Auxilia Katongomara Chronicle Reporter
THE Supreme Court has upheld a death sentence passed to a Binga killer who was sentenced in 2012 for a ritual murder of a 19-year-old man.

High Court Judge, Justice Martin Makonese, passed the death sentence to Colgate Duffen Mudenda on March 20, 2012, after he was found guilty of murdering Innocent Mudimba.

Mudenda, through his lawyer Leslie Sibanda of Webb Low and Barry Associates, filed an appeal against the death sentence arguing that the sentence was based on the old constitution which has since been phased out.

“The sentence of the court a quo was based on the old constitution of Zimbabwe Amendment 19 which has since been phased out due to the coming in of the new Constitution Amendment 20 of 2013; its sentence can’t therefore be upheld because it is based on a law that is of no force or effect as of today. The sentence would be carried out during the new constitution dispensation and therefore the appeal should be heard and argued on the basis of the new constitution,” appealed Sibanda.

He said under the new constitution of Zimbabwe, Amendment Section 48(2) requires that courts should take into account aggravating circumstances before imposing the death sentence.

However, Deputy Chief Justice Luke Malaba, sitting with acting judge of appeal Justice Maxwell Takuva and Justice Antonio Guvava, argued that Justice Makonese was guided and governed by the law when he passed the death sentence.

“The learned judge by time of sentence was governed by law. It was binding, it was the law then. This appeal court looks at misdirections by the court looking at the law existing at that particular time,” explained Justice Malaba.

He said the courts dealt with judgments made after May 22, 2013, when the new constitution was signed into law.

“The appeal is dismissed and reasons are to follow in due course,” ruled Justice Malaba.

Mudenda murdered Mudimba by slitting his throat in a suspected ritual murder.

On May 3, 2011, at about 8PM Mudimba retired to bed with his younger brother, Pronounce Munkuli. On the following morning, at about 4AM, Munkuli woke up and discovered Mudimba was not in bed and the bedroom door was slightly open.

A few minutes later Mudimba entered the hut stumbling, clutching his neck with both hands and fell to the floor writhing in agony.

Munkuli called his grandmother who was sleeping in another hut and when she and other elders got into the hut, they found Mudimba already dead.

In a written confession, Mudenda gave details of how he murdered Mudimba. He claimed that he was influenced by a businessman to commit the crime after he offered him money. He alleged the businessman wanted to enhance his business.

However, Mudenda shifted goal posts in court when he pleaded not guilty to murder. He claimed he was wrongly implicated.

Mudenda is at Khami Maximum Prison.

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