Fungai Jachi Court Correspondent
A Harare man allegedly connived with his wife to pretend that she was in love with a 45-year-old man who they kidnapped.

They also confiscated his Jeep Cherokee worth $45 000. Keostepile Dube (32) and Ruvimbo Chitiyo (25) appeared before Harare magistrate Mr Francis Mapfumo charged with kidnapping.

Dube was remanded in custody, while Chitiyo was granted bail by the High Court. They are expected back in court today for trial continuation.

Prosecutor Mr Peter Kachirika alleged that on September 16 this year, Dube and Chitiyo approached Mr Taurai Munikwa and accused him of having an affair with Chitiyo.

The court heard that the couple took Mr Munikwa to their house.

It is alleged that upon arrival, Dube pushed Mr Munikwa into the house and locked the door from inside and gave the keys to Chitiyo who was standing outside.

Dube allegedly declared to Mr Munikwa that he was a trained soldier and was going to teach him a lesson.

It is the State’s case that Dube went on to open a tool box where he took a rope and a chain.

Dube allegedly tied Mr Munikwa’s hands and legs before he struck him with the chain.

The court heard that Mr Munikwa offered Dube money to save his life after he was struck by the chain on his head.

Dube forced Mr Munikwa to write a confession which stated that he would pay him $5 320 of which $5 000 was for damages for having an affair with his wife.

It is further alleged that Dube and Chitiyo went on to confiscate Mr Munikwa’s Jeep Cherokee worth $45 000 as surety for payment.

The couple was arrested after a trap was set for them on the day they intended to collect part of the money at Mr Munikwa’s house.

Daniel Nemukuyu Senior Court Reporter
Chief magistrate Mr Mishrod Guvamombe has launched investigations into the case in which a Gokwe magistrate allegedly lost cash and valuables worth $330 to a 21-year-old prostitute in Harare.

Pamela Hamandawana of No. 11 Mupani Street, Chitungwiza, allegedly teamed up with other prostitutes to assault and rob magistrate Mr Shepherd Munjanja, who she said was her client.

Earlier reports identified Mr Munjanja as a regional magistrate, but it turned out that he was an ordinary magistrate based in Gokwe.

In terms of the judicial service regulations, engaging in prostitution activities is tantamount to bringing the judiciary into disrepute.

If the investigations show that indeed Mr Munjanja had gone to the prostitute for intimacy, he is likely to be charged for misconduct.

Mr Guvamombe said his office was still trying to establish the circumstances surrounding the assault and robbery.

“The Chief Magistrates Office is investigating the case to establish whether the magistrate’s actions were proper under the circumstances,” he said.

“The magistrate involved in the case is an ordinary magistrate and he is not a regional magistrate. We only have one regional magistrate in Gokwe and he is not linked in any way to the matter.”

Hamandawana has since appeared before Harare magistrate Mr Francis Mapfumo charged with robbery and was remanded in custody to November 6 for trial.

She told the court that she had not robbed Munjanja (34), but only knew him as her client.

“He was robbed by Chipo and Tafadzwa who handed the property to me,” she said. “Chipo claimed that he owed her some money since he had failed to pay her for the night he had spent with her.”

The prosecutor Mr Peter Machirika alleged that on October 26 this year, around 7am, Munjanja was sitting in his car at Pirrele Tyre Shop in the city.

The court heard that Munjanja was approached by a man who claimed to have a tyre and rim for sale.

It is alleged that the man lured Munjanja to Treckerel Court, which is used as a brothel.

The man lied to Munjanja that they were offices and allegedly shoved him into a room where Hamandawana and two other women were waiting.

Hamandawana and her accomplices allegedly assaulted Munjanja, accusing him of having raped one of them the last time he had visited the brothel.

Hamandawana and her accomplices went on to steal $156, bank cards, fuel coupons worth $179, a driver’s licence, car keys and a note pad from Munjanja, it is alleged.

They ordered Munjanja to go to the bank to withdraw more money.

Munjanja, in the company of Hamandawana, hired a taxi and headed for Stanbic Bank, but took to his heels when they were dropped off.

Hamandawana was later arrested after Munjanja reported the matter to the police and only valuables worth $180 were recovered.

Fidelis Munyoro Chief Court Reporter
The Constitutional Court has released reasons for its judgment made last year dismissing Prosecutor-General Johannes Tomana’s application to set aside a Supreme Court ruling ordering him to issue a certificate of private prosecution against Telecel Zimbabwe (Private) Limited shareholder Ms Jane Mutasa.

This followed the case in which Tomana was sentenced to a 30-day suspended imprisonment term by the same court on Wednesday for defying two court orders to issue certificates of private prosecution against Bikita West legislator Dr Munyaradzi Kereke and Ms Mutasa.

In the reasons released on Thursday for the Telecel judgment made last year by Justice Elizabeth Gwaunza, the court found out that Tomana failed to demonstrate a constitutional basis for approaching the Constitutional Court.

Justice Gwaunza said Tomana had no basis to challenge the Supreme Court ruling ordering him to issue Telecel with a certificate of private prosecution against Ms Mutasa on charges of fraud involving more than $1,7 million in airtime recharge vouchers.

The Constitutional Court in October last year threw out Tomana’s bid to block the prosecution of Ms Mutasa, without giving reasons for the ruling.

In that case, Tomana was represented by Mr Alex Mambosasa who was taken to task by the full bench of the Constitutional Court to explain the basis upon which the application had been brought to the highest court.

