It was noted
Madzibaba Ishmael was not a first offender since he was once convicted of
committing violence in 2015.
He raped and
impregnated a minor congregant.
Presiding
magistrate Mrs Estere Chivasa delivered the sentence, condemning Madzibaba
Ishmael for abusing his position of authority to prey on vulnerable members of
his church.
She labelled
him a “notorious and evil” individual who betrayed the trust placed in him as a
religious leader.
“Church leaders
are expected to serve as moral compasses for their congregants, but what the
accused did is the complete opposite of these expectations,” magistrate Chivasa
said.
“The victim was
too scared to reveal the paternity of her child, and while the accused is HIV
negative, he recklessly exposed her to the risk of STIs. His actions were
despicable.”
Magistrate
Chivasa emphasised that the court must set a precedent to protect congregants
from similar abuses of power in the future.
“His moral
blameworthiness is exceptionally high. How many brilliant minds has this man
brainwashed and destroyed? No one truly knows. He turned his congregants into
his personal possessions. The accused is a purely evil person who happens to
live among others,” she stated.
The court
commended State prosecutor Mr Oscar Madhume for engaging the Social Welfare
Department to conduct a victim impact assessment.
The victim, who
had been indoctrinated and manipulated, reportedly did not fully comprehend
that she had been abused.
Her fear and
indoctrination prevented her from speaking out earlier.
Initially,
Madzibaba Ishmael faced three counts of rape.
However, two
charges were dismissed as the victims were of legal age at the time of those
incidents.
Nevertheless,
he was convicted on one count of raping a minor.
The DNA
evidence provided by the National University of Science and Technology (NUST)
confirmed that he fathered three children with complainants involved in the
case.
Although he was
cleared of charges related to the ill-treatment of minors and breaching the
Burial and Cremation Act, the prosecution successfully argued that Madzibaba
Ishmael had abused his position as a trusted religious leader to exploit and
manipulate young congregants under the guise of religious authority.
The court heard
that his victims, indoctrinated and fearful, were unable to resist or disclose
the abuse until additional evidence came to light.
Magistrate
Chivasa concluded her ruling by saying, “It is time for the court to draw a
line and say, ‘enough is enough.” Herald
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