Bobby Makaza
The 59 year-old Bobby Makaza, who resides in Murehwa in Mashonaland
East province, was released from Harare Central Prison on 19 May 2023
under a presidential amnesty declared by President Emmerson Mnangagwa
on 12 May 2023.
The presidential amnesty benefitted some inmates, who included
convicted sexual offenders after President Mnangagwa gazetted Clemency
Order No. 1 of 2023, where he exercised his prerogative of mercy to
release some offenders from some jails located across the country in a
move hailed by ZPCS as aimed at reducing the prison population.
However, ZLHR lawyers Tinashe Chinopfukutwa and Paidamoyo Saurombe
have been tasked by Makaza’s victim to demand a detailed explanation
from ZPCS Commissioner-General Moses Chihobvu about the basis upon
which Makaza qualified for amnesty and subsequent release from Harare
Central Prison in terms of Clemency Order No. 1 of 2023.
Chinopfukutwa and Saurombe told Chihobvu that the 15 year-old minor
was raped by Makaza in 2018, who stood trial at Murehwa Magistrates
Court in Mashonaland East province on a charge of rape as defined in
section 65 of the Criminal Law (Codification and Reform) Act and was
convicted and sentenced to serve an effective 16 years prison term on
2 April 2019.
The human rights lawyers said in terms of section 12(d) as read with
13(c) of Clemency Order No.1 of 2023, Makaza being an inmate convicted
of rape which is a specified offence, was excluded from benefitting
from the presidential amnesty.
Chinopfukutwa and Saurombe gave Chihobvu up to Friday 7 July 2023 to
respond to their letter.