Freeman Razemba and Munyaradzi Musiiwa
SEVENTEEN people were killed, while several others were injured in the last two days in road traffic accidents in Gweru and Marondera. Chief police spokesperson Senior Assistant Commissioner Charity Charamba yesterday confirmed the accidents and urged motorists to avoid speeding and obey all traffic regulations.

She said of the 17 people, 12 died on Tuesday when a commuter omnibus they were travelling in veered off the road and overturned along the Gweru-Lower Gweru Road.

“The Zimbabwe Republic Police would like to confirm the death of 12 people and the injury of one person in a fatal road traffic accident, which occurred at the 46,5km peg along Gweru — Lower Gweru Road on September 1, 2015,” she said.

Snr Asst Comm Charamba said on Tuesday at around 7pm, Ernest Nhlanganiso (34) was driving a Toyota Hiace kombi along Gweru-Lower Gweru Road towards Lower Gweru with 13 passengers on board.

“On approaching a curve, the driver lost control of the vehicle which veered off the road and overturned once before landing on its roof across a stream.

“Ernest Nhlanganiso and 10 passengers died on the spot while the other passenger died on admission at Gweru General Hospital,” she said.

She said police had by last night identified 10 of the victims, most of them from Lower Gweru and they were Nhlanganiso, Bilet Ncube (29) of Kwekwe, Esther Ncube (68), Rejoice Sibanda (43), Gift Mapiye (32) and Johnson Mukondo (35). Others are Charity Murimwa (38), Brain Sibanda (28), Farai Marandu (49) and Cortell Mpala (24).

A witness, Mr Calisto Mguni, said the driver of the commuter omnibus appeared drunk.

“The driver of the commuter omnibus had been drinking since morning and that could have been a contributing factor,” he said.

“I was the first on the scene and I found bodies strewn around, while some were trapped in the wreckage.”

In a related incident, five people died yesterday when a commuter omnibus was involved in a head-on collision with a truck along the Harare-Mutare Road.

Snr Asst Comm Charamba said three people died on the spot while two unidentified women died on admission at Marondera Provincial Hospital.

The numbers of those who had been injured could not be ascertained by last night.

Prosper Dembedza Court Reporter
A Harare woman reportedly divorced her husband for reprimanding her against wearing trousers and miniskirts, the Civil Court heard yesterday. Henry Mandipaka claimed Chipo Chipamata ran away from their matrimonial home in protest over the issue.

Mandipaka had been arraigned before the court by Chipamata who was seeking a protection order against him.

“I used to reprimand her from wearing mini-skirts and trousers since she was now my wife, but she turned a deaf ear on me, resulting in her running away from home,” he said.

Mandipaka told magistrate Ms Babra Mateko that he never divorced Chipamata, but she was the one who ditched him.

“I still love her as my wife because I never divorced her at all,” he said.

Chipamata had submitted that Mandipaka was in the habit of coming to her house during odd hours and being violent.

“He comes to my house drunk at night with many people in his company making a lot of noise,” she said.

Ms Mateko granted the application in Chipamata’s favour which barred Mandipaka from verbally or physically abusing her.

She also ordered Mandipaka to keep peace towards Chipamata at all times.

Meanwhile, a woman teamed up with her parents to assault her husband who had ditched her, the same court heard.

Gideon Nenguwo claimed Talent Nenguwo was refusing to dress his wounds which he got in a road traffic accident.

Talent denied the allegations accusing Gideon of being the aggressor.

Ms Mateko granted the order in Gideon’s favour.

Crime Reporter
Three suspects believed to be behind a syndicate manufacturing fake United States dollar notes have been arrested in Gokwe with $2 150 in counterfeit notes.

Elisha Matongo (26), Tawanda Makwechemu (40) and Brighton Maningi (30) are suspected to have been targeting Eco-Cash agents and unsuspecting business people in order to obtain genuine notes in exchange for the fake ones.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba said the suspects were arrested last week.

“The ZRP would like to confirm the arrest of three male adults who were found in possession of fake US notes amounting to $2 150 in Gokwe,” she said.

Snr Asst Comm Charamba said the trio, driving a blue Toyota Noah (Registration number ADK 2900), went to a business centre in Gokwe at around 7pm.

Matongo approached an EcoCash agent where he intended to cash in $200 in fake two $100 notes.

“The agent realised that the money was fake and screamed for help,” said Snr Asst Comm Charamba. “Alert members of the public then surrounded the vehicle and apprehended the suspects before handing them over to the police.”

The suspects were searched and more fake notes, most of which were bearing the same serial numbers, were recovered.