Mr Mambosasa, who clearly showed that he had missed the “legal bus” when he appeared before the nine-member panel of judges, reclined to making concessions to evade the thunder from the inquisitive bench.

The court wished to hear from Tomana whether he had established a basis for approaching the Constitutional Court with the application which the court or his lawyer could not understand if it was an appeal or application.

In her judgment, Justice Gwaunza ruled that while Tomana did not specifically state in his application, in reality he was appealing against the Supreme Court decision under the guise of an application.

“This is abundantly evident from the relief that is outlined in his draft order,” said Justice Gwaunza. “It is even more evident from his summary of background to the intended application.”

Tomana had in his appeals, indicated that he wished to approach the court for an order setting aside the Supreme Court judgment on the basis that it interfered with the independence of his office and as such it was ultra-vires provisions of section 260 of the Constitution of Zimbabwe.

To this end, Justice Gwaunza said such issues did not meet the requirement for inclusion into matters over which the Constitutional Court had jurisdiction.

“. . . upon a proper interpretation of the relevant provisions alluded to in this context, the judgment of the Supreme Court on these matters, which the applicant sought to have reversed, was final and definitive,” she said.

“It is a decision that may not be interfered with by this court. Thus, in as much as the application failed to meet the test for direct approach to this court, it meets the same fate in relation to any notion (expressed or implied) of an appeal against the decision of the Supreme Court.”

Tomana sought to bring his application in terms of Section 167(1) (a) and Section 176 of the Constitution of Zimbabwe.

Justice Gwaunza ruled that Tomana’s attempt to file his application in terms of these sections was based on the misapprehension of the meaning and effect of Section 167(1) of the Constitution.

She said the only way Tomana could have validly brought an application directly to the Constitutional Court would have been in terms of section 85(1).

“The applicant’s papers, therefore, did not demonstrate a constitutional basis for the direct approach that he sought to adopt in bringing the application before this court,” she said. “To that extent, the concession made for him that the application had no leg to stand on was validly made.”

Mutasa was arrested in 2010 along with the company’s commercial director, Naguib Omar, for allegedly stealing airtime vouchers worth over $1,7 million.

Mr Mambosasa had argued that Tomana declined to issue the certificate of private prosecution because investigations had established that no offence had been committed.

He argued that the decision of the Supreme Court infringed upon provisions of the Constitution of Zimbabwe in that it sought to interfere with Tomana’s constitutional function to decline to issue a certificate in a case where facts of the matter did not point to the commission of an offence.

But Telecel, which was being represented by Advocate Richard Fitches, instructed by Mr Isaiah Mureriwa of Scanlen and Holderness, argued that Tomana only had a constitutional right of independence insofar as determining whether or not to prosecute at public instance was concerned.

Where he cannot prosecute, Telecel argued, the Prosecutor-General should issue a certificate for private prosecution once approached by any person who has a substantial interest in the case and has evidence that a crime was committed.

Cde Dinha

Fidelis Munyoro Chief Court Reporter
Mashonaland Central Provincial Affairs Minister Martin Dinha yesterday requested the de-classification of certain State secrets which he wants to use in sorting out his defence in his trial on extortion charges at the High Court.

He appeared before Justice Happias Zhou where he made an application to postpone the trial in which he is accused of extorting a white commercial farmer of $60 000 as protection fee against eviction.

Adv Dinha said the trial could not continue until he is allowed to use the State secrets, which are protected by the Official Secrets Act, as part of his defence.

He made the application through his lawyer, Advocate Thabani Mpofu, instructed by Mr Tapson Dzvetero of Antonio and Dzvetero Legal Practitioners.

Justice Zhou heard submissions from both parties’ counsel and reserved ruling to Tuesday next week.

“I need sufficient time to consider submissions by both parties counsel,” said Justice Zhou. “I reserve the ruling to Tuesday next week at 3pm. The matter is adjourned to that time on Tuesday.”

Adv Mpofu told Justice Zhou that at the previous case management meeting, the State undertook to facilitate the de-classification of documents which Dinha wants to use in the trial, but yesterday they were singing a different tune.

“I indicated that there are critical documents that I need to have sight of to prepare the defence outline and summary of evidence of the potential witnesses,” said Adv Mpofu. “Those documents have not been made available to me because of the provisions of the Official Secrets Act.

He said the defence provided the State with a list of 14 documents that it intended to study.

“Among the documents sought are security documents relating to a security meeting that took place between the complainant, accused and officials from the President’s Office,” he said.

“The documents are essential in crafting of the defence outline. In this case, it will be proper to allow the de-classification process be finalised before the trial commences.”

The State, led by Mr Clemence Chimbari, opposed the application, saying the defence contention was deliberate tactic to delay the commencement of the trial.

He said they had ample time to request for the documents from the time Dinha was indicted for trial in August. Mr Chimbari urged the court to dismiss the application and order the trial to proceed.

“The State was not aware of what documents the defence intended to use,” said Mr Chimbari, adding, “It was not the State’s position that it would assist in facilitating the de-classification of documents since it was not aware of the documents.”

The State, said Mr Chimbari, only became aware of the nature of documents after they received the defence’s list of requirements on Tuesday this week.

He said the documents being requested by the defence were not in their possession, but in custody of third parties.

Mr Chimbari said police had obtained evidence enough to prove the State’s case beyond reasonable doubt and had nothing to do with the requested documents.

