TAFADZWA Shamba and Tapiwa Makore Sr were described as ‘ANGELS OF DEATH’ as they were handed death sentences by High Court judge, Justice Munamato Mutevedzi, for the diabolical murder of seven-year-old Tapiwa Makore Jr.
They joined 66 death row inmates awaiting execution only stalled by the country’s failure to recruit a hangman.
While the death penalty is still in the country’s statute book, there haven’t been any executions since the notorious duo of Stephen Chidhumo and Edgar Masendeke were hanged in 2005.
Under Section 48 (2) of the new Constitution, punishment for murder committed in aggravating circumstances is limited to only males aged between 21 and 70 years.
Last year, the Zimbabwe Prisons and Correctional Service announced that two women were in the running for the vacant hangman’s post, but the Government is considering abolishing the death penalty.
In handing down capital punishment, High Court judge, Justice Munamato Mutevedzi said the death penalty was still legal and the courts do not involve themselves in the execution of judicial punishments
“Our courts are courts of law, they do not make decisions on the basis of media reports.
“What is official is that capital punishment is still very much part of our penal code.
“In fact, it is permitted by the Constitution itself.
“Critically though, it must be appreciated that the courts do not involve themselves from the execution of the judicial punishments.
“The doctrine of separation of powers, which is central in our Constitution, ascribes that the court’s role ends immediately after pronouncing a sentence
“There is no reason as to why a judge can inquire if a person has been executed or not,” ruled Justice Mutevedzi.
The judge said he was still puzzled how Tapiwa Sr and Shamba drugged a seven-year-old, detained him for eight hours, slit his throat and mutilated his body for ritual purposes.
It was also established by the court that the two had planned to execute the murder for days until the fateful day on September 17, 2020.
The ritual was to boost Tapiwa Sr’s cabbage business.
“The demon which drove Tafadzwa Shamba and Tapiwa Makore to commit this murder is relentless and could not be stopped.
“It can only be neutralised by death.
“Our hands are, therefore, bound and accordingly it is directed that both accused persons shall be retained in custody and that the sentence of death be executed upon each of them according to law,” ruled Justice Mutevedzi.
He was also convinced that the murder was committed in aggravating circumstances.
“In reality, Shamba and Makore Sr poisoned the seven-year-old boy.
“They mutilated the body and the deceased’s head has not been found to date.
“They also tried to destroy the evidence by hiding some of the body parts and that, in itself, is an aggravating factor,” said Justice Mutevedzi.
Tapiwa Jr’s torso was buried in 2021 without the head.
His mother, Linda Munyori, said now that his uncle has been sentenced, she deserves an apology from his wife.
“The courts have decided and I demand an apology.
“What hurts is that no one has ever bothered to say anything. Manje zvazvadai tochiitaseyi manje?” said Munyori.