“The police would like to urge members of the public to scrutinise notes before accepting them and desist from using counterfeit notes,” said Snr Asst Comm Charamba.

“Members of the public are also urged to report anyone they see or suspect to be using fake notes to their nearest police station or contact national complaints desk on telephone numbers (04) 703 631.”

In July, three people were arrested in Harare for allegedly printing fake American and South African bank notes in Sunningdale.

Daniel Kachere Court Correspondent
Three people appeared in court recently for unlawfully occupying a piece of land belonging to Zanu-PF Central Committee member and Buhera North legislator Cde William Mutomba.

Augustine Chikwara (36), Tendai Mubhandi (30) and Pamela Jackfama Kumpanyira (30) face charges of contravening section 3 (1) of the Gazetted Land (Consequential Provisions) Act Chapter 20:28 — Occupation of gazetted land without lawful authority.

The trio was granted $500 bail each and ordered to report every Friday at CID Law and Order. They will be back in court on September 29 for trial.

The trio formed Mirandu Youth Housing Cooperative together with seven others still at large.

They identified the remainder of Eyre Court Farm in Waterfalls measuring 72 hectares, a gazetted piece of land belonging to the Ministry of Local Government, Public Works and National Housing which they subdivided into residential stands.

These were then allocated to members of the cooperative .

The land was being leased to Cde Mutomba with an option to purchase it.

The court heard that Cde Mutomba visited the place in June and discovered that it had been occupied and reported to the police.

Walter Nyamukondiwa Chinhoyi Bureau
Three villagers from Makonde in Mashonaland West have been sentenced to eight months in prison each for assaulting lands officers pegging unoccupied plots at a farm in Chinhoyi.

Robert Shiri (44), Nyasha Mutandwa (21) and Moila Chamonyonga (41) were arrested together with Lungisani Ncakani (47) and Lovemore Dova (30) recently at Portlett Estates for assaulting the lands officers.

The five appeared before Chinhoyi magistrate Mr Ngoni Nduna facing assault charges in contravention of Section 89 of the Criminal Law (Codification and Reform) Act.

Mr Nduna acquitted Ncakani and Dova but convicted Shiri, Mutandwa and Chamonyonga on their own plea of guilt.

He sentenced the three to 15 months in prison each before setting aside seven months for five years on condition that they do not commit a similar offence in the same period.

Prosecutor Mr Tinashe Dzvova said that on August 21 this year, lands officers Jeffrey Msamila and Tapera Tawacha were assigned to peg six A1 plots at Portlett Estates in Makonde district.

As they were carrying out their job, they were confronted by the five who started assaulting them with logs and fists.

Both lands officers had their spectacles damaged in the process.

Efforts to identify themselves were ignored by the five who went on to detain them for about two and half hours.

They were only rescued after the arrival of police officers who arrested the five.

Mr Kuwaza

Daniel Nemukuyu Senior Court Reporter
The decision by the State Procurement Board chairman Mr Charles Kuwaza to unlawfully fire a finance director, has proved costly as the board is now set to have its property attached to pay off outstanding salaries and damages amounting to $447 000.

Mr Cosmas Neshamba, who was responsible for finance, administration and human resources, was fired unlawfully and got an award for reinstatement at arbitration.

SPB did not reinstate him and it appealed to the Labour Court where the case was again thrown out for non-compliance with the Labour Court rules.

The board had appealed at the Labour Court out of time and it also sought to file its heads of argument out of time.

SPB’s bid to contest the reinstatement of Mr Neshamba reached a dead end when Labour Court judge Justice Lilian Kudya last week threw out the board’s application for late filing of an appeal.

The dismissal of the application gave the green light to Mr Neshamba to instruct the sheriff to attach SPB’s property.

“Consequently, the court is of the view that there is no need at all to delve into the niceties of what the applicant’s representatives deposed to in their affidavits as that is of no moment in the instant case,” ruled Justice Kudya.

“The application being ill-placed should, therefore, fail. It is ordered that application for condonation of late filing of heads of argument being improperly before the court, it is hereby dismissed with costs.”

Matsikidze and Mucheche law firm represented Mr Neshamba while the Attorney General’s Office acted for SPB.

Mr Neshamba claims that the SPB defied an arbitration judgment directing that he must be reinstated with full benefits, and he successfully claimed salary arrears calculated from the date of the unlawful suspension in 2008 to the date of the order for reinstatement.

Mr Neshamba, through his lawyers, said he had instructed the sheriff to attach SPB property to recover the debt.

