HARARE – Late Tapiwa Makore Junior’s killers have been handed death sentences by Harare High Court judge Munamato Mutevedzi.
Pronouncement of the tough sentence saw the mother of the Murewa minor break down uncontrollably in court Wednesday.
Tapiwa Makore Junior, who was 7 at the time, was killed in cold blood back in the village for ritual purposes by his paternal uncle Tapiwa Makore Snr and the latter’s domestic worker Tafadzwa Shamba back in 2020.
Justice Mutevedzi described the late boy as a death angel whose life was cut short by people whom he trusted as family, being his father’s blood brother.
In his ruling, Justice Mutevedzi said the best payment for the boy’s cruel murder was by the blood of his killers.
“They detained the deceased against his will. Their motive was to kill him. That therefore is another element of aggravating circumstances.”
“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 accused persons shall be returned to custody and that the sentence of death be executed upon each of them according to law,” he ruled.
Tapiwa’s mother broke down immediately after sentence was passed with other relatives joining in, creating emotional scenes in the courtroom.
Lawyers representing Makore and Shamba had asked Mutevedzi to take a judicial notice on the issue of death sentences in Zimbabwe which still has no death executors.
The country’s last execution was carried out in 2005.
The lawyers said the job has had no takers since then and, as such, it would be inappropriate to consider death sentences.
But the judge said his hands were tied.
“The accused persons killed a minor. The accused were sickest of the very sick lot. There isn’t one aggravating instance in this case but a multiplicity of them.
“We find therefore that this is a murder which was committed in aggravating circumstances some of which were so vile that they nauseate any right thinking person,” said the judge.
In mitigation, Makore Snr had said he understood that the late minor’s spirits were going to torment him and he would want to go back home and appease the death of the child.
Added the judge, “We do not need to debate what causes these beliefs. The court is of the view that the avenging spirit is an occult belief which has no place in the criminal law, particularly where an accused implores the court that apart from judicial punishment, he or she will be punished by the avenging spirits. At best…we refuse to be persuaded by it.”