Ritual rape: Cross-border transporter jailed 42 years
AN attempt by a 53-year-old Beitbridge-based cross-border transporter to get rich through raping his teenage daughter has seen him locked behind bars for the next 36 years.
The man started raping the teenager from August 2020 when she was 13 until she fell pregnant at the age of 16 years last year.
In court the daughter testified that the man raped her alleging he wanted to boost his chances of making more money.
Before the judgment and sentencing yesterday, the Beitbridge Regional Court’s yard was filled with community members who were keen to get first hand details on the trial’s outcome.
A few weeks ago, through his lawyer, Mr Muchineripi Nhire, the cross-border transporter denied the charges and had his bid to stop the trial dismissed by Beitbridge regional magistrate Mr Innocent Bepura.
The man was found guilty of raping his daughter from the previous marriage and colluding with his new wife to illegally abort the pregnancy in December last year.
The 47-year-old step mother has already been jailed for four years by a local magistrate for causing the illegal abortion.
The cross-border transporter, who is 37 years older than his daughter, has an effective jail term of 36 years after six years of his 42 years’ sentence were conditionally suspended for 5 years after his eventual release.
He was convicted on two counts of rape in August 2020 and September 2023 and was slapped with 20 years for each count. An additional two years was added for the conviction of indecent assault after his attempt to rape the girl was thwarted his other daughter in October 2022.
“Rape is a serious offence against women and in this case it’s even worse your raped your own child for ritual purposes. Instead of being a protector of your children you decided to be the abuser.
“This court will not take lightly such violent behaviour against children and women.
“We need to send a strong message to would-be offenders by sending you away for a lengthy period,” said Mr Bepura while delivering the sentence.
He also rebuked the defence lawyer, Mr Nhire, for playing games with the court after he kept making excuses for the trial to be concluded.
Presenting evidence in aggravation, prosecutors Mr Willbrought Muleya and Miss Tsitsi Mutukwa submitted that the man had done the unthinkable all for the love of getting rich. He had also colluded with his wife now in prison to carry out an illegal abortion that could have killed the girl.
“What makes the case worse is that throughout the trial the accused person did not show any signs of remorse and he chose to waste the court’s time playing hide and seek.
“He is a close relative and committed the unthinkable. The accused is 37-yearsolder than the victim who will for a long time suffer the trauma of the sexual assault and the illegal abortion,” said Mr Muleya.
In mitigation, Mr Nhire prayed for clemency arguing that the accused was unemployed and a father of five children all of school going age and that he had for the past four years been suffering from heart problems and high blood pressure.
In August 2020, the father arrived home at night and found the 3-year-old in the company of her step-mother and other children.
While helping her with schoolwork later that night he raped her. He tried to rape her again in October 2022 but failed after finding her sleeping with her elder sister.
But he raped her again while she was asleep in September last year.
The prosecutors said in 2022 the girl alerted her elder sister about the assaults. She at first did not believe her, but later told their stepmother who threatened to divorce the cross border transporter.
She later softened up after he claimed he assaulted the child as part of a ritual to make more money.
The State said on December 3 last year the stepmother discovered the pregnancy and asked the complainant about its paternity.
The teenager narrated her ordeal and the stepmother bought some medication after agreeing with her husband to terminate the pregnancy as a way of concealing the offence.
The issue came to light when one of her friends got information about the incident and advised a religious leader and the matter was then reported to the police.
The girl was taken to Beitbridge District Hospital for medical attention where it was discovered the pregnancy had been terminated.
The couple was arrested and the medication used in the illegal abortion was recovered from their house.
FOLLOWING the recent up-tick in illegal settlements on agricultural land and pastures across rural and urban areas, Government has ordered the concerned culprits to promptly vacate the areas or face the wrath of the law.
According to the Land Commission Act, it is a criminal offence in terms of the Gazetted Lands (Consequential Provisions) Act to occupy State land without lawful authority in the form of a permit, an offer letter or a lease.
Traditional leaders are also not allowed to sell land and those found guilty will be punished.
Minister of Lands, Agriculture, Fisheries, Water and Rural Development Dr Anxious Masuka said Government would not regularise those that settle themselves on State land without procedurally issued tenure documents adding that the full wrath of the law would be applied in such cases.
“Government has noted with concern the increased number of illegal settlers on agricultural land. As a result, the public is notified that only the Minister of Lands, Agriculture, Fisheries, Water and Rural Development is authorised to issue tenure documents on agricultural land, as he administers relevant Acts assigned to him by the President,” he said.
Masvingo Minister of State for Provincial Affairs and Devolution, Ezra Chadzamira echoed Dr Masuka’s warning urging the people in question not to continue residing on illegal land, but follow the correct procedures.
“You are ordered to vacate immediately and follow the due processes in acquiring land. Government condemns without any reservation the illegal settlements, occupations, parcelling out and selling of the land without the permission of relevant authorities.
“The land belongs to the President. No one, but the delegated powers in various departments has permission to parcel out land. Report such activities,’’ he said.
Recently, the Government directed all local authorities to cease the selling of communal and agricultural land with immediate effect.
Ordinary Zimbabweans have welcomed the initiative saying it was important for people to acquire land legally saying such practices were violating land reform regulations, which are critical in preserving the environment.
Mr Stanley Magwaza of Warren Park 1 said land meant for farming should not be used for other purposes.
“This is a positive step in the right direction. We appreciate the Government’s effort and we are there to support the move. We are also assured of food security if the land is utilised in line with its purpose.
“A residential area cannot be similar to agricultural land. Moreover, this creates a lot of problems because such land is not suitable for people to settle on,” he said.
Mr John Kandiero of Kambuzuma said people should make sure they follow proper procedures to acquire land so that they don’t ruin the lives of future generations.
“Agricultural lands are not for residential purposes. We are seeing families suffering because of floods, diseases spreading because the land is not properly serviced to ensure proper drainage with drinking water likely to be contaminated leading to the spread of diseases,” he said.
Mr Terrence Chakanyuka of Hopley Farm said building houses on agricultural land compromised food and nutrition security.
‘’Such actions are detrimental to the push to achieve food and nutrition security. Land should be acquired legally,’’ he said.
It is a criminal offence, in terms of the Zimbabwe Land Commission Act (Chapter 20;29) and the Gazetted Lands (Consequential Provisions) Act (Chapter 20;28), to occupy State land without lawful authority in the form of a permit, an offer letter or lease.
Meanwhile, the Zimbabwe Lands Commission (ZLC) successfully completed its land audit exercise, coming up with a Land Information Management System (LIMS), which will tackle issues such as multiple farm ownerships and double allocations. President Mnangagwa recently received the final report, which covered 254 538 farms countrywide.