Madzibaba Ishmael granted bail

Madzibaba Ishmael Chokurongerwa has been granted US$1,000 bail by Hgh Court judge Justice Neville Wamambo pendiing his appeal to the Supreme Court.

Last year, magistrate Esthere Chivasa condemned Chokurongerwa to 20 years in prison for raping and impregnating under aged girls.

The state’s case rested heavily on Deoxyribonucleic Acid (DNA) results which proved he fathered three children from his church. While he was acquitted on two counts, he was jailed on a third.

In a significant legal turn, Justice Wamambo ruled that Chokurongerwa should be released while his appeal is processed.

The judge found that several aspects of the trial—including the handling of DNA evidence, questions surrounding the complainant’s age, and the absence of a direct rape complaint—presented genuine prospects of success.

The court ruled that the grounds raised in the appeal were substantial enough to justify temporary release.

“I am of the considered view that a number of issues arising, including the absence of a rape complaint, the DNA sample handling, and the issue of the age, gives the applicant prospects of success on appeal,” the judge said.

Chokurongerwa rose to national prominence as the leader of a religious sect following allegations of abuse within the group, which attracted widespread public scrutiny. The High Court noted that the matter contained unusual features, particularly the lack of a formal report from the alleged victim.

“This matter is indeed a novel one. It is not only based on DNA samples and an age estimate report, but it is a matter where there is no complaint of rape from the complainant or her guardian,” the judge remarked.

Justice Wamambo emphasised the principles governing bail pending appeal.

“The greater the prospects of success on appeal, the greater the chances of bail pending appeal being granted. The fact that there was no direct complaint from the victim entailed a rigorous, focused, and thorough investigation. That there were such efforts is clear from the record.”

The judge also touched upon the severity of the initial punishment.

“I have noted in passing that the length of the sentence passed on the face of it appears rather lengthy, especially considering that no portion of the sentence was suspended. In any case, considering the finding of prospects of success on appeal being present, the sentence may be interfered with on appeal.”

Regarding the risk of the cleric fleeing, the judge found that the strength of the appeal actually anchored him to the legal process.

“Although it can never be guaranteed that an applicant will not abscond, in the peculiar circumstances of this novel case with apparently strong prospects of success, the likelihood of abscondment is reduced substantially.”

Chokurongerwa was ordered to continue residing in Msasa Park, Harare, and must report three times a week to CID Law and Order until the matter is finalised.