THE 11 Johane Masowe eChishanu Apostolic Sect serving four years in jail for viciously assaulting Apostolic Christian Council of Zimbabwe (ACCZ) officials, journalists and police officers in May this year have lodged an appeal against conviction and sentence with the High Court.
PHILLIP CHIDAVAENZI SENIOR REPORTER
In papers filed at the High Court yesterday, Kudzanayi Kusekwa (31), Cabson Chandaona (43), Takavengwa Gwenzi (46), Tichafa Madyegora (41), Johanes Makumbe (39), Ndumiso Moyo (33), Alexio Kanhema (37), Clement Chimutso (47), Madzimure Madzimure (36), Charles Matanga (42) and Darlington Mambayo (46)’s lawyer Tawanda Takaendesa said magistrate Tendai Mahwe erred.
Takaendesa argued that the complainants were victims of mob justice and mistaken identity.
“The learned magistrate erred in convicting the appellants as the ones who had assaulted the police yet mob justice was done, to the extent that the complainants did not manage to see who exactly had assaulted them save to say they have been assaulted by members of an apostolic church,” he argued.
Takaendesa aid there was no proper identification done and the basis upon which the 11 were convicted was questionable and the sentence was shocking.
“The sentence by the trial magistrate induces a sense of shock and another court sitting is likely to interfere with the findings of the trial court,” he said. “The learned magistrate erred in failing to take cognisance of the mitigatory factors by the appellants.”
Mahwe noted when he passed sentence that the convicts acted in a manner not befitting members of a religious organisation.
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“A mob that assaults someone is very dangerous and can lead to loss of life. You are church people and your conduct put religion into disrepute. You assaulted police officers clad in uniform (so) there is need for courts to send the right message,” he ruled.
The sect members underwent trial following the skirmishes that occurred at the church’ s shrine in Budiriro where ACCZ officials had gone to announce a ban imposed on the church following reports of sexual abuse and violation of children’s rights in the church. The ACCZ officials were accompanied by police officers and journalists.
The church leader, Madzibaba Ishmael Mufani, is, however, still on the run.