“We have since instructed the sheriff to attach property from SPB to settle the debt,” said Mr Neshamba.

Snr Asst Comm Charamba

Freeman Razemba Crime Reporter
A nine-year-old boy accidentally shot and injured his brother in the stomach with a pistol in Waterfalls, Harare, last week. The boy got hold of the gun which belonged to his father and had been left unsecured.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba confirmed the incident and said the victim aged 10 sustained moderate injuries following the incident.

“The Zimbabwe Republic Police would like to confirm a shooting incident committed by a nine-year-old boy on August 27, 2015 in Waterfalls, Harare,” she said.

“On the said date at around 1000 hours, the father of the two boys who owns some businesses in Harare left his two sons aged nine and 10 years at his residence.”

Snr Asst Comm Charamba said the two boys entered their father’s bedroom and got hold of the unsecured firearm.

“The younger boy tempered with the firearm and accidentally shot his elder brother in the stomach and he sustained moderate injuries,” she said.

The injured boy was taken to hospital for treatment and police were investigating the case.

Snr Asst Comm Charamba said they were urging members of the public to safeguard their firearms by ensuring that they were properly secured in a gun cabinet or under lock and key, out of reach of children.

This is not the first time that unsecured firearms have been found in wrong hands, especially of young children and teenagers.

In 2012, two Harare teenagers allegedly ambushed and shot at six cars on separate occasions in one night while wearing camouflaged clothing.

Taylor Cameron (19) and his 17-year-old friend were facing 10 counts of attempted murder after they allegedly hatched a plan in July 2012 to shoot at motorists passing through the intersection of Leopold Takawira Street and Cork Road.

It was alleged that they hid in a ditch and shot at motorists passing through the robot controlled intersection.

Childhood gun and shooting accidents are not rare and they are one of the top 10 leading causes of accidental death for all age groups outside of newborns and infants in the United States.

In 2007, there were 122 unintentional firearm deaths of children, and an additional 3 060 non-fatal gun and shooting accidents, which resulted in an estimated 1 375 children needing to be hospitalised for their injuries in that country alone.

Daniel Kachere Court Correspondent
A woman wept uncontrollably in court yesterday when her husband was sentenced to 12 months imprisonment for cultivating 13 dagga plants at their Borrowdale home in Harare.

Harare magistrate Mr Elijah Makomo suspended six months for five years from the sentence on condition that Garth David Hamp-Adams (46) does not commit any dagga related offence.

In passing sentence, Mr Makomo noted Hamp-Adams was a first offender and did not waste the court’s time by pleading guilty.

Prosecutor Ms Tinashe Makiya told the court that on Tuesday this week detectives received information that the accused was cultivating dagga at his house.

They went to number 22 Honeybear Lane, Borrowdale, in the company of police dog section details.

On arrival they met Mr Giles Guinnes, accused’s father-in-law who allowed them to search the premises after informing him of their mission.

A search was conducted in the house but nothing was found.

The detectives proceeded to the accused’s garage which they found converted into a green house.

A total of 13 plants of dagga were discovered, seven of which were planted in buckets and the other six in plastic bags.

Guinnes advised them that they belonged to Garth who was not present at the house during the searches.

The detectives took the dagga plants whose average height was 30 centimetres to the police station where the accused later turned himself in.

In mitigation Garth’s lawyer, Mr Belvin Bopoto of Maesera and Partners submitted that the accused was a law-abiding citizen who suffered from a rare bone ailment and used the oil from the plants to treat it.

He said giving the accused a custodial sentence would exacerbate his condition and, therefore, opted for a reformative sentence.

Mr Makomo stated that there was no proof of any documentation concerning the alleged ailment and that cultivation of dagga was a serious offence as the act is prohibited in Zimbabwe.

Following the ruling, Mr Bopoto said he was going to appeal against the sentence at the High Court.

Daniel Kachere Court Correspondent
A 24-year-old man was yesterday sentenced to an effective 10 years imprisonment for committing a spate of armed robberies targeting service stations in and around Harare. Tatenda Chimutanda was also sentenced for unlawful entry and unlawful possession of a firearm.

Harare magistrate Mr Noel Mupeiwa sentenced him to 10 years for armed robbery and suspended two years on condition that he does not commit similar offences in five years.

He also sentenced him to a further 23 months for unlawful entry and unlawful possession of a firearm and suspended five months on condition that he does not commit similar offences within five years.

