Two Harare Men Granted Bail After Alleged Assault of Suspected Thief Ends in Death

Christopher Tigere, 47, and Veron Kwinjiri, 21, both from Solomio Park, appeared before Harare magistrate Nyasha Marufu. They were each granted US$100 bail, according to a court report published by 263Chat on Saturday, 10 October.

The deceased was identified as Fungai Makaza. Prosecutors allege that the two men attacked him with sticks after residents raised an alarm about a suspected thief.

Alleged assault followed theft accusation

According to the allegations presented in court, Makaza had been accused of stealing property in the neighbourhood. He allegedly dropped the property before being apprehended by Tigere and Kwinjiri.

The two accused are alleged to have repeatedly struck him with sticks.

Makaza was subsequently taken to Ruwa Police Station, where a report concerning the allegedly stolen property was made.

He was later referred to Ruwa Rehabilitation Hospital for medical attention and subsequently transferred to Parirenyatwa Group of Hospitals in Harare.

He was pronounced dead on arrival at Parirenyatwa.

A post-mortem examination was conducted, and its findings have reportedly been obtained by investigators. The details of those findings were not disclosed in the available court report.

Two face murder charges

Tigere and Kwinjiri are charged with murder under Section 47 of the Criminal Law (Codification and Reform) Act.

The prosecution alleges that their actions resulted in Makaza's death. The charge has not been proved, and both accused remain entitled to the presumption of innocence.

Magistrate Marufu granted each man bail of US$100. The available report did not specify their next court appearance or the full conditions attached to their release.

The proceedings will determine whether the prosecution can establish the elements of the offence and the individual responsibility of each accused.

The danger of taking the law into one's own hands

The case has renewed attention on violence against people accused of criminal activity before they have been tried.

An accusation of theft does not establish guilt. Even where property is believed to have been stolen, criminal allegations must be handled through lawful procedures rather than punishment imposed by members of the public.

Police have repeatedly warned against taking the law into one's own hands and have urged residents to report suspected crimes.

The allegations in this case concern more than the original theft accusation. They raise the separate question of whether the force allegedly used against Makaza constituted a criminal offence resulting in his death.

The Granite Post has previously covered other serious criminal proceedings, including a Harare fraud case in which a Chitungwiza man pleaded guilty after posing as a pastor and the prosecution of five Bulawayo councillors over alleged extortion

Those cases involve different alleged offences, but each illustrates the importance of distinguishing accusations from findings made by a court.

Case awaits further proceedings

The two men remain before the courts on murder charges, with the prosecution expected to rely on evidence concerning the alleged assault and Makaza's death.

The post-mortem findings and other evidence presented during the proceedings will be important in determining the outcome.

Neither accused has been convicted in connection with Makaza's death.

The Granite Post Zimbabwe will follow the case as further court proceedings are reported.