Madzibaba Ishmael, the leader of an Apostolic sect, is facing a potential jail sentence of at least 15 years after being convicted of raping and impregnating a 13-year-old girl. Despite the victim’s apparent attempts to shield him from justice, Harare regional magistrate Estere Chivasa found Madzibaba Ishmael guilty in a case that began with a police raid on his farm in Nyabira on March 13 last year.
The conviction marks a significant chapter in a case that has gripped the nation, particularly following H-Metro’s exclusive coverage of the initial police raid and Madzibaba Ishmael’s subsequent arrest. The newspaper has played a prominent role in keeping the public informed about the developments in this complex case.
Madzibaba Ishmael, who had been attending court while residing at home, was detained in custody yesterday and now awaits his sentencing. He was initially charged with three counts of rape but was convicted on only one count after the court determined that the other two complainants were not minors, as previously claimed. He was acquitted of charges related to the ill-treatment of minors and breaching the Burial and Cremation Act.
A key element in the prosecution’s case was DNA evidence. Tests conducted by the National University of Science and Technology (NUST) conclusively proved that Madzibaba Ishmael fathered the three children born to the complainants. Despite this scientific evidence, Madzibaba Ishmael argued that the DNA results were tainted and inadmissible.
Throughout the trial, Madzibaba Ishmael denied all allegations of rape, claiming that the complainants had not voluntarily reported the incidents to the police. However, the prosecution successfully argued that Madzibaba Ishmael abused his position as a trusted religious leader to exploit and rape young congregants under the guise of religious authority.
Magistrate Chivasa highlighted the oppressive nature of the religious dogma practiced within Madzibaba Ishmael’s sect, stating that his followers were stripped of their right and ability to exercise freedom of choice, effectively rendering them enslaved.
In her ruling, Magistrate Chivasa elaborated on the principles of circumstantial evidence, stating: “An accused can only be found guilty of a crime where the evidence is circumstantial if: -the circumstances from which an inference of guilt is sought to be drawn are all established, the inference of guilt is consistent with all the proved facts, and the proved facts are such that they exclude every reasonable inference from them except that accused is guilty.”
She further explained, “The circumstances taken cumulatively form a chain so complete that the conclusion is inescapable that within all human probability the crime was committed by the accused.”
Magistrate Chivasa emphasised that such evidence should not only be consistent with the guilt of the accused but also inconsistent with his or her innocence.
The magistrate noted the apparent contradiction between the complainants’ testimonies and the DNA evidence. “The three complainants all denied any link with the accused person, and even wondered why he was arrested and why they were called to come to court to testify,” she said. “They all said they are not aware of his position at church since there are a lot of congregants at church. They all denied ever having sexual intercourse with the accused but on the other hand, however, there is scientific proof (DNA paternity test results providing proof beyond reasonable doubt that the accused engaged in sexual intercourse with them and bore children.”
Magistrate Chivasa concluded that “the complainants clearly were regular congregants at accused’s shrine in which he was the founder and leader so there is no way they could not have known him after all it has been proved beyond reasonable doubt that the accused had sexual intercourse with them.”
The magistrate also drew attention to the age of the victims, particularly the 13-year-old girl. “It has to be noted that the complainants were still very young particularly (name withheld) who was aged 13 to 14 years when the offence is alleged to have taken place,” she said.
She further stated, “In such an oppressive environment, in which the followers are stripped off their right and ability to exercise freedom of choice through the proven oppressive religious dogma which is as good as slavery, the only reasonable inference conclusion is that the sexual intercourse was not consensual.”
Testimony from one of the key witnesses painted a harrowing picture of the oppressive religious structure, where congregants were allegedly held as hostages. The magistrate also noted that the complainants, who came from different backgrounds, gave consistent evidence that was ultimately proven untrue by the DNA results.
Throughout the trial, the victims exhibited visible fear, freezing whenever questioned about the church’s doctrines. This suggested that they were still under the influence of indoctrination, with their primary focus being to protect the accused.
Madzibaba Ishmael is expected back in court today for the pre-sentencing hearing. Oscar Madhume is prosecuting the case.
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