In his response, Adv Mpofu said the function of the prosecution was not to gather evidence which it thinks was suffice to secure a conviction of suspects while ignoring contrary evidence which could also be strong in favour of the person they seek to convict.

He said the speed at which the State was moving in breach of his client’s rights was alarming.

The State, he said, had an obligation to place before the court all documents necessary for the accused to use in his defence.

“The Formula One kind of speed at which the State is going should be frowned upon,” said Adv Mpofu.

After hearing arguments from both sides, Justice Zhou reserved the ruling to next week.

Dinha (53) is being charged with criminal abuse of office or alternatively bribery.

The minister – who is also facing money laundering charges – was granted $1 000 bail by Bindura provincial magistrate Mr Elisha Singano.

He allegedly demanded $60 000 from Mr Guy Frank Dollar as protection fee against eviction from his Tzoro Farm in the Centenary area.

The court heard that Tzoro Farm was subdivided into plots allocated to several beneficiaries in June 2012.

It is alleged that between 2012 and March 28, 2013 Dollar faced problems with new farmers allocated A2 plots on the farm and Dinha was allegedly advised by an official identified as Saineti Magore Madzamba.

He then instructed Madzamba that Dollar should pay $60 000 for him to save and protect him.

After being put under pressure, Dollar looked for the money and met Madzamba at Rumhanje Farm in Centenary.

Dollar handed over a plastic bag containing $60 000 to Madzamba who allegedly phoned Dinha advising him that he had received the money.

Madzamba was instructed to hand over the money to Tsitsi Nyika, who is a friend to Dinha’s wife since he was in China.

It is alleged that the same day, Dinha’s wife phoned and instructed Nyika to take $40 000 from the money and deposit it into Dinha’s POSB Bank account number 117670000067.

After a day, Dinha phoned Dollar advising him that he was back from China, thanking him for the money.

After two weeks, Dollar met Dinha and he thanked him again, saying he gave the money to a higher authority.

It is alleged that Dinha also promised Dollar that an offer letter for his farm was being processed.

On April 17, 2013 Dinha allegedly transferred $30 000 from his POSB account number into his other account number 117310004276 with the same bank.

On several occasions, Dinha withdrew money from the account and left only $1 012, 29 hence he is also accused of money laundering.

The court heard that Dinha abused his position as Mashonaland Central Governor and Resident Minister as well as chairperson of the Provincial Lands Committee.

Lovemore Meya Court Correspondent
An 18-year old juvenile in Chitungwiza who raped his aunt’s 11-year old daughter and threatened to kill her if she revealed the matter was slapped with a four-year jail term on Friday. The two stay in Odzi in Manicaland and had visited Chitungwiza where the minor’s mother lives. Appearing before Chitungwiza regional magistrate Ms Estere Chivasa, the teenager pleaded guilty to rape.

Ms Chivasa handed him six years in prison but conditionally suspended two years for five years. The prosecutor, Mr Lovet Muringwa proved that on dates unknown to him, but sometime this month, the girl’s mother went to hospital. She left the minor, her young sister together with their brother, in the teenager’s custody.

The court heard that in the afternoon, the girl’s little brother went to play, while her young sister was fast asleep. The teenager instructed the 11-year old to sleep on the bed and undressed her before raping her. During the act, the court heard that the girl cried, but no one came to her rescue and the teenager threatened to kill her.

The matter came to light on October 19 when the girl fell ill and was taken to a clinic by her mother.

Herald Reporter
The body of freelance journalist Grail Kupakuwanda, who was knocked down by a vehicle in central Harare, spent more than week in a mortuary at Parirenyatwa Hospital as he was not immediately identified. Kupakuwanda was hit and killed by a vehicle at the corner of Sam Nujoma Street and Selous Avenue on October 24, but his body was only identified yesterday.

He was the secretary-general of the National Freelance Journalists Association of Zimbabwe and a member of the Southern Africa Mining Reporters Association. Members of his family in Kwekwe were only alerted by the police after they discovered documents in a folder he was carrying at the time of the accident. Shocked family members and colleagues from the media fraternity have expressed shock at Kupakuwanda’s untimely death.

Zimbabwe Union of Journalists secretary-general Foster Dongozi paid his condolences to the late journalist’s family, saying the profession has been robbed of a dedicated journalist. “Kupakuwanda has contributed a lot in the field of development journalism,” he said.

“However, the collapse of the local media industry and closure of some media organisations has severely affected the passion for many journalists who are frustrated at the end of the day. “Many freelance journalists have found the going getting tougher by the day as they cannot live from contributing stories to other media organisations that are also finding the going tough.”

A close colleague and publisher Ronald Mtatabikwa said he was saddened by the loss of Kupakuwanda and called on all members of the media fraternity to join his family in celebrating his life which was “cut short.” His friends were yesterday assisting his family to have his body taken to Kwekwe for burial. Mourners are gathered at No. 22 Chikumbiro Street, Redcliff, Kwekwe.

Fungai Jachi Court Correspondent
A 30-year-old Harare woman allegedly used the umbilical cord to strangle her newly-born before stuffing body in a plastic bag for disposal, the court heard on Friday. Delight Gapese appeared before Harare magistrate Mr Elijah Makomo charged with infanticide and was remanded to November 11. Prosecuting, Mr Sebastian Mutizirwa alleged that on October 10 this year, Gapese was hired as a maid by Passmore Chapata and his wife Bridget.

