ZPCS challenges court bid to arrest released rapist

0Shares

The Zimbabwe Prisons and Correctional Service (ZPCS) has defended its decision to release a convicted rapist under a presidential amnesty, arguing that he was eligible for the clemency order despite his heinous crime.

Bobby Makaza, 60, who raped a 9-year-old girl in 2018, was sentenced to 16 years in prison in April 2019. However, he was among thousands of inmates who walked free in May this year after President Emmerson Mnangagwa issued Clemency Order No. 1 of 2023, granting full remission of sentence to prisoners aged 60 and above, among other categories.

Makaza’s release sparked outrage after he was filmed chanting “Mnangagwa huchi (is sweet)” from a bus window, earning him the nickname “Mnangagwa huchi rapist”. The video went viral on social media, prompting calls for his re-arrest.

The parents of the rape victim, with the assistance of the Zimbabwe Lawyers for Human Rights (ZLHR), filed an urgent application at the Harare High Court on July 14, seeking an order for the issuance of a warrant of arrest for Makaza. They argued that he should not have benefitted from the amnesty as he was convicted of a specified offence under section 12(d) as read with 13© of the clemency order.

However, ZPCS, through its acting Commissioner-General Shepherd Mpofu, opposed the application, saying that Makaza qualified for the amnesty as he met the age criterion under section 2(a) of the order. He said that ZPCS followed due process in releasing Makaza and that there was no error or illegality in its actions.

Mpofu also said that ZPCS had no power to revoke Makaza’s release as it was based on the president’s prerogative of mercy, which is a constitutional function. He urged the court to dismiss the application as it was an abuse of court process and an attempt to interfere with the president’s discretion.

The matter is yet to be heard by the High Court.