Chimutanda will serve an effective nine years six months. Prosecutor Ms Tinashe Makiya told the court that on August 20 Chimutanda, a former employee of Afdis in Nyanga, called his former workmate Gideon Mironga, a guard at Troutbeck Cottages and lied that a parcel for his workmate Kevin Tombo had been delivered at the main gate.

Mironga then left his guard point and went to the main gate to collect it. Chimutanda used a fireguard at the premises to unlawfully enter the premises and went to Tombo’s house where he broke in and stole a 22 calibre Smith and Wesson revolver, serial number 705360.

On August 25, at around 2am, the accused went to Zuva Service Station in Southerton, Harare, armed with the revolver. He approached Milton Shereni who was on duty and told him that he wanted fuel worth $3 while holding a five-litre plastic container.

Shereni was offered the money and filled the container before Chimutanda drew the revolver and ordered him to surrender all the cash he had in possession. Shereni told Chimutanda that he had no money except for the $3. He ordered Shereni to fill the container and fled.

On August 26, he approached Elias Chivasa who was on duty at Engen Service Station in Glen View 8 at around 2:30am and purported to purchase fuel valued at $2 using the same modus operandi.

The complainant first refused, but the accused said he wanted the fuel to ferry his sick mother to hospital. He then complied but Chimutanda drew a revolver and made him surrender $258 he had in his possession. On August 31 at around 3am, he approached Admire Daitiro who was at Total Service Station along Simon Mazorodze Road in Mbare.

He pointed the revolver at a security guard Malvin Denhere who was manning the service station ordering him to surrender the money they had. Denhere pushed the accused who fell to the ground before firing a single shot into the air. Daitiro tried to run away but was pursued and ordered to surrender the $220 he had in his possession.

On the same day Chimutanda approached Dominic Semba who was on duty at Trek Service Station along Chiremba Road. Accused robbed his victims of a total of $485 of which $211 was recovered.

Mercy Kamanura

Fungai Lupande Court Reporter
Black Opal Face of Zimbabwe second princess Mercy Kamanura appeared in court yesterday charged with stealing a jumpsuit worth $40 from Edgars. Kamanura (24) of house number 13190 Unit N, Seke in Chitungwiza, appeared before Harare magistrate Ms Tilda Mutambanashe to answer to theft charges.

Prosecutor Mr Richard Makondo told the court that Kamanura used to frequent Edgars VIP customer stores. On Tuesday she entered Edgars at corner Kwame Nkrumah Avenue and First Street around 5pm. She allegedly pretended that she wanted to buy clothes and took three dresses to the fitting room.

Kamanura later emerged from the fitting room with two dresses. She returned the two dresses. When a security guard searched her at the exit point, he found a jumpsuit in her handbag. It is alleged the model lied that she bought the jumpsuit at Edgars Joina City branch.

The alert security guard dashed to the fitting room where Kamanura had tried the dresses and found the price tag that was attached to the jumpsuit discarded. She failed to prove that she bought the jumpsuit and was promptly arrested.

jailLovemore Meya Court CorrespondentA 44-year-old divorcee in Chitungwiza who fell in love with a 15-year-old girl and impregnated her was last Friday slapped with an effective three-year jail term because the girl was under the age of consent. The girl is now five months pregnant.

Brian Manyimo of 2624 Unit B intercepted the Form 3 girl in January this year when she was coming from school and proposed love to her, but she did not give him the response.

He persisted with his demands and the girl yielded. Manyimo then asked her to visit him at his house. The girl passed through his house from school the following day and entered his bedroom where she sat on the chair, while Manyimo was on the bed.

The court heard that they had unprotected sex with the girls’ agreement. The girl would continue visiting Manyimo for sex and their relationship came to light when she visited her aunt in Mutare in August who discovered that she was pregnant.

The aunt alerted the girl’s mother who escorted the girl to the police to report the matter. Appearing before Chitungwiza magistrate Mr Lazarus Murendo, Manyimo pleaded guilty to charges of sleeping with a young person.

He was slapped with a four-year jail term with a year suspended for five years. His lawyer Mr Nyasha Jonasi of Kachere Legal Practitioners had prayed with the courts to be lenient with Manyimo as he was a first offender.

Mr Murendo likened Manyimo’s behaviour to that of a vulture and said that the huge age difference was an aggravating factor. “The accused (Manyimo)’s behaviour is equated to a vulture who preyed on a young girl for his lust and to quench his sexual desires on her,” he said.

“You should have been the father to the girl, as you yourself have a daughter aged 9, but you salivated and ravished her.” Mr Norman Koropi prosecuted.

Fidelis Munyoro Chief Court Reporter
The extradition of the Zimbabwean housemaid who allegedly stole R1,5 million, hundreds of euros and British pounds from her employer in South Africa early this year has been put on hold until a proper application is made.

Constance Mujeyi (28) allegedly swindled her former employer and fled back home with her loot.

Harare magistrate Mr Francis Mapfumo two weeks ago advised Mujeyi, who is being charged along with her two brothers Watson Laiton (27) and Mathew Laiton (23), of their extradition to South Africa for trial.

The extradition was supposed to be carried out on August 28. But the trio’s lawyer Mr Norman Mugiya hastily filed an urgent chamber application at the High Court challenging the extradition on the grounds that the order was defective.

Justice Esther Muremba heard the application sitting in her chambers last Friday. The hearing culminated in both parties’ lawyers agreeing to a consent order provisionally halting the extradition. Mr Mugiya argued that there was a pending matter before the same court barring the extradition to South Africa, saying it was unlawful.

The pending matter was filed under case Number HC6891/15. Mr Mugiya argued that the magistrate and the State represented by Chief Law Officer Mr Chris Mutangadura had not complied with the provisions of the Extradition Act.

After hearing submissions from both parties, it was suggested that the parties agree to a consent order provisionally stopping the extradition until the matter is finalised.

“The ruling that was handed down by the court a quo (lower court) on August 19 2015 notifying the accused persons that they will be extradited to South Africa within a week be and is hereby set aside,” read the consent order signed by both parties lawyers.

“The applicants have a right to respond to the State’s application for extradition before a decision is made by the court before which such application may be made.”

The move to extradite the trio follows a request by South Africa’s National Prosecuting Authority (NPA). Mujeyi allegedly hatched a plan to steal from Veronica Wilkins and roped in her brothers, who helped her flee to Zimbabwe. They reportedly built a house in Zengeza 5, Chitungwiza, and bought a car before concealing the balance.

The three now face two counts of theft and money laundering. According to the State, on May 11 Mujeyi stole the money from Wilkins’ bedroom and handed it over to Watson and Mathew, who were also working in South Africa.

It is the State’s case that the three assisted the police in recovering part of the money and the purchased vehicle was confiscated by police as an exhibit.

Fungai Lupande Court Reporter
A prison officer who mocked inmates at Chikurubi Maximum Security Prison saying his colleagues were having quality time frying sausages with the prisoners’ wives while they rotted in prison triggered the failed jailbreak early this year.

This came out at the start of the trial of the nine inmates last Thursday accused of masterminding the foiled jailbreak. One of the accused, Blessing Chauke (25), said they were incensed by the prison officer’s remarks and could not stomach that their wives were having sexual relations with the officers.

Chauke is jointly charged with convicted RMG Independent End Time Message leader Robert Martin Gumbura, armed robber Lucky Matambanadzo (39), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38).

“On February 14, a prison officer guarding inmates mocked us saying he and his colleagues were having a nice time with our wives while we languish in prison,” he said.

Chauke said the riot was also exacerbated by inedible sadza which came with expired Royco Usavi Mix and that the prisoners’ food was below the dietary scale.

“We rarely eat a balanced diet,” he said. “Royco is a relish mix not a water mix and only pigs cannot tell the difference. They also supplied expired anti-retroviral drugs and a number of inmates unfairly lost their lives.

“Inmates requested to see the Minister of Justice, Legal and Parliamentary Affairs or parliamentarians. We were told that the minister had better business to attend to and parliamentarians have no time to come and attend to us.”

Chauke said weeks later, prisons Deputy Commissioner General Agrey Huggins Machingauta told them that they were right to protest against unpalatable food because the only human right ZPCS could withhold was their liberty.

“The living conditions worsened at Chikurubi Maximum Security Prison and inmates resolved to approach the officer-in-charge,” Chauke said. “When we went to see the officer-in-charge no one talked about escaping, burning blankets, assaulting officers or causing havoc. What we all wanted was just food. We agreed to collectively deny eating anything unpalatable served as food.”

Deputy officer-in-charge promised that beans would be served that afternoon. We clapped hands and while he was still addressing us, sadza with vegetables was served. He laughed and looked into the sky.

“Immediately noise started in Hall D and the deputy officer-in-charge proceeded there.

“Riot police arrived and we were ordered to remain seated. We heard multiple gun shots and we rushed to peep though windows in Hall D. Suddenly officers started shooting at us. There was a stampede and I hid in the exercise yard.” The nine are serving sentences ranging from 12 to 40 years.

They are facing charges of attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively conspiracy in aggravating circumstances for allegedly maliciously damaging property charges.

