CCC members jailed 22 years for Mbare political murder

The High Court has sentenced three Citizens Coalition for Change (CCC) members to 22 years and nine months in prison each for the murder of a man during a violent political clash with ZANU PF supporters in Harare.

Justice Esther Muremba condemned the killing of Onisimo Mavhungire as a brutal mob attack carried out in aggravating circumstances.

“The facts clearly establish aggravating circumstances: the murder was committed by a group of at least ten people acting in common purpose, in defiance of a lawful court order,” the judge ruled.

The court heard that the violence erupted on 7 October 2022 at Nenyere Flats in Mbare during a confrontation between CCC supporters and ZANU PF members over a disputed piece of land. The three convicted men were part of a CCC-aligned group that attacked Mavhungire, who later died from severe head injuries.

Muremba described the assault as vicious and sustained, noting that the attackers used “open hands, booted feet, stones, and a wooden log,” leaving the victim “bleeding and lifeless.”

The court rejected the defence’s plea for a lighter sentence, dismissing arguments that the offenders’ youth, family responsibilities and time already spent in custody warranted leniency.

“The submission that ‘the more people punished, the less each should suffer’ is legally untenable,” the judge said. “Criminal liability is individual, and each participant in a common purpose bears responsibility for the fatal outcome.”

The judge said the law does not reduce responsibility simply because multiple offenders were involved.

“The section does not provide for dilution of liability or a proportional reduction in sentence… it ensures that every co-perpetrator bears full criminal responsibility for the offence,” Muremba said.

The judge also criticised the defence’s proposal of an eight-year sentence.

“Counsel’s proposal of eight years’ imprisonment ignores these binding provisions and fails to engage with the aggravating factors present in this case,” the court ruled.

The National Prosecuting Authority’s position prevailed, with the court agreeing that the political nature of the violence and the mob attack justified a severe custodial sentence.

The court noted that “the murder was committed by a mob acting in common purpose, in defiance of a lawful court order, and also involved political affiliation as a motivating factor.”

Muremba highlighted the devastating impact of the killing on the victim’s family. Mavhungire’s widow, Grace Muchakata, told the court her life had been upended.

“No sentence, not even life imprisonment, could ever bring him back,” the prosecution said, recounting her testimony.

She described struggling to afford basic needs and school fees for her child following her husband’s death.

In passing sentence, Muremba stressed the need for consistency and deterrence, noting that the offenders had initially been jailed for 25 years before a successful appeal led to a fresh ruling.

“The considerations that led the court to impose 25 years initially are still present, and the offenders’ culpability has not diminished,” the judge said.

She added that a stiff penalty was necessary to uphold justice and deter political violence.

“Sentencing for murder must reflect both the seriousness of the crime and the need to uphold the integrity of the justice system,” the ruling said.