The two women accused of engaging in practices associated with witchcraft yesterday revealed their true identity as Elmet Mbewe and Christine Nyamupandu from Landas Business Centre in Chihota when they appeared before a Mbare magistrate for routine remand. They also attempted to disassociate themselves from witchcraft, saying they were hired by a “prophet” from Harare’s Budiriro suburb, Alfred Mupfumbati (30) , as a publicity stunt to earn him more followers. When they were caught while naked with paraphernalia associated with witchcraft at a house in Harare’s Budiriro suburb on September 10 — the two women gave their names to the police as Maria Moyo (30) and Chipo Chakaja (26) and said they were from Gokwe. Mbare magistrate Mr Reuben Mukavi said that their trial will commence on October 7 after a medical examination report produced in court revealed that they were sane. This came after the High Court yesterday struck off the role their bail application on the basis that it was improperly before the court. The duo had been ordered by Mr Mukavi to undergo a medical examination in terms of the Mental Health Act to establish if they did not have mental problems before proceeding with the charges. The women are being charged under section 98 (1) of the Criminal Law (Codification and Reform) Act for allegedly engaging in a practice commonly associated with witchcraft. Mupfumbati, the self-styled prophet at whose residence the women were found naked, will be jointly charged with the women for engaging in practices associated with witchcraft. At the High Court, Justice Joseph Musakwa refused to hear the bail appeal by Mbewe and Nyamupandu on the basis that the application was improperly before the court. “I will not hear you on merits, therefore, the matter is struck off the role,” said Justice Musakwa. Mr Edmore Nyazamba of the Attorney- General’s Office had in his response to the bail application urged the court to throw it away arguing that it was improperly before the court. Mr Nyazamba also stated in his papers that the duo’s application was incurably defective because it lacked the essentials of a bail application. In that regard, Mr Nyazamba argued that it was impossible in terms of bail rules to reverse the order granted in terms of the Mental Health Act on appeal to the higher court. He argued that the defence had not filed a proper bail application for the court to make a proper decision on the matter. The women’s lawyer, Mr Tapiwa Takaindisa, had asked the court to release the two single mothers on bail, arguing that they would not abscond.
Posted on: Fri, 27 Sep 2013 05:09:37 +0000
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