Joshua Maligwa

Lovemore Kadzura Rusape Correspondent
MUTARE town clerk Joshua Maligwa, who is facing charges of criminal abuse of duty when he was Rusape town secretary, was yesterday granted $300 bail when he appeared before a magistrate together with housing director Laurence Mushayabasa.

A weary looking Maligwa (46) and Mushayabasa (47), who are being represented by Mr Ashel Mutungura and Mr Taurai Khupe, were not asked to plead by Rusape provincial magistrate Mr Shane Kubonera, who rolled over the matter to January 26.

The State represented by Rusape District prosecutor Mr Tirivanhu Mutyasira consented to bail and Mr Kubonera ruled that Maligwa and Mushayabasa deposit $300 each, surrender their passports and reside at their given addresses.

They were also ordered not to interfere with State witnesses – Rusape town employees and councillors.

Maligwa will report to CID Mutare Central every Friday, while Mushayabasa will report to CID Rusape.

Mr Mutyasira told the court that Maligwa and Mushayabasa violated Section 74 (1) (a) of the Criminal Law Codification and Reform Act Chapter 9.23 that makes it criminal for public officers to abuse their offices and duties.

He said they both defied a full council resolution and went on to subdivide Mr Raymond Marova’s stands without the blessing of council, and Maligwa bought one of the subdivided stands.

“On 30 July 2015, a regular full council meeting noted that Opleeves Investments industrial stands were within 70 metres of road servitudes contrary to General Notice 466-2004, which prohibits new developments along the Harare–Mutare Highway, within 70 metres from either sides of the road,” said Mr Mutyasira.

“In view of the General Notice, council through resolution FCO7/07/15, resolved to re-plan the stands belonging to Opleeves Investments so that they do not encroach into the servitudes.

“Maligwa, acting in concert with Mushayabasa, who was the town planner, subdivided the piece of land into smaller units for commercial purposes contrary to council resolution FC07/07/15 dated 30 July 2015.

“On 5 March 2017, Maligwa advertised the sale of commercial stands on the subdivided piece of land owned by Opleeves Investments in The Sunday Mail dated 5 March 2017 and prospective buyers responded to the advert.

“Sometime in 2017 Mushayabasa, acting in common purpose with Maligwa, sold the subdivided piece of land to individuals and companies, well knowing that the land belongs to Opleeves Investments.

“On 30 March 2017, Mushayabasa acting in concert with Maligwa, allocated Maligwa commercial stand number 7711 measuring 1 331 square metres and situated on the subdivided piece of land belonging to Opleeves Investments.”

Victor Maphosa Herald Reporter
A 40-year-old Harare woman who allegedly invited men to rape her 15-year-old maid and ignored her pleas for help has appeared in court. Mildred Mutasa appeared before Harare magistrate Ms Rumbidzai Mugwagwa facing charges of child procurement.

She was remanded to January 31 on $100 bail. Prosecuting, Linda Gadzikwa alleged that sometime in May last year and while at her residence at Sally Mugabe Heights in Borrowdale, Mutasa took to her residence a man only identified as Ticha.

It is alleged that Mutasa allowed Ticha to gain entry into the maid’s room where he proceeded to rape her. The maid screamed for help, but Mutasa told her to hush as she was making a lot of noise. When he was done, Ticha went to the other room where Mutasa was seated and they both went out.

It is further alleged that the following day, Mutasa brought Ticha again to her residence and he raped the maid, while she was in another room. Mutasa allegedly ignored the maid’s pleas for help. The court heard that during the same month, Mutasa brought another man only known as Denzel, who gained entry into the maid’s room with her help.

Denzel proceeded to rape the maid several times, while Mutasa was in her room. In July last year, Mutasa brought another man and allowed him to rape the maid several times.

The offence came to light when the 15-year-old maid fell pregnant, prompting her relatives, after investigations, to lodge a complaint with the police, leading to Mutasa’s arrest.

Munyaradzi Doma in Zvishavane
A 27-year-old wife basher from Zvishavane has been slapped with a $200 fine after he severely assaulted his wife for taking their child to his in-laws’ home without his approval.

Zvishavane magistrate Mr Archie Wochiunga initially jailed Ophias Taruwedzera to six months imprisonment with half of the sentence being quashed on condition he pays the fine, after finding him guilty of domestic violence on Thursday.

Mr Wochiwunga suspended the remaining three months for five years on condition Taruwedzera does not commit a similar offence over the next five years. Prosecutor Mr Stanley Ncube proved that on December 19 last year at around 5am, Taruwedzera instructed his wife Siphiwe Sithole to prepare breakfast before he went to work.

While Sithole was preparing breakfast, an altercation ensued between her and Taruwedzera who demanded to know why his wife had sent their child to her parents’ home without his approval.

Sithole defended her move saying it was better for their child to stay with her parents since the couple was employed, leaving no one to tend to the child. This did not go down well with Taruwedzera who grabbed his wife’s mobile phone and crashed it on the floor.

Sithole then pleaded for mercy from her seething husband who proceeded to severely assault her with open hands on the face and neck. She fled and sought refuge at a neighbour’s house and later made a police report, leading to Taruwedzera’s arrest.

A medical report showing the extent of injuries sustained by Sithole at the hands of her husband was produced in court as exhibit. Mr Wochiwunga also cautioned Taruwedzera after finding him guilty of malicious damage to property for damaging his wife’s mobile phone.

Clr Manyenyeni

Innocent Ruwende Senior Reporter
The blundering MDC-T- run Harare City Council is set to cost ratepayers millions of dollars in legal fees and damages as it continues to make flawed decisions on the contracts of its employees, especially senior management.

It has also emerged that the local authority is failing to deal with acting positions as it has four acting town clerks.

Last week three directors dragged council to court arguing that their suspensions without pay and benefits were unlawful as this was contrary to provisions of Section 140 of the Urban Councils Act.

The application comes against the backdrop of another challenge by acting town clerk Mrs Josephine Ncube, who contested her suspension arguing that mayor Councillor Bernard Manyenyeni does not have authority to suspend a chamber secretary.

The city was also recently ordered to reinstate its finance director Mr Justice Mandizha to his position or pay him $760 000 in damages and is also set to pay former NMBZ Bank chief executive Mr James Mushore more than $200 000.

Harare spurned its parent ministry’s advice that Mr Mushore’s appointment was illegal and rushed to give him the coveted position of Harare town clerk.

The city has various other cases before the courts of other junior employees.

City of Harare suspended Mrs Ncube and the three directors — Dr Prosper Chonzi (health services director), Mr Tendai Kwenda (finance director) and Dr Cainos Chingombe (human capital) — last month on allegations of financial abuse following a report by a tribunal set up in February to investigate council salaries.

Eng Hosiah Chisango was appointed acting town clerk. In 2016 when Mayor Manyenyeni suspended Mrs Ncube, Dr Chingombe was appointed acting town clerk only to be replaced by Dr Chonzi after he was also suspended.

The Ministry of Local Government, Public Works and National Housing reversed the suspensions and Mrs Ncube bounced back, but council did not write to Dr Chingombe and Dr Chonzi to inform them that they cease to be acting town clerks.

Asked for comment, Dr Chingombe yesterday confirmed he was still acