Convicted madzibaba granted bail pending appeal

High Court judge Justice Neville Wamambo has granted US$1 000 bail to jailed apostolic sect leader Madzibaba Ishmael Chokurongera, who is serving a 20-year sentence for rape, pending the outcome of his appeal.

Chokurongera, previously convicted on one count of rape and acquitted on two others, argued that the trial court erred in its reliance on DNA evidence, questioned the authenticity of the complainant's birth certificate, and challenged findings related to alleged religious indoctrination.

The State opposed the bail application, citing testimony from witnesses who handled the DNA samples and asserting that the complainant's age and evidence of religious indoctrination were properly considered. Prosecutors also highlighted the novelty of the case, noting that no formal complaint of rape had been made by the complainant or her guardian.

Justice Wamambo, however, ruled that several issues raised in the appeal—including the handling of DNA samples, the absence of a formal rape complaint, and questions surrounding the complainant's age—provided Chokurongera with arguable prospects of success. The judge further noted that portions of the original sentence appeared “rather lengthy” and could be subject to interference on appeal.

As part of his bail conditions, Chokurongera must report three times a week to the CID Law and Order section in Harare. Justice Wamambo emphasized that appeals are typically expedited to protect a convicted person's constitutional right to liberty.

The ruling has sparked intense debate, with critics questioning the decision to grant bail in a high-profile rape case, while supporters highlight the legal principle that every convict has a right to challenge their conviction.