The two appellants, jointly with three others, were charged in the High Court
sitting at Chiradzulu, with six counts of murder. They pleaded not guilty to the charges,
and after a full jury trial, the appellants were found guilty and they were convicted. Of
the three others, one died while awaiting trial, the other was discharged and the third one
was acquitted. The appellants were sentenced to the mandatory sentence of death. They
now appeal to this Court against both the convictions and sentences.
Between January and March 2000, six women were murdered in Chiradzulu District.
The victims were Elube Tambala, Veronica Joseph Chiwalo, Mary Muononga, Apuna
Kashoti, Enelesi Njerero and Rose Chituta Mataya, as reflected in counts 1 to 6
respectively. They were either strangled or stabbed and had their bodies dismembered or
interfered with. In some cases, their private parts, breasts and intestines were removed,
and in other cases, the abdomens were opened and in some cases, the eyes were gorged
out. It became quite clear to the Police that they were dealing with serial or ritual killers.
The Police embarked on extensive investigations and in April 2000, they arrested one,
Evance Solomon alias SITENALA. After being questioned, Sitenala, who subsequently
died in custody while awaiting trial, revealed that he perpetrated the murders with his
friend Bokhobokho, the 1st appellant. Bokhobokho was arrested soon thereafter. They
both gave caution statements to the Police, and in their statements they admitted to have
murdered the victims and further stated that they were selling the human organs to Lewis
Liviel Jonathan, the 2nd appellant, and Samuel Chimwanza Ngole, who was the fourth
accused at the trial, and he was acquitted. In their statements, they told the Police that
they killed these women so that they could get rich. When Police arrested Jonathan, they
searched his house, his rest house and his bottle store; but they found nothing