Madzibaba Ishmael makes Constitutional Court appeal
The legal proceedings against prominent apostolic sect leader Madzibaba Ishmael have been put on hold following his request to have his case referred to the Constitutional Court.
Ishmael, whose full name is Chokurongerwa, faces charges including child ill-treatment, conducting an unlawful burial, and failing to report both a birth and a death. His case has attracted significant public attention due to his religious influence and the nature of the allegations.
The latest delay arises from Ishmael’s claim that his constitutional rights were violated when the court denied his request to have his witnesses testify before he takes the stand. He argues that he should be allowed to present his witnesses while exercising his right to remain silent, a stance the prosecution firmly opposes.
Prosecutors Tafara Chirambira and Sheila Mupindu dismissed his application as a stalling tactic, emphasizing that the law requires an accused person to either testify first or remain silent before calling witnesses. They insisted that if Ishmael chooses silence, he must do so outright rather than depending on the testimony of others.
The prosecution maintains that the trial should continue under standard legal procedures without any special exceptions.
Norton Magistrate Christina Nyandoro is scheduled to rule on Ishmael’s application on March 7, 2024. If approved, the Constitutional Court will review whether his rights were infringed. If denied, the trial will proceed as per normal legal procedures.
With growing public interest, the ruling could significantly influence the direction of the case and potentially set a legal precedent for future cases.