It is alleged that Passmore inquired from Gapese if she was pregnant from the way she looked. The court heard that Gapese said she was not and was offered the job as the couple’s maid. It was the State’s case that on the night of October 22 Passmore heard a baby’s cry and went to check on his minor son who was sleeping in another room.

He found him fast asleep and retired to bed without checking in other rooms. The State further alleged that the following day, a foul smell started coming from Gapese’s bedroom and Bridget asked her to thoroughly clean the room. The odour persisted and when interrogated by Bridget, Gapese confessed that she had given birth to a baby boy at night and killed him soon after.

Gapese told Bridget she had strangled the baby with the umbilical cord, wrapped it in a cloth before stuffing it in a plastic bag which she hung in the garage. Passmore and Bridget reported the matter to the police.

Ivan Zhakata Court Reporter
A distressed Harare woman is seeking protection from her husband whom she alleges brutally assaults her by pressing her head against the wall and dragging her over rough surfaces. Hazel Murara told Harare Civil Court magistrate Mrs Barbra Mateko on Friday that her husband, Alois Mahumuda, had a “spirit of death” as he behaved like he was possessed whenever he assaulted her.

She said during the assaults, Mahumuda verbally abuses her using obscene language and calling her a prostitute. “He is in the habit of beating me, pressing my head against the wall and dragging me around the house on rough edges, leaving me bruised all over my body,” said Murara. “I now want him to leave my house because he harasses me and threatens to kill me if I tell people about his abuse. I am no longer feeling safe in my own house.”

Mahumuda did not deny his wife’s allegations, neither did he deny the granting of a protection order against him. Mrs Mateko ordered Mahumuda to stop the physical and verbal abuse and to keep peace towards his wife.

Fungai Lupande Court Reporter
Two Zimbabwe Revenue Authority officials who solicited for a $70 000 bribe so they could slash a $900 000 stamp duty have appeared in court. Henry Sithole (31), a revenue officer, and Mercy Masara (48), a revenue supervisor, appeared before Harare magistrate Elijah Makomo. They are facing charges of criminal abuse of duty as public officers and were granted $300 bail each. They will be back in court on November 16.

It is alleged that on June 15 this year, Sithole, in the company of an unidentified colleague, approached Clarion Insurance Company and gave them a letter requesting company records for the calculation of stamp duty. The information was duly submitted within two weeks of receipt of the request.

On August 27, Sithole invited Clarion’s finance manager, Mr Isaac Madzima, to Zimra’s Kurima House offices to discuss the matter. It is alleged Mr Madzima went to the Zimra offices in the company of Clarion’s accountant, Mr Rex Garatidye. They were advised that Clarion owed Zimra $938 194,72. They pleaded with Sithole to have the amount reduced. Sithole is alleged to have offered to assist on the duty reduction before introducing the Clarion duo to Masara.

Sithole and Masara allegedly demanded $70 000 for them to facilitate the slashing of stamp duty to $100 000. The pair demanded a commitment fee of $2 000, with the balance to be paid up by October. The commitment fee was allegedly paid in September by Mr Madzima who was issued with a 2009 Zimra Assessment Form that showed a reduced amount of $4 416.

Sithole and Masara allegedly told the Clarion officials that they would produce similar assessments for 2010 to 2015 upon payment of $18 000. Sithole is alleged to have pestered the pair demanding payment, resulting in Clarion’s group chief executive officer reporting the matter to Zimra’s loss control department. On October 14, Sithole was arrested after receiving $3 000 trap money from Mr Madzima outside Kurima House. Sithole later implicated Masara.

Fungai Lupande Court Reporter
A Harare man allegedly masqueraded as Lands and Rural Resettlement Minister Dr Douglas Mombeshora and fleeced a Zimbabwe National Roads Administration official of $6 000 after offering him a non-existent farm. Weston Chigubhu (35) of No. 883 Crowbrough North appeared before Harare magistrate Mr Elijah Makomo facing fraud charges. Chigubhu was denied bail and Mr Makomo advised him to apply for bail at the High Court.

The complainant in the matter is Zinara’s licensing and transport controller, Mr George Chamwaura. Prosecuting, Ms Sharon Mashavira alleged that between 2011 and 2014, Chigubhu hired Minister Mombeshora’s lorry which he in turn hired out to various cotton companies. During his escapades, Chigubhu masqueraded as Dr Mombeshora.

It is alleged that sometime in May, he approached a former Zinara human resources executive, Mr Peter Boterere, purporting to have been sent by Dr Mombeshora to register his vehicle. Chigubhu allegedly went on to commend Zinara for services given to Dr Mombeshora and indicated the minister wanted to reward Chamwaura by allocating him a farm.

Chamwaura became interested and Chigubhu allegedly gave him a Telecel number 0735102985 which he said belonged to Dr Mombeshora. Chigubhu allegedly contacted Chamwaura using that number and ordered him to deposit money into an EcoCash account 0777856996 which he said belonged to the Minister’s driver, Mr James Maponga.

Chigubhu later pretended to be Dr Mombeshora and ordered money to be deposited into an account belonging to a Ministry of Lands and Rural Resettlement official, Mr Tichaona Mukoreka. It is alleged that on another occasion, Chigubhu asked for $1 000 while pretending to be Dr Mombeshora and the money was collected by a John Gutsa.

