High Court rejects cattle thief's appeal

The High Court has dismissed an appeal by convicted cattle thief Jarney Mumanyi, ruling that his bid to overturn both his conviction and sentence had "no reasonable prospect of success."

Mumanyi, who was sentenced to an effective 18 years in prison by a magistrates court on two counts of stock theft, had sought leave to appeal his conviction. However, Justices Benjamin Chikowero and Happias Zhou rejected the application, describing the intended appeal as "manifestly doomed to fail."

"There was overwhelming evidence against the applicant. No other decision was possible except to convict," Justice Chikowero stated.

Mumanyi and his accomplice, Austin Nyepai, were found guilty of stealing 17 cattle from one farmer and another four from a second farmer in Buhera in December 2021. The pair were arrested the same night at a police roadblock in Wedza, where Mumanyi produced a cattle movement permit and police clearance certificate that were later proven to be fake.

"The applicant himself, at the roadblock, was claiming ownership of the bovines. That claim was manifestly false," the court noted. "He was deeply involved in the theft, unlawful movement and ultimately the recovery of the cattle, and it would be an insult to the intelligence of the appellate court to suppose that there is any chance of having the applicant's conviction quashed."

The judges also upheld the sentencing, dismissing Mumanyi's argument against serving two consecutive nine-year terms. Justice Chikowero emphasised the need to deter organised criminal activity, stating, "Crime should not be allowed to be a business enterprise. The offences were committed by an organised criminal gang… there is no reasonable prospect of a further appeal yielding a different result."

The application for leave to appeal was dismissed with costs.