They are also facing charges of incitement to assault or resist a law officer. Gumbura, who is represented by Mr Tapson Dzvetero, also offered his defence saying he was being prosecuted because he is famous. The nine appeared before magistrate Mr Francis Mapfumo, while Mr Michael Reza prosecuted.

Peter Chikumba

Fidelis Munyoro Chief Court Reporter
The High Court has ruled that jailed former Air Zimbabwe Holdings chief executive Peter Chikumba’s application for bail pending appeal should be heard because it is likely he was wrongly charged in the Magistrate’s Court where he was convicted and jailed.

The charge he was convicted on can only apply to public officers and his appeal is based on the fact that Airzim staff are not public officers. Justice Joseph Martin Mafusire last Friday made the ruling after the prosecution raised a preliminary point objecting to Chikumba’s fresh bid for bail.

He said Chikumba’s argument that he was wrongly convicted cannot be discounted and was fundamental to the legitimacy of the proceedings in the lower court. The judge was of the view that chances were strong that the proceedings under which Chikumba was convicted were a nullity at law.

“The point being brought by the applicant (Chikumba) is so fundamental,” said Justice Mafusire.

RELATED STORIES

• Airzim fraud: Perm sec in court

• Chikumba in fresh freedom bid

• Jailed Air Zimbabwe bosses wrongly convicted: Lawyers

• Pfumbidzayi offers 3 houses for bail

• Navistar bosses oppose State appeal

• Honeymoon over for Navistar bosses

“It goes to the root of the charge and conviction at the magistrate’s court. If it turns out that the applicant was wrongly charged and convicted, he must be entitled to his liberty immediately.”

Justice Mafusire agreed with the defence led by Advocate Thabani Mpofu that the application arose after it was discovered that Chikumba was wrongly convicted in the Magistrate’s Court after being designated as a public officer when in fact he was not.

“None of the parties during trial and even on bail hearing before Justice Tagu and before Justice Mawadze in the initial bail application was alive to it.” To this end, the judge ruled that Chikumba’s application for bail pending appeal on changed circumstances was properly before the court and he wanted to deal with the merits.

After the ruling, prosecutor Mr Innocent Muchini immediately sought a postponement saying he needed time to prepare a comprehensive response. The application was granted after Adv Mpofu instructed by Mr Admire Rubaya indicated that he was not opposing the postponement. The application will be heard tomorrow.

Earlier on, the judge took prosecutor Mr Muchini to task over his objection and asked him to show the court the proviso in the statutes, which defined Chikumba as a public officer.

Mr Muchini had a torrid time and was at pains to defend the conviction. “You are treading on the dangerous territory,” said Justice Mafusire.

Air Zimbabwe Holdings, said the judge, was not a parastatal, but a private company established in terms of the Companies Act.

Justice Mafusire referred to several cases in which it was settled that Airzim was a private company.

He said a look at the trial proceedings and records of proceedings before two other judges on the same case clearly showed that the question of whether Chikumba was a public officer was never dealt with.

The judge also accepted Adv Mpofu’s submissions that the law was clear that the application he brought could be made based on facts which were not placed before a judge who determined the previous application.

It was Adv Mpofu’s argument that when the original application for bail pending appeal was made, Chikumba, the state, the lawyers, trial court and the judges who dealt with the previous bail applications were all blind to the matter he raised.

In the end, the question whether or not Chikumba was a public officer was never determined, argued Adv Mpofu. The prosecution had raised a preliminary point arguing that the application was improperly before the court.

It was also argued that the High Court had no jurisdiction to hear the matter which it has already determined. Chikumba was convicted and jailed seven years effective for criminal abuse of duty under the Criminal Law (Codification and Reform) Act.

A charge of criminal abuse of duty is only applicable to public officers as defined in the country’s statutes. In view of the changed circumstances, Chikumba believes that his prospects of success on appeal are high and seeks to be freed on bail since it is clear that the Criminal Law Codification and Reform Act, excluded Air Zimbabwe Holdings (Private) Limited workers from the list of public officers.

Prosper Dembedza Court Correspondent
A Harare man stabbed his sister with a knife and broke her arm as punishment for refusing to join his church, the Civil Court heard yesterday. Sofia Marovha claimed her brother Tafirenyika was violent towards her and other siblings. She was seeking a protection order against Tafirenyika whom she accused of chasing her and their siblings from their late parents’ house where they are both staying.

“My brother is very abusive and at one point he stabbed me with a knife and broke my arm while accusing me of refusing to attend his church,” she said.

