Applicants' Founding Affidavit in Ndlovu & Another v Minister of Justice & Another

I, FARAI LAWRENCE NDLOVU do hereby make oath and state that:-

I am the First Applicant in this matter.  The facts I depose hereto are fully within my knowledge and to the best of my belief true and correct.  Where I make averments of law, I do so, on the basis of advice from counsel which advice I fully accept. 

THE ACTORS

As indicated before, I am Farai Lawrence Ndlovu.  I am currently a death row prisoner, incarcerated at Chikurubi Maximum Prison.  My Prison Number is 662/14. 

The Second Respondent Wisdom Gochera like myself, is a prisoner on death row at Chikurubi Maximum Prison.  His Prison Number is 649/13.  Our address for the purpose of this action is care of our legal practitioners of record Tendai Biti Law from 28 Rowland Square, Milton Park, Harare.

The First Respondent, the Minister of Justice, Legal & Parliamentary Affairs, is a Minister duly appointed by the President in terms of the Constitution of Zimbabwe.    He is the Minister responsible for the Administration of the Prisons Act [Chapter 7:11] and he is also cited in that he is also the Minister responsible for administering the Constitution of Zimbabwe and it is in this capacity that he is cited. His address for service is 6th Floor, Block A, New Government Complex, Central Avenue, Harare.

The Second Respondent is the Attorney General of Zimbabwe appointed as such in terms of Section 114 of the Constitution of Zimbabwe.  As the Attorney General, he has a direct interest in this matter and is therefore cited as such for this reason.  His address for service is care of 4th Floor, Block A, New Government Complex, Central Avenue, Harare.

BACKGROUND

I was born on the 27th of June 1988.  On the 24th of May 2012 together with my co-accused Wellington Kadzira who is now late, I was sentenced to death by the High Court of Harare.  The presiding judge was Justice Cheda.   

The Supreme Court of Zimbabwe, in Judgment No. SC36/14, in the matter of Farai Lawrence Ndlovu and Another v The State, confirmed, the High Court judgment, on the 8th of May 2014, in a judgment written by Justice Hlatshwayo, with the concurrence of Ziyambi JA, and Garwe JA. 

For the sack of completion, I want to confirm that my co-accused and I were convicted for the murder of two deceased persons one Michael Sunderland and one Geoffrey Andrew Povey.  The full facts for what happened, are contained in the aforesaid judgment that is to say Judgment Number SC36/14.

I want to bring to the court’s attention that at the time that I committed the crime in question I was only 23 and my co-accused was 37 years respectively.  I took full responsibility of actions and apologise profusely for the actions and commissions connected with the crime. 

The Second Applicant Wisdom Gochera, was born on the 26th of November 1974.  He was found guilty of murder with actual intend by the High Court of Zimbabwe, for murdering a co-worker Karen Da Nobrega Guilherme.  He was found guilty by Justice Paradza and sentenced to death on the 27th of July 2002. 

His automatic appeal, was dismissed by the Chief Justice, with the concurrence of the Deputy Chief Justice and Gwaunza JA on the 6th of September 2005 in Judgment Number SC33/05.

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