A Zimbabwean who allegedly fatally stabbed a rival in a fight over a girlfriend in Durban, South Africa, is now facing extradition in terms of a SADC Treaty and Zimbabwean law to face a murder trial in that country.
Tinashe Hove (20) was arrested in Zimbabwe after being on the run for a week. It is alleged that in November last year, Hove, had a misunderstanding with Theophilus Musekiwa over a girl named Lequina Chikato.
Hove allegedly stabbed Musekiwa with a knife in the upper chest, and he was rushed to Addington Hospital where he was pronounced dead on arrival.
A report was made to South African police, but he fled and returned to Zimbabwe before the authorities could apprehend him. He went into hiding in Harare where he was arrested at an unspecified location.
The Prosecutor-General of Zimbabwe, putting forward the South African request after approval by the Zimbabwean Minister of Home Affairs and Cultural Heritage, has now filed a motion at the Harare Magistrates Court requesting for the extradition of Hove from Zimbabwe to South Africa, made in terms of the provisions of the Extradition Act.
This comes after the National Prosecuting Authority received the approved application made by the director of public prosecutions of South Africa to the Zimbabwean Minister of Home Affairs and Cultural Heritage for the extradition of Hove.
Zimbabwe collaborates on legal issues with allies such as South Africa and several others in the region which it has extradition treaties under the Sadc Protocol on Extradition.
Article 2 of the protocol obliges each state to extradite to the other, in accordance with the provisions of this protocol and their respective domestic law, any person within its jurisdiction who is wanted for prosecution or the imposition or enforcement of a sentence in the requesting state for an extraditable offence.
In her application for the extradition, the principal public prosecutor Ms Farai Zachariah stated that the extradition of Hove to SA does not run foul to the provisions of the Act and will not conflict with the obligations of Zimbabwe under international and regional treaties.
She said there exists overwhelming evidence linking Hove to the commission of the offence, citing that an eye witness one David Chikore who saw him arguing with Musekiwa before the fatal stabbing.
"The accused then fled the scene and the witness gave chase but to no avail," said Ms Zachariah.
"Prior to the incident, the witness had known the accused for five years as they were countrymen."
According to the post-mortem examination report, the cause of death was a stab wound in the chest and the deceased's body had evidence of stabbing, penetrating the chest cage and right lung and hemo-pneumothorax on right side.
"In light of the above, it is respectfully submitted that the factual and legal requirements for the granting of an extradition order as per the requirements of the Extradition Act have been satisfied," said Ms Zachariah.
To ensure the domestic implementation of obligations in terms of the Sadc Protocol, Zimbabwe enacted the Extradition Act for the purpose is to provide for the extradition of persons between Zimbabwe and other countries and for matters "incidental to or connected with the foregoing".
Section 13 of the Act empowers the Minister to declare by way of a statutory instrument any foreign country to be a designated country for the purposes of Part III of the Act.
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The Extradition (Designated Countries) Order, 1990 (Statutory Instrument 133 of 1990) provides a list of countries that are designated as such. The effect of designation is that a person may be arrested, detained and extradited from Zimbabwe to a designated country for an offence in respect of which he is accused.
South Africa is a designated country in terms of SI 133 of 1990 and, therefore, has legal standing to request the extradition of persons in Zimbabwe which in terms of section must be submitted to the Minister.
Upon receipt of the request, the Minister may, if satisfied that the extradition does not violate Zimbabwean law, grant authority to a Magistrate to endorse the warrant for the arrest and detention of the accused person as well as determine the application for extradition.
Accordingly, having received a request for extradition of Hove to South Africa, the Minister consequently granted authority to proceed against Hove in terms of the Act.
