Madzibaba Nzira out of jail on medical grounds

Nzira was in March 2003 slapped with a 42-year prison term after being convicted of seven counts of rape and one of indecent assault involving two women at his shrine.
But presiding magistrate Mrs Betty Chidziva had suspended 10 years on condition of good behaviour, leaving Nzira with an effective 32-years in prison.

However, Nzira’s jail term was further slashed by the High Court to 20 years on appeal.
The higher court noted that the sentence imposed by a magistrate’s court was “excessive.”
Nzira’s release comes after he served about seven years of his sentence.
He was due for release in 2017 on condition of good behaviour.
Zimbabwe Prison Service acting public relations officer, chief prison officer Priscilla Mtembo, yesterday confirmed that Nzira was now a free man.

“I can confirm that Godfrey Nzira was released on January 19, 2011. He was released on medical grounds,” chief prison officer Mtembo said.
She could however, not shed more light.
Attorney-General Mr Johannes Tomana told The Herald yesterday that the powers to free prisoners lay with the Office of the President.
“The prerogative of clemency resides in the office of the President. The law permits the President to free a prisoner when he is satisfied that the grounds are proper,” Mr Tomana said.

Harare lawyer Mr Jonathan Samukange of Venturas and Samukange, yesterday said any prisoner who feels he has a justifiable reason to be freed could petition the President.
“The President is the only one who can pardon a prisoner. A prisoner (or his lawyers) can petition the President who may grant or not grant the request.
“If the ground is justifiable, it is within the President’s powers as enshrined in the Constitution of Zimbabwe to grant the request. The petition should be filed through the Minister of Justice who would make recommendations to the President,” he said.

Mr Samukange said he had successfully petitioned the President for the release of prisoners.
“That is not a new thing. It has been happening and in my legal experience, I have successfully secured the freedom of a number of suspects on different grounds.
“Obviously, in the interests of my clients, I do not have to disclose names,” he said.

The Herald crew visited Nzira’s shrine in Makoni, Chitungwiza, yesterday afternoon, but his followers declined to divulge more information.
It was, however, clear that Nzira was on his way as women clad in white regalia were busy sweeping outside the shrine, preparing to host their leader.
“We have information that he is expected to be freed, but he has not yet arrived here,” one of the followers at the shrine said.
An aide to Nzira, Madzibaba Luke Maworera, later confirmed that their leader was indeed out of prison and was not feeling well.
“I can tell you that he (Nzira) is here now, but he has high blood pressure and cannot talk to you now,” Madzibaba Ma-worera said in a telephone interview.

He said after being released, Nzira had been taken to some specialists in the city for treatment.
In February 2006, Nzira appealed against both conviction and sentence. Justice Lawrence Kamocha upheld the conviction, but reduced the total sentence imposed by the lower court in March 2003 to 20 years.

The High Court had found that the trial court had properly convicted Nzira.
Justice Kamocha heard the appeal with Justice Tedius Karwi who concurred with his decision.
During the appeal hearing, Nzira had urged the court to quash both the conviction and sentence.
He had argued that evidence led against him was “damaging, prejudicial and irregular.”

During his time behind bars, he had reportedly developed heart and stomach problems.
He could not eat foodstuffs such as sadza, cabbage and beans.
The prophet broke away from the late Madzibaba Sanders’ sect in the early 1990’s to form his own sect.
His followers still flocked to Chikurubi Maximum Security Prison to seek his help while he was serving his sentence.-The Herald

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