Marovha told magistrate Mrs Barbra Mateko that Tafirenyika was also chasing her and their siblings out of the house over the church issue.

“We are having problems with my brother at our late parents’ house because he claims to be the owner since he is the first born child,” Marovha said.

Marovha told the court that Tafirenyika always boasts that he is connected to the police and will never be arrested.

“I want this honourable court to protect me and my siblings against my brother as he is in the habit of physically and verbally abusing us,” she said.

Tafirenyika denied the allegations saying he only physically abused his sister once.

“I dispute all her accusations because I am not in any way breaching her peace, neither am I abusing my other siblings,” he said.

Mrs Mateko granted the order in Marovha’s favour which barred Tafirenyika from verbally or physically abusing her.

She also ordered Tafirenyika not to chase Marovha or any of their siblings out of the house saying they share the same rights over the house.

Thupeyo Muleya Beitbridge Bureau
A 31-year-old police officer stationed at Beitbridge Border Post was yesterday fined $500 for using a counterfeit receipt book to collect fines from undocumented immigrants coming into the country. Illegal immigrants who enter the country are fined $10 or R100 for entry by evasion under the provisions of the Immigration Act.

Define Ndere of House Number 1127 Medium Density in the border town had initially been jointly charged with her workmate Tendai Machanzi of House Number 982 in the same suburb, who was later acquitted following a fully contested trial. Through her lawyer, Patrick Tererai of Tererai Legal Practice, Ndere pleaded not guilty when the trial opened before magistrate Mr Innocent Bepura but was convicted on the strength of overwhelming evidence.

She was sentenced to five months’ imprisonment with an option of paying $500 in fine and the five months were further suspended for five years.

Prosecutor Mr Muchiwande Sithole told the court that the pair was deployed to the police post within the border. He said on March 29, they commenced duty at around 11pm where Machanzi was the officer-in-charge and he received nine Z69 (J) police receipt books during hand over and takeover of office from the previous shift leader.

The accused persons were working at the police post where among others their duties included receipting of deposit fines from offenders. Mr Sithole said at around 2355 hours, one Assistant Inspector Hilary Sibanda and Chief Inspector Godwin Mutanga arrived at the police post on an anti-corruption spot check.

The court further heard that Sibanda noticed that Ndere was using two Z69 (J) books to receipt deposit fines prompting him to enquire. Ndere then indicated that she had been given both books by Machanzi who was the officer-in-charge.

Sibanda then checked both books and discovered that they had serial numbers 103/15 with receipt serial numbers ranging from 0690201 to 0690250 and that Ndere had receipted R6200 from serial numbers 0690201 to 0690231. On the other receipt book Ndere had receipted R10 000 and the book was filled up. Further checks revealed that Machanzi had witnessed all the receipts and that the same book was completed on all portions except on the names of the persons only.

Sibanda then called Mutanga and more investigations were carried out. Machanzi was requested to produce all the receipt books he had received from the previous shift. Instead of nine, the accused brought in 10 books. It was then established that the original book with serial numbers 0690201 to 0690250 was Beitbridge Urban Book number 95/15, filled up on 28 March and that the same book was also on the Beitbridge police official records.

Further interrogations revealed that the receipt book 103/15 which the accused persons were using, was fake and had no matching police features. The duo was in turn arrested and both the original and counterfeit books were recovered along with the R6200. The State suffered a prejudice of R3800 in revenue.

Prosper Dembedza Court Correspondent
THERE was drama at the Harare Civil Court yesterday when two police officers, a man and a woman, fought over a maintenance claim verdict before being arrested and whisked to the police post by colleagues stationed at the court. Gloria Moyo attacked her husband who is also a serving ZRP member in protest over a maintenance order compelling him to pay $40 for the upkeep of their child.

This was instead of the $70 she was claiming. Court police officers responded quickly and took Moyo and Ngonidzashe Zvomatsai to their post. It was later established that Moyo and Zvomatsai are both serving members in the Zimbabwe Republic Police.

While in the police post, Zvomatsai told the officers that the attack might have been sparked by the court’s decision to reduce the money which Moyo was claiming. “She attacked me soon after stepping out of the courtroom and I think she was angry because the court had granted the $40 which I had offered considering my responsibilities,” he said.

Moyo could not respond to questions that were being asked by police officers on what had triggered the attack. Moyo had earlier on told magistrate Ms Gamuchirai Siwardi that she wanted $70 per month for the upkeep of their child. Zvomatsai offered to pay $40 for the child saying he was also taking care of three children he had with another wife.

