The State v Judith Mupelefuraha Mulumba

On 14 June 2013 at Tongogara Refugee Camp, Chipinge, the accused and the deceased (Kubota Mupelefuraha Mulumba), who were sisters, attended a church gathering. After the church service, the accused began to "pray" for the deceased, believing she was exorcising demons. In a horrendous manner, the accused mounted on the 9-year-old deceased, inserted her fingers into the deceased's mouth, choked her while shaking her head vigorously. Witnesses tried to stop the accused but failed. The deceased was choked to death. The post mortem report established the cause of death as cervical neck dislocation and asphyxiation. At the time of the incident, the accused was suffering from a mental disorder which manifested by being talkative, excessively reading the bible in a manner out of character, and being physically aggressive. The accused had been on medication since 2013, was released on bail in March 2014, and by the time of trial had started her own family with a husband and two children, living at Tongogara Refugee Camp.

• Whether the accused had the requisite mens rea for murder given her mental disorder at the time of commission of the offence
• Whether a special verdict of not guilty by reason of insanity should be retained under section 29 of the Mental Health Act
• What the appropriate post-verdict disposition should be for the accused

1. A special verdict of not guilty because of insanity was retained. 2. The accused was released to go and stay with her family at her official residence at Tongogara Refugee Camp.

Where an accused person was suffering from a mental disorder at the time of commission of an offence such that they lacked the requisite mens rea for murder, a special verdict of not guilty by reason of insanity must be retained under section 29 of the Mental Health Act. Further, where an accused who has been found not guilty by reason of insanity has responded well to treatment, is no longer a danger to themselves or the community, and has successfully reintegrated into society, institutionalization is not required and the accused may be released to reside with their family.

The court observed that precious human life was lost in circumstances where religious extremism was at play, describing the case as one where "under the umbrella of exorcising demons, a nine year old was strangled to death." The court characterized the unprovoked assault as "spine chilling" and "horrendous." The court also noted with approval that the accused had been taking medication religiously, had started her own family with a husband and two children, and that the refugee camp authorities were aware of her condition and medicines were readily available.

This case illustrates the application of section 29 of the Mental Health Act [Chapter 15:12] in Zimbabwe, demonstrating how courts handle cases where an accused person committed a serious offence (murder) while suffering from a mental disorder. It also demonstrates the court's discretion in post-verdict disposition, where institutionalization is not mandated if the accused is no longer a danger to themselves or society. The case highlights the intersection of religious extremism, mental health, and criminal responsibility, showing that mental disorder at the time of the offence negates the mens rea required for murder.