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Judgment No. CCZ 3/2017
Const. Application No. CCZ 47/15
Const. Application No. CCZ 50/15
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Initially the applicants sought commutation of their respective death sentences
to life imprisonment. That relief was, however, abandoned at the hearing through an amended
draft order seeking to quash the sentences of death and remittal of the cases to the High Court
for resentencing. The amended draft order reads:
"IT IS ORDERED THAT:
1. In remedy, the sentences of. death imposed on the Applicants, namely, Cuthbert
Tapuwanashe Chawira, Masimba Mbaya, George Munyaradzi Manyonga,
Jack Sikala, Livingstone Sithole, Jack Nyati, Busani Tshuma, Killian Mpofu,
Wisdom Gochera, Ezra Manenji, Kudakwashe Taonangwere, Farai Lawrence
Ndlovhu, Governor Masawaire and Lyton Mathe be quashed and determination
of the appropriate substituted punishment for each Applicant be remitted for
hearing.
2. The First Respondent pays costs of suit."
The applicants' cases are at varying stages of progress to finality. Some are yet
to appeal to the Supreme Court whereas others have had their appeals dismissed but are yet to
exercise their right to seek presidential pardon in terms of s 48 (2) (e) of the Constitution. Thus,
they are all approaching this court without first exhausting the statutory legal remedies
available to them comprising:
1. Seeking review of the administrative action or omission complained of under the
Administrative Justice Act [Chapter 10:28].
2.
Appealing to the Supreme Court in terms ofs 70 (5) (b) ofthe Constitution.
3. Seeking Presidential pardon or commutation under s 48 (2) (e) of the
Constitution.
The crisp issues which then arise for determination are:
1.
Whether or not this court has the jurisdiction to grant the order requested by the
applicants and, if so, whether the issues raised are ripe for determination.
2.
Whether or not the delay in carrying out the death sentences is a violation of the
applicants' fundamental human rights under s 51 and 53 of the Constitution.
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