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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.