The Chronicle

BULAWAYO, Saturday, July 22, 1995 — A Bulawayo High Court has refused to confirm the sentence of community service passed by a regional magistrate on a man who raped a four-year-old child who had been left under his care by its mother.

In a recent review judgment, Mr Justice Chatikobo said he found himself “unable to correct the serious injustice which had occurred and refused to confirm the proceedings as they were not in accordance with real substantial justice”.

He however, confirmed the conviction. On being convicted, Tiritose Zhou was sentenced to 20 months in jail of which 14 months were conditionally suspended for five years. The remaining six months were suspended on condition that he did 180 hours of community service at the local clinic. Mr Justice Chatikobo said several review judgments had been written in which magistrates had been entreated to consider carefully the nature of the offence and the circumstances surrounding its commission before ordering an offender to perform community service.

It was imperative for courts to instill confidence in the public about the community service sentencing concept because its success depended entirely on its acceptance by the public.

“In addition the National Committee on Community Service has issued guidelines which spell out in broad outline the offences and circumstances under which an offender can benefit from orders of community service. Rape is not one such offence.

“Not only does the offence of rape involve the physical abuse of a non-consenting victim, it brutalises such victims, traumatises her psychologically and physically as well as degrading female members of society morally,” he said.