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Yvonne Musarurwa

Fidelis Munyoro: Chief Court Reporter

There is no justification for killing or abusing anyone in politically-motivated terror outside the “scourge” of war, a High Court judge said yesterday. Justice Chinembiri Bhunu said Zimbabwe was liberated 36 years ago in a just war of peace so that Zimbabweans can live in perpetual peace and harmony, free from exploitation and oppression.He made the remarks while sentencing three MDC-T activists —Tungamirai Madzokere, Yvonne Musarurwa and Last Maengahama — to 20 years imprisonment each for killing Police Inspector Petros Mutedzi in Glen View, Harare, five years ago.

The three were convicted of murder on the basis of the doctrine of common purpose with actual intent, but the judge used his discretion to spare Madzokere and Maengahama the hang man’s noose.

Also read:

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Maengahama almost fainted as the court was pronouncing sentence, prompting the prison officers and Musarurwa to rescue him by applying first aid. They made him sit down, quickly removed his jersey and the tennis shoes while fanning him.

The finding that murder was committed in aggravating circumstances rendered Madzokere and Maengahama to the death sentence, but Justice Bhunu considered that sentence inappropriate in the present case, because they were in equal guilt with Musarurwa who, being a woman, was not liable to the death penalty.

Tungamirai Madzokere

“By virtue of the discretion conferred upon this court in terms of section 48 of the Constitution, I have decided to spare both accused persons from the death sentence,” said Justice Bhunu.

“This renders all the three accused persons liable to minimum mandatory sentence of 20 years imprisonment. I did not intend to exceed the minimum mandatory sentence because none of them delivered the fatal blow.”

The fourth man, Pheneas Nhatarikwa, who was convicted of a lesser charge of being an accessory to public violence escaped with a $500 fine. Justice Bhunu, who has since been elevated to the Supreme Court bench, made it clear that those who desire to carry out public demonstrations should follow due process.

Last Maengahama

The judge said if unjustifiably denied the right to demonstrate, courts were there to provide remedy just like in the case of “MDC-T v The Commissioner General of the Police N.O and The Minister of Home Affairs HB 126/2016”.

“Those who foment trouble today disturbing the peace in misguided political violence will have to account and atone for their transgressions in a hard way regardless of their political orientation,” said Justice Bhunu.

“The courts as the custodians and implementers of law will certainly not sit back and gaze while the country burns and degenerates into anarchy and despondency under their watch.”

Justice Bhunu also made it clear that when people organise unsanctioned demonstrations, they would be creating a potentially dangerous situation.

He said the position of the law was clear that when people create a dangerous situation they take full responsibility that people and property are not injured or harmed, failure which they are criminally and civilly liable.

“It follows therefore, that the three accused persons being part of the leadership and organisers of unsanctioned MDC-T T/Shirt Visibility day, were jointly fully responsible for seeing to it that people and property were not harmed during the course of the unsanctioned demonstration,” he said.

“They could not discharge or evade that onus by running away when trouble ensued as happened in this case. Their failure to contain the volatile situation or at least render assistance to Inspector Mutedza aggravates their moral blameworthiness.”

The judge also said it was inhuman for people to celebrate and glorify murder as what transpired at Glen View 3, Shopping Centre on May 29 2011.

“That kind of barbaric conduct if not kept in check can easily degenerate into civil unrest, despondence and war,” he said.

“Those who have read history will remember that the First World War was sparked by the killing of one man Arch Duke Ferdinand of Austria on 28 June 1914. Here at home the second Chimurenga was sparked by the killing of Mbuya Nehanda Nyakasikana.”

The defence team led by Ms Beatrice Mtetwa said she would apply for leave to appeal against both conviction and sentence.

Justice Bhunu—sitting with assessors Messrs Patrick Musengezi and Alexander Mhandu—is expected hear the application on December 20. Mr Edmore Nyazamba of the Prosecutor-General’s Office prosecuted.