The court heard that after numerous demands for cash by Chigubhu, Chamwaura became suspicious. Investigations revealed that all the mobile numbers used in the scam belonged to Chigubhu and that the people who received the money were his cousins. Chamwaura lost $6 137 and nothing was recovered.

Police Commissioner General Augustine Chihuri

Crime Reporter—
Police Commissioner-General Dr Augustine Chihuri has said the contemporary policing arena demands that officers use their brains more than the physical tools when discharging their constitutional mandate. He said the new pedigree of citizens was highly inquisitive, sensitive and wary of how police officers performed their duties. Comm-Gen Chihuri was speaking at the Police Staff College graduation ceremony for 2015 where 468 officers graduated in various courses on Friday.

“The role of higher education in policing is to help police stay abreast of the changing demands and proficiently navigate through turbulent waters associated with the police profession,” he said. Comm-Gen Chihuri said the acquisition of knowledge remained pivotal as it enabled officers from security institutions to effectively sharpen their tools of trade and exhibit the relevant professional acumen.

He said knowledge refines and capacitates the human resource which happens to be the most important resource in any progressive organisation such as the ZRP. “I say your achievement is an important landmark and a very special pedestal befitting the dictates of the contemporary policing arena that demands police officers should use their brains more than the physical tool when discharging their constitutional mandate,” Comm-Gen Chihuri said.

He said he was convinced that the blend of courses that the graduates undertook had imbued in them the three core fundamentals of higher education which are critical thinking, analysis and research. “These skills and attributes are the core of what is required in modern-day crime investigations,” said Comm-Gen Chihuri. “It is essential that there is a very clear link between the core skills required for investigation and rigorous research as both are a search for the truth.

“These critical skills are the essence of higher education and they give higher education its cutting edge.” Comm-Gen Chihuri said police officers who were taught in the disciplines of critical thinking, analysis and research were more likely to professionally respond to the stimuli of citizenry expectations and to act with abundance of caution at all times.

Comm-Gen Chihuri said it was an open secret in contemporary policing that for police officers to be effective, they must not only “police for the people, but police with the people”. Comm-Gen Chihuri donated to Police Staff College library five copies of his recently launched book titled, “The History of Policing in Zimbabwe: Pre-Colonial, Colonial and Post-Independence,” which chronicles the journey of policing in this country.

Temba Mliswa

Fidelis Munyoro Chief Court Reporter
The High Court has begun hearing the case in which a company owned by Mr Temba Mliswa (pictured here) — Saltlakes Holdings — is being sued for $94 272 by Bak Storage (Pvt) Ltd over unpaid storage fees for bales of tobacco that were stored at the company’s warehouse. However, Bak Storage yesterday reduced its claim to less than $40 000 when the hearing began before Justice Amy Tsanga.

The judge was forced to adjourn the hearing to today to allow Saltlakes to bring a witness to testify on the company’s counter-claim. Saltlakes, which responded to Bak Storage lawsuit with a $2 million counter-claim in respect of its bales of tobacco that were destroyed through water leakage while in storage, had requested for adjournment.

In the counter-claim, Saltlakes argued that some of the tobacco was stolen while in the hands of Bak Storage. According to the main summons, between October 31 2008 and June 28 2009, Bak Storage offered storage services for Saltlakes. Bales of tobacco in excess of 26 000 were taken to the warehouses for storage.

Bak Storage also provided many other services including “sorting of tobacco bales, sewing of some of the bales, handling of tobacco bales and handling of bags”. In terms of the companies’ agreement, Bak Storage presented invoices to Saltlakes from time to time but nothing was paid. The agreement compelled Saltlakes to pay for each invoice upon presentation, it is claimed.

Despite demand, Bak Storage argued Saltlakes did not pay the money, prompting the storage firm to issue the summons. Saltlakes responded to the main application through a counter-application in which it is claiming $2 186 783 plus interest from Bak Storage. Saltlakes argued that the $94 272 being claimed by Bak Storage was not justified considering that the agreement was entered into during the Zimbabwe dollar era.

Saltlakes argues that sometime in November 2008 to June 28 2009, its tobacco bales were damaged and stolen owing to Bak Storage’s negligence. Saltlakes had purchased tobacco from various auction floors including Tobacco Sales Floor, Burley Marketing Zimbabwe and Zitac in hard currency (US dollars).

In November 2008, it is claimed that 14 bales of tobacco worth $3 987 belonging to Saltlakes were damaged due to roof leakages while in one of the warehouses at Bak 2. It is also contended that on December 1 the same year, 193 bales of tobacco that were stored at HCF warehouse were damaged after a water tap was left running in the warehouse.

On December 5 2008, 1 500 bales of tobacco valued at $300 000 were damaged by water which flooded the warehouse, it is claimed. Advocate Thabani Mpofu is appearing for Saltlakes and is being instructed by Ms Farirai Mashini of Chitewe Law Practice while Adv Thembinkosi Magwaliba instructed by Winterton law firm is acting for Bak Storage.

Fungai Jachi Court Correspondent
A 28-year-old woman has appeared in court for allegedly having sexual intercourse with a 14-year-old boy claiming they are a couple. Precious Sibanda appeared before Harare magistrate Mr Hosea Mujaya charged with two counts of aggravated indecent assault. Mr Mujaya remanded her to today for trial continuation. In her defence, Sibanda told the court that the boy made romantic advances to her by passing flirtatious comments about her.

