for a meeting to try and unite people in the community who are baying for the accused’s blood.
“When the incident happened I was not there, when I later came back I discovered there was a tense situation in the village and I called for a meeting to try and defuse the situation, through which I urged the community to respect the law and accept him as one of theirs and now he can attend some meetings.
“However, I now fear for his safety because people are angry; who knows what one may think? I also feel for the aggrieved family and the authorities should help bring closure because they are failing to take it up,” said Shonhiwa.
Another source said it was not the first time the accused was involved in similar issues as he was once summoned and cautioned by the traditional leader for having an illicit affair with his nephew’s wife.
The accused is said to be living alone as his wife lives in South Africa where she works, and does not frequent home.
“The guy does not stay with his wife as she is based in South Africa and rarely comes home. He had an incident last year where he was accused of having an affair with his nephew’s wife and the matter was heard at the village head’s court so we never suspected that he could commit an offence of a similar nature,” said the source.
Emerging details also indicate that there was a key witness in the matter, with the family of the witness now living in fear due to the circumstances surrounding the victim’s death.
“There is a key witness in this whole issue who saw what happened but now the family is living with uncertainty fearing that the witness may face the same predicament as the victim,” said another villager.
The villager however said some police officers visited the witness’s father after this publication wrote the story, saying they had been sent to further investigate, which could be a ray of hope for the aggrieved family, although veiled in uncertainty as to how the matter will proceed.
Circumstances are that, on the fateful day, the late Andile Mupedzi came back from school and went to the accused’s place, which is a few hundred metres from her grandmother’s place to get some lemons since she had a cold. Upon arrival, the accused instructed her to go into his house to collect keys to his garden where the lemons were after which he followed her and raped her.
She then went back home where she narrated the ordeal to her elder sister who told their grandmother. The whole family was then notified, during which the accused was present. He is said to have been recorded admitting to the crime, also offering to compensate the victim’s family, but the grandmother refused, insisting that they report the matter to the police.
The perpetrator was later arrested but came back home a few days later after being granted bail.
The matter was allegedly supposed to continue by way of summons but the deceased’s family claims that the court dates kept on shifting from then until February this year when they were told that they were going to attend court on February 6, which was again postponed to a later date in the month.
The family said they suspect that the accused had something to do with the demise of the victim saying her illness was so sudden and drastic as she got worse within two days and sadly succumbed to the illness which had caused her to start bedwetting in her last days.
They also claim that the day before she died, she bled from the nose most of the day and the doctor who was supposed to do a post-mortem at Chivi Hospital had to refer the body to Masvingo where the autopsy was done by a police doctor.
The grieving family has in their possession documents that they believe could also be used as proof of what had happened to Andile, including the medical report that proved she was raped, documents that they availed to this publication.
Masvingo-based lawyer Advocate Collen Maboke earlier told TellZim News that at law when the victim dies, the case will be closed because there will be no one to testify unless there is extra evidence that could be used to prove the case beyond reasonable doubt.
“If the victim dies then the case will be closed unless if the victim had testified in court and dies before the case is finalized where the magistrate or judge will use the testimony. It can also continue if there is extra evidence that the accused committed the crime,” said Maboke.
His sentiments were echoed by Advocate Yolanda Chandata who said if the victim dies before the matter is heard then there won’t be anyone to testify so the case is then closed.

By Beverly Bizeki

Weeks of tension, uncertainty, and restlessness for nine Mushandike villagers who were facing eviction from their homes of more than 20 years under the just-ended ‘Operation Order No To Land Barons’ have been put to a halt after the group had the eviction order revoked at the High Court in Masvingo on March 28, 2024.
The appellants, Simplisiyo Mugorongi, Wetsi Chibamure, Gladys Mugorongi, Thomas Dzimbanhete, Dzingira Chipatiso, Tazvivinga Chipatiso, Lameck Makanda, and Farai Tauya are lucky to be spending the Easter holidays in their homes while waiting for the hearing of an appeal against conviction and sentence to be heard at the High Court in Masvingo during the second term of the High Court.
The appellants earlier appeared at Masvingo Magistrates’ Court facing charges of occupying gazetted land without lawful authority. They were convicted after a full trial on February 13, and were sentenced to three months imprisonment wholly suspended on conditions of good behavior and were ordered to vacate the land in question on or before March 31, 2024.
The group was not satisfied with the sentence and through their lawyer Yolander Chandata, filed for an appeal at the magistrate’s court where the matter was further turned down with the court saying the appellants were illegal settlers and the notice period was reasonable enough.
The matter was further taken to the High Court where an appeal was made on March 26 and the matter was set to be heard on March 28 since it was urgent.
The matter appeared before Justice Sunsley Zisengwe based on the ruling of the magistrate to the effect that the nine appellants were illegal settlers because they did not have the required paperwork which is the permit, lease, or offer letter.
They argued that the court had erred in that the appellants were not illegal settlers in the strict sense of the matter but were people who had been settling on the land for more than 20 years and were making payments to the relevant local authority during their stay on the particular land.
Further to that the law which was said to have been violated by the appellants was not the best to tackle the matter as they were being charged with contravening the Gazetted Land Act. The gazette that was produced by the court was a 1982 gazette but then the Act which they were said to have contravened was a 2006 Act hence in legal terms they cannot be charged with an offense that is said to have happened before the Act became law which is more of applying the law in retrospect.
It was also noted that the appellants had high prospects of success on appeal as they had gotten information from government officials to settle on that piece of land acting on that incorrect information.
They argued that the court should have acquitted them since they had not settled themselves but were rather acting on the instruction of a government official which if wrong should lead to an acquittal.
Regarding the eviction order, the group argued that they are people who had lifetime investments going on as this is a place they called home with structures, houses, boreholes, and other viable projects as they are all farmers hence giving them a notice period to vacate the place by March 31 is unreasonable considering that astronomical efforts have been put in place by the applicants.
The High Court found favor in the appeal against the refusal by the magistrate to grant suspension of the eviction order and got the order to the effect that the eviction order should be suspended pending the appeal.