GREATNESS TAPFUMA

versus

THE STATE

HIGH COURT OF ZIMBABWE

MATHONSI AND MOYO JJ

BULAWAYO 5 MARCH 2018 AND 8 MARCH 2018

Criminal Appeal

B Masamvu for the appellant

Ms N Ngwenya for the respondent

            MATHONSI J:          The appellant owns his own church which goes by the catchy name of Kingdom Rulers International Church which he founded in the Cowdray Park suburb of Bulawayo.  Prior to that he had worked with a friend of his called Ronald before they parted ways and Ronald also founded his own church known as Transfiguration Zone in the same suburb which the appellant says is a rival church competing with him, not only in the selection of funny church names, but also in attracting congregants.  The applicant’s church does not have a church building at which to worship but they fellowship at some bushy area in the suburb where they have a stand with some of their activities taking place at his rented house No 6639 Cowdray Park Bulawayo.

            The appellant was arraigned before a Regional Magistrate at Bulawayo charged with two counts of rape as defined in section 65 of the Criminal Law [Codification and Reform] Act [Chapter 9:23].  Although he pleaded not guilty, he was convicted on both counts following a protracted trial and was, on 22 September 2015, sentenced to 15 years imprisonment on each count.  Of the total of 30 years imprisonment 5 years was suspended for 5 years on condition of future good behaviour leaving him with an effective 25 years imprisonment.  Aggrieved by that turn of events, the appellant appealed to this court against both conviction and sentence.