“We had consensual sex. I did not force him to sleep with me and we used protection both times we had sex. This boy has an insatiable appetite for sex which led me to believe he was of age. “The only reason why he ended up reporting the matter was due to pressure he was subjected to by his parents,” she said.

Prosecuting, Mr Ephraim Mujaya alleged that sometime in January this year, Sibanda lured the boy into her room. The court heard that Sibanda forced the boy to have sexual intercourse with her using protection. It is alleged that Sibanda threatened the boy not to say anything concerning the matter.

It is the State’s case that in September Sibanda invited the boy again to her house and forced him to have sex with her, this time without protection. The State further alleged teachers at the boy’s school noticed changes in the boy’s behaviour as he had become withdrawn. They allegedly sent the boy back home so his parents could help him.

The boy revealed to his parents that he had indulged in sex with Sibanda and that it had affected him. The boy’s parents reported the matter to the police leading to Sibanda’s arrest. Meanwhile, a Harare man who absconded court after signing summons acknowledging he would appear before it has been ordered in absentia to stop abusing his wife in any way, reports Ivan Zhakata.

The ruling was granted by Harare Civil Court magistrate Mrs Ruth Kamangira after Andrew Nyakabau failed to come to court. His wife, Ennia Mutambirwa, who was seeking a protection order, told the court that Nyakabau physically and verbally abused her and threatened to kill her. “He assaults me and rebukes me using obscene language and starves me of my conjugal rights. I am afraid of going home because he might kill me as he has made several threats to eliminate me,” Mutambirwa said.

She also told the court that Nyakabau was not buying food for the family. Nyakabau was not present to answer to the allegations although he had signed court papers admitting he was aware of the court case. Mrs Kamangira delivered a default judgment ordering Nyakabau from abusing his wife.

Fungai Lupande Court Reporter
A police officer’s wife yesterday appeared in court with three armed robbers whom she is accused of supplying her husband’s uniforms and firearms while acting as their manager. Silethokuhle Nare (37) is jointly charged with Dominic Tichaona (35), Jabulani Nyoni (33), Wonder Mahuni (36), David Hausi (37) and Justice Ndlovu (33). They are facing armed robbery and unlawful possession of firearm charges.

Magistrate Mr Tendai Mahwe remanded them in custody to November 9 for trial. Prosecutor Ms Sharon Mashavira alleged that sometime in early October, Tichaona, Nyoni, Mahuni and Nare connived with accomplices William Vry and Dennis Musochera to rob Charity Mbanje. Nare allegedly knew that Mbanje was to receive $14 000 between October 6 and 9 from members of a social round table club.

Pursuant to their plan, Nare stole two sets of her husband’s police uniform and gave them to Musochera and Nyoni. It is alleged that on October 5 Nare showed the suspected armed robbers Mbanje’s house and how to execute their robbery. The following day, the suspected armed robbers pounced on Mbanje clad in police uniform and armed with an FN pistol while the others wielded knives.

They threatened Mbanje and her family and force-marched her to her bedroom demanding the cash. They stole two Samsung Note 4 cellphones, Mobicel tablet and three cellphones. After failing to get the money, they allegedly locked Mbanje and her family in the house and fled. On October 25, Nare provided Tichaona and Mahuni with her Toyota Raum (registration number ADH 0955) to rob Ministry of Justice and Parliamentary Affairs chief accountant Morees Chalasa Mbewe.

Tichaona, Mahuni and Musochera teamed up and proceeded to Mbewe’s neighbourhood armed with an FN Browning pistol, Okapi knife and machete. They waylaid him when he returned home and forced his family to lie down at gunpoint. They threatened to rape his wife and children if he failed to surrender cash.

They stole $2 560 and several valuables worth $1 960. After locking up the family, the accused slashed Mbewe’s vehicle tyres and fled. Between September 28 and October 26, detectives received information of cases of armed robbers targeting fuel service stations. The information led to the arrest of Musochera, who was in possession of an unlicensed FN Browning pistol loaded with three rounds of ammunition.

He implicated Nare who had obtained the firearm from Wilfred Jaure and Tatenda Gadzi- kwa. Musochera escaped from Machipisa Police Station custody and moved in with his accomplices leading to their arrest. Nare is represented by her lawyer, Mr Tungamirai Chakurira.

Fungai Jachi Court Correspondent
A 21-Year-Old Harare Polytechnic model accused of cat-walking on the ramp without wearing undergarments argues that the picture that went viral on social media was manipulated by Photoshop.

Panashe Zhaware made the stunning allegations yesterday during her trial at the magistrate’s court.

Appearing before Mr Takunda Mtetwa, Zhaware through her lawyer Musindo Hungwe, argued that the photograph that forms the basis of the allegations is a contrived document that is aimed at tarnishing her good repute.

“It is a product of Photoshop and is not authentic. The State is challenged to prove the authenticity of that photograph,” he said.

Mr Hungwe further argued that Zhaware’s prosecution is a blatant abuse of the criminal justice system that stands to vilify an innocent girl and destroy her reputation.

Zhaware is facing public indecency charges.

Mr Mtetwa remanded her to November 16 .

Prosecutor Ms Patience Chimusaru alleges that on July 17 this year Zhaware participated in a modelling contest at the tertiary institution.

The court heard that Zhaware intentionally wore her evening gown without undergarments.

It is alleged that she went on to catwalk on the ramp, wilfully exposing her private parts to the audience.

It is the State’s case that the act was captured on camera.

