Why Was Madzibaba Ishmael Granted Bail? High Court Decision Raises Eyebrows

Madzibaba Ishmael Chokurongerwa, leader of the Johane Masowe eChishanu Gorejena Penyeranyika Apostolic Sect, has been granted US$1,000 bail pending appeal after serving part of a 20-year prison sentence for rape.

High Court Judge Justice Neville Wamambo ruled that Chokurongerwa’s appeal raises arguable points of law and fact, including concerns about the handling of DNA evidence and questions surrounding the age of the complainant, warranting his release while the appeal is being considered.

Chokurongerwa was convicted following investigations linked to a March 2024 police raid at his Lily Farm compound in Nyabira, about 30 kilometres west of Harare.

During the operation, authorities rescued 251 children, many of whom reportedly lacked birth documentation and were not attending school.

Police also discovered 16 shallow graves, including those believed to contain infant remains, on the property. Two women were arrested at the site on human trafficking charges.

In his ruling, Justice Wamambo cited irregularities in the trial proceedings, including concerns that the complainant did not make a direct rape complaint.

The court also questioned the chain of custody of DNA samples, noting that gaps in the handling of the evidence could affect its reliability.

The High Court further highlighted inconsistencies between the complainant’s testimony and an age estimation report relied upon during the trial.

As part of his bail conditions, Chokurongerwa must report to the CID Law and Order section in Harare three times a week, reside at a specified address, and remain available to the court until his appeal is determined.

The cleric’s release has sparked debate in Zimbabwe, with some critics questioning the justice system’s handling of influential religious figures while others point to the court’s duty to address potential legal flaws raised on appeal.

A date for the hearing of the appeal has not yet been announced.