First Applicants' Founding Affidavit in Chawira & 13 Others v Minister of Justice & 2 Others

FIRST APPLICANT’S FOUNDING AFFIDAVIT

I, CUTHBERT TAPUWANASHE CHAWIRA 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.  To the extent that I make many averments of law and research, I do so, on the basis of advice from counsel which advice I fully accept. 

THE ACTORS

I was born on the 20th of January 1970.  I am currently a death row prisoner incarcerated at Chikurubi Maximum Prison.  My Prison Number is 641/13. 

I was convicted of murder and sentenced to death by Malaba J as he then was on the 26th of September 2000 after having been arrested on the 6th of October 1999.  I have thus spent 15 years on death row.  I confirm that I am married with a wife who since has moved on.  I have three children the oldest who is 19 years. 

The brief facts of the murder I was involved in was that I was involved in an armed robbery with others, which resulted in the death of the manager then at Fairmile Motel in Gweru.  The actual murder was committed by an accomplice of mine but I was convicted on the basis of the doctrine of common purpose. 

The 2nd Applicant Masimba Mbaya, is currently a prisoner incarcerated at Chikurubi Maximum Prison.  He was arrested in 1998 and convicted and sentenced to death by Justice Guvava on the 30th of April 2004 following a murder during the course of armed robbery that took place in Bromley, Ruwa. 

The 2nd to the 14th Applicants are all death row prisoners serving at Chikurubi Maximum Prison.  I provide their full details in respect of their names, age, date of arrest, date of sentence, sentence, CRB Number, Court, number of years incarcerated, number of years on death row in the following schedule.

P/No

Name

Age

Offence

D.O.A

D.O.S

Sentence

CRB

Court

No of years incarcerated

No. Of years on death row

641/13

George Manyonga

40

Murder

22.06.95

21.02.97

Death

23345

H/Court/Hre

20

18

644/13

Jack Sakala

34

Murder

14.01.00

15.02.01

Death

02/01

H/Court/Hre

15

14

645/13

Livison Sithole

37

Murder

19.01.01

28.02.1

Death

10/01

H/Court/Mtre

14

14

646/13

Jack Nyathi

40

Murder

27.12.00

13.02.01

Death

05/01

H/Court/Byo

15

14

647/13

Busani Tshuma

41

Murder

27.03.00

01.02.02

Death

94-6/01

H/Court/Gweru

15

13

648/13

Killion Mpofu

35

Murder

25.01.01

30.05.02

Death

30/02

H/Court/Gweru

14

13

649/13

Wisdom Gochera

39

Murder

21.09.01

27.06.02

Death

112/02

H/Court/Hre

14

13

650/13

Ezra Manenji

63

Murder

21.01.12

08.02.13

Death

30/13

H/Court/Byo

3

2

659/14

Masimba Manenji

 

Murder

21.11.98

30.04.04

Death

18/2000

H/Court/Hre

17

11

660/14

Taonangwere Kudakwashe

23

Murder

07.03.03

08.07.05

Death

4227/03

H/Court/Hre

12

10

634/14

Governor Musawaire

43

Murder

29.05.04

29.04.06

Death

216/04

H/Court/Hre

11

9

633/14

Lython Mathe

35

Murder

09.12.09

15.07.11

Death

101/11

H/Court/Byo

6

4

 

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. His address for service is 6th Floor, Block A, New Government Complex, Central Avenue, Harare.

The Second Respondent is the Commissioner of Prisons and Correctional Services.  He is appointed by the President in terms of the Prison’s Act [Chapter 7:11].  He is cited as such as an interested party who may wish to make comments on the present application.  His address for service is care of Prisons Headquarters, Mbuya Nehanda Street, Harare.

The Third 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.

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