The police were prompted to investigate the matter when Zhaware’s “nude pictures” were published in a local newspaper.

Her pictures also went viral on social media.

Following investigations, Zhaware was subsequently arrested.

Court Correspondent
A 36-year-old man was on Friday sentenced to 105 hours of community service for bashing his ex-girlfriend who had foiled his bid to take his own life. Jaison Kautsa of No. 3529 Kuwadzana 3 appeared before Harare magistrate Ms Nomsa Sabarauta charged with assault.

Kautsa admitted to the charges and told the court he was angry with Faith Ndhlovu (33) after she saved his life.

“I wanted to die, she had no right to stop me from killing myself,” he said.

Ms Sabarauta advised him to wait for a natural death and not to involve others if he wishes to end his life.

On October 26 this year, Kautsa went to Ndhlovu’s house and saw her with another man.

The court heard that Kautsa went on to berate Ndhlovu for dumping him.

Kautsa then took a rope and hanged himself on a gutter that was nearby.

However, the gutter fell and Ndhlovu helped Kautsa to untie the rope from his neck.

This did not go down well with Kautsa who responded by assaulting Ndhlovu all over her body using fists and an iron bar.

Ndhlovu was helped by her neighbours after she shouted for help.

Kautsa was subsequently arrested.

Mr Crispen Chikafu prosecuted.

Midlands Correspondent
In an incident that has left Gweru residents shell-shocked, a Harvest House International Church pastor committed suicide by hanging in the church hall over an alleged $15 000 debt.

Pastor Tani Tuturu (44) was found dead, hanging from Harvest House Gweru Church roof truss at around 4pm on Monday by a member who had gone to the church for prayer.

Midlands police spokesperson Inspector Joel Goko confirmed the incident saying investigations were still underway.

“I can confirm that we are investigating a sudden death case where a male adult Tani Tuturu was found dead hanging from a roof truss. His body was found at around 4pm by a church member,” he said.

“We are not yet privy to the circumstances surrounding his death hence investigations are underway.

“We would like to appeal to members of the public to engage other initiatives and interventions whenever they face personal problems instead of taking their lives,” said Insp Goko.

Tuturu’s elder brother Reverend Chemai Tuturu also confirmed the death, but professed ignorance on the circumstances surrounding his brother’s death.

“I was in Harare when my brother committed suicide. I cannot say much about the whole incident because as a family we are all shocked with my brother’s untimely death. I am yet to be furnished with full details on how he committed suicide,” said Reverend Tuturu.

A church member who spoke on condition of anonymity said Tuturu’s church was in arrears and he was failing to raise $15 000 for rentals and other services.

The source said the dire situation was worsened by pressure coming from other church members after his former congregant who later became a pastor managed to raise $100 000 after a conference while his Masvingo counterpart raised about $80 000.

Lovemore Meya Court Correspondent
A former soldier was jailed for four months on Monday after he was convicted of stealing his father’s property worth $75 and threatened to stab him with a knife.

Wellington Mukambachaza (30) of Unit K in Chitungwiza, was also found in possession of camouflage and two rounds of ammu- nition.

Mukambachaza pleaded guilty to charges of theft and possession of army fatigues and dangerous weapons.

He denied the charge of threatening his father.

Mukambachaza appeared before Chitungwiza magistrate Mr Lazarus Murendo, who slapped him with a $60 fine or 10 days in prison on theft charges and four months for possessing an army uniform and the rounds of ammunition.

On the charge of threatening his father, Mukambachaza was remanded in custody to November 13 for trial.

He told the court that he used the ammunition to scare away wild animals at his grandfather’s farm.

Mukambachaza said he failed to return the army uniform after being discharged from service on medical grounds.

Passing sentence, Mr Murendo said Mukambachaza’s behaviour was uncalled for.

“You are unashamed of yourself after stealing your father’s property. The combination of live rounds and camouflage makes this case serious since they can be used for robbery, hence a custodial sentence meets the justice of the case,” said Mr Murendo.

Prosecutor Mr Norman Koropi told the court that in September this year, Mukambachaza’s father was at his rural home.

Mukambachaza took advantage of his absence to steal a sewing machine and a motorbike carrier box at his Chitungwiza house.

He sold them at the Unit L open market in the same town.

His father discovered the offence when he returned hom and reported the matter to the police.

Police found an army camouflage and rounds of ammunition hidden under a mattress, leading to his arrest.

ELIZABETH BANDA

Herald Correspondent
Zimbabwe’s prison population has risen up to 19 020 in the country’s 46 prisons, 12 percent above the holding capacity of 17 000, a situation that is likely to exacerbate the plight of prisoners.

Zimbabwe Prisons and Correctional Services spokesperson Chief Superintended Elizabeth Banda (pictured left) told The Herald that of this figure, 16 327 were convicted prisoners, while 2 693 were suspects awaiting trial.

She said out of the 19 020 prisoners, 486 were females.

“As of October 30, the Zimbabwe Prisons and Correctional Services have 19 020 prison inmates. Out of the 19 020, 16 327 have been convicted while 2 693 are awaiting trial,” she said.

“The numbers continue to rise because this is a reflection of the prevailing economic conditions in the country. The backlog created by the festive season also led to the ballooning of the prison population because the courts remanded most people in custody,” she said.

The surging population comes after prisoners at Chikurubi Maximum Security Prision allegedly rioted over food shortages recently, after going for three years without meat.