Ms Siwardi ordered Zvomatsai to contribute $40 per month towards the upkeep of his child.

Lovemore Meya Court Correspondent
A 73-YEAR-OLD Seke man raped a 13-year-old Grade 7 pupil and gave her a mobile phone in a bid to silence her. Cloud Kaseke of Chigumbu Village was arrested after the victim showed her friends the phone. The friends alerted the girl’s grandmother who interrogated the minor and she opened up. Allegations are that Kaseke met the girl on July 25 as she was on her way from another village.

He invited the girl to his house after lying he had a message for her grandmother. Kaseke reportedly proposed love to the girl who turned him down. He then dragged her into his bedroom where he raped her. Kaseke then gave the girl a Samsung Yateley mobile phone with instructions not to reveal what had happened.

The abuse was only exposed when the girl showed her friends the phone who alerted her grandmother. The matter was reported to the police, leading to Kaseke’s arrest. Kaseke denied the charges when he appeared before Chitungwiza regional magistrate Mrs Estere Chivasa.

Kaseke is out of custody on $50 bail. He was remanded to Friday.

Court Correspondent
Chitungwiza Mayor Phillip Mutoti, who was facing charges of harassing and assaulting his wife Alice Kuvheya (31) after accusing her of stealing his $50, was acquitted last week owing to lack of evidence. Mutoti (44) of St Mary’s in Chitungwiza denied the charges before Chitungwiza magistrate Ms Rekina Dzikiti.

In handing down judgment, Mrs Dzikiti said, “There were three dates mentioned during trial and the complainant (Kuvheya) did not deny that. She said the assault took place on March 12 and reported it the following day. “She was examined on July 24 and the medical doctor who examined her told the court that she sustained soft tissue injuries, which by the time would have healed.”

Mrs Dzikiti further said if Kuvheya had been assaulted in March, medical documentation tallying with the dates should have been produced in court. Instead, she only reported the matter in July after Mutoti allegedly continued to assault and threaten her.

“I am not a medical doctor per se, but if someone gets assaulted they cannot be swelling for four months,” she said. “I am satisfied that there is no evidence produced in court to convict the accused. He is accordingly found not guilty and acquitted.”

Mrs Dzikiti said the case which was supposed to be before her was the one when Mutoti was alleged to have pushed and threatened his wife in July when she reported the matter. This was after Kuvheya, during trial, told the court that she was assaulted on March 14, but on the court papers it was said the incident took place on March 12.

During cross examination by Mutoti’s lawyer Mr Fred Machokoto of Machokoto and partners, Kuvheya failed to tell the court why it took her so long to be examined. Mr Machokoto requested the presence of Kuvheya’s doctor Ngoni Godfrey Mwakuweni to comment on her medical affidavit after conflicting dates were mentioned in court.

Allegations were that on March 14 this year Mutoti had a misunderstanding with Kuvheya over $50 and he assaulted her.

Mrs Ntombikayise Nleya prosecuted.

Godwin Gomwe

Fungai Lupande Court Reporter—-
Convicted former Zanu-PF Harare Youth League chairperson Godwin Gomwe has appealed against his conviction and 70 hours of community service at the High Court. Gomwe (34) was convicted of criminal insult and contravening section 88 (c) of the Post and Telecommunications Act on August 25. Harare magistrate Mr Takunda Mtetwa sentenced Gomwe to one month in prison on each count which was wholly suspended on condition that he performs 70 hours community service at Budiriro Primary School in Harare.

In his notice of appeal at the High Court, Gomwe argued that Mr Mtetwa misdirected himself. “The magistrate erred in respect of both counts by failing to analyse the evidence of each witness who testified, not making findings on the credibility of each of the witnesses and not justifying why the version of the appellant was rejected in favour of State witnesses,” reads the notice.

“The court was misdirected in finding that appellant uttered the alleged offensive words to the complainants. There was no legal or factual basis to tilt the scales in favour of the State.”

Gomwe yesterday sought to have his community service suspended pending the High Court appeal. The application was postponed to today because the prosecutor who handled the case was not available. Gomwe insulted Winnie Madekufamba (52) on December 5 last year during the Zanu-PF National People’s Congress.

He called her a “Gamatox” and a witch. Gomwe shouted at the woman saying he could have sexual intercourse with her and her goblins until they felt dizzy. He also threatened to incite other party youths to assault her. On May 6 this year, Gomwe phoned Abraham Samushonga and insulted him using unprintable words.

Samushonga placed his phone on the speaker so that a friend he was with could hear the insults and be a witness.