High Court Overturns 20-Year Sentence for Former V...

High Court Overturns 20-Year Sentence for Former VP Mphoko's Son

Rutendo Mazhindu

Zim Now Reporter

Siqokoqela Mphoko, son of former Vice President Phelekezela Mphoko, has successfully appealed his 20-year prison sentence for the rape of his 12-year-old niece.

The Bulawayo High Court, comprising Justices Bongani Ndlovu and Munamato Mutevedzi, overturned the conviction, citing concerns about the integrity of the complaint and potential coercion.

The court ruled that the initial conviction was "unsafe," raising doubts about the circumstances surrounding the child's testimony. The judges found that the victim's mother might have influenced her daughter's complaint through threats, while social workers may have used leading questions during their interactions with the child. Additionally, the delayed reporting of the alleged crime cast further doubt on the conviction's credibility.

Despite the rape charges being dismissed, Mphoko's conviction for escaping lawful custody was upheld. In August, after his arrest, he fled from the Hillside Police Station in Bulawayo, where he had been booked for detention. He was sentenced to two months in prison for this escape.

Initially, in May 2023, Bulawayo Regional Magistrate Elijah Singano had sentenced Mphoko to 20 years in prison for three counts of rape and for evading custody. Magistrate Singano emphasized that Mphoko had violated the victim's constitutional rights and had betrayed the trust of his family, resulting in the heavy sentence.

During the trial, Mphoko’s defense attorney, Thobekile Dube, argued for a lesser sentence, citing Mphoko's health issues. On the other hand, the state prosecutor, Concilia Ncube, pushed for the original sentence to stand, stressing the long-term psychological harm that Mphoko’s niece would likely endure as a result of the alleged assault.

Throughout the proceedings, Mphoko maintained his innocence, insisting that the charges were part of a conspiracy orchestrated by senior family members to silence him in an ongoing dispute related to his biological mother. With the High Court's decision, Mphoko’s 20-year sentence has now been reversed, clearing him of the rape charges.

Meanwhile, Siqokoqela’s father, former Vice President Phelekezela Mphoko, continues to face his own legal battles. He is currently on trial for criminal abuse of office, and his appeal for dismissal of the charges was rejected by the Supreme Court in June, allowing the trial to proceed.

The elder Mphoko is accused of intervening in the 2016 arrest of two former Zimbabwe National Roads Administration executives, Moses Julius Juma and Davison Norupiri, who had been detained on fraud charges. The prosecution alleges that as Vice President at the time, Mphoko unlawfully ordered their release from Avondale Police Station in Harare, personally escorting them from custody the night before they were scheduled to appear in court.

The Supreme Court ruled that Mphoko's appeal lacked merit, affirming the decision of the High Court to proceed with the criminal abuse of office charges. As a result, Mphoko has since returned to the Harare Magistrates' Court to present his defense, facing allegations that he used his political position to shield the ZINARA executives from justice.

One of the executives, Moses Juma, was later sentenced to 30 months in prison for fraud, but remains at large after failing to surrender himself to authorities.

The charges against the former Vice President have now placed him at the center of a highly publicized trial, underscoring the far-reaching consequences of alleged political interference in Zimbabwe's justice system.