The rise in population comes barely a year after more than 2 000 prisoners were released under a Presidential Amnesty.

Before the amnesty, there were 18 980 prisoners in the country, but President Mugabe extended a Presidential pardon on February 12 last year in terms Section 112 (1) (a) and (d) of the Constitution of Zimbabwe.

Chief Supt Banda said remand prisons especially Harare, Hwahwa and Khami were overpopulated unlike prisons occupied by convicted prisoners.

She said that although it was the prerogative of ZPCS to provide inmates with all the necessary facilities, she was also appealing to inmates’ relatives to bring basic commodities to plug the gap created by budget con- straints.

“If we operate above our holding capacity, we face serious challenges. The demand in basic resources, especially food, rises, which puts constraints on us,” she said. The country’s 46 prisons also had 50 children as of October 31 who lived with their jailed mothers, thereby congesting already overcrowded cells.

Chief Supt Banda said the number of prison escapees had decreased compared to last year from 36 to 27.

She said since January, ZPCS had managed to recapture nine of the prison escapees.

• ‘ . . . masterminded Chikurubi jailbreak’
• ‘. . . he shared tea with prison wardens’

Fungai Lupande Court Reporter
Prison officers begged for tea from jailed Independent End Time Message leader Robert Martin Gumbura (pictured), who was regarded as a godfather at Chikurubi Maximum Security Prison, the court heard yesterday.

Testifying, an inmate, Claudius Mutizwa, added that Gumbura was the “main actor” who initiated the foiled jailbreak in March this year.

“Gumbura was very popular and was regarded as the godfather in all sections. Prison wardens used to get tea from him,” he said.

“He also supplied cigarettes and jolly juices to inmates. Gumbura is the one who incited the melee. Had it not been for him, there would not have been any violence or blood-letting.”

Mutizwa told the court that March 13 was D-Day for the inmates to demonstrate and a senior prison officer identified as Chikudo ordered him to summon Gumbura into the library.

“Chikudo advised Gumbura that the mission was to be aborted according to instructions from Albert Matapo.

“It was too late because the inmates had started demonstrating. Gumbura was frustrated because he wanted the mission to proceed.

“I later saw Chikudo taking documents from Gumbura and later the prison officer advanced to D-Hall and the shooting started.”

However, before his testimony Mutizwa told the court that he was receiving threats from prison officers.

“There is a lot of nepotism at ZPCS and if I had known that some prison wardens are above the law, I would not have said anything in court,” he said.

“Maybe I misinterpreted the Constitution, I thought it is the duty of ZPCS to protect us but now it seems they are against us. Because of this case, inmates who are testifying are receiving food in dirty plates and cups.

“We started receiving death threats and someone tipped us that our food will be poisoned.

“We wanted to report the matter to the police but nothing is being done to assist us. We are treated as condemned prisoners.”

Harare magistrate Mr Francis Mapfumo ordered the State to engage the police and investigate the threats of violence against the inmates by ZPCS wardens.

The magistrate also dismissed the application by armed robber Lucky Matambanadzo (39), Blessing Chauke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38), to have access to the post-mortem results of four inmates killed during the March 13 attempted jail break in order for them to strengthen their defence case.

Gumbura and the eight are facing charges of attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively, conspiracy in aggravating circumstances for alleged malicious damage to property.

Fungai LupandeCourt ReporterPrison officers begged for tea from jailed Independent End Time Message leader Robert Martin Gumbura (pictured), who was regarded as a godfather at Chikurubi Maximum Security Prison, the court heard yesterday.Testifying, an inmate, Claudius Mutizwa, added that Gumbura was the “main actor” who initiated the foiled jailbreak in March this year.“Gumbura was very popular and was regarded as the godfather in all sections. Prison wardens used to get tea from him,” he said.“He also supplied cigarettes and jolly juices to inmates. Gumbura is the one who incited the melee. Had it not been for him, there would not have been any violence or blood-letting.”Mutizwa told the court that March 13 was D-Day for the inmates to demonstrate and a senior prison officer identified as Chikudo ordered him to summon Gumbura into the library.“Chikudo advised Gumbura that the mission was to be aborted according to instructions from Albert Matapo.“It was too late because the inmates had started demonstrating. Gumbura was frustrated because he wanted the mission to proceed.“I later saw Chikudo taking documents from Gumbura and later the prison officer advanced to D-Hall and the shooting started.”However, before his testimony Mutizwa told the court that he was receiving threats from prison officers.“There is a lot of nepotism at ZPCS and if I had known that some prison wardens are above the law, I would not have said anything in court,” he said.“Maybe I misinterpreted the Constitution, I thought it is the duty of ZPCS to protect us but now it seems they are against us. Because of this case, inmates who are testifying are receiving food in dirty plates and cups.“We started receiving death threats and someone tipped us that our food will be poisoned.“We wanted to report the matter to the police but nothing is being done to assist us. We are treated as condemned prisoners.” Harare magistrate Mr Francis Mapfumo ordered the State to engage the police and investigate the threats of violence against the inmates by ZPCS wardens.The magistrate also dismissed the application by armed robber Lucky Matambanadzo (39), Blessing Chauke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38), to have access to the post-mortem results of four inmates killed during the March 13 attempted jail break in order for them to strengthen their defence case.Gumbura and the eight are facing charges of attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively, conspiracy in aggravating circumstances for alleged malicious damage to pro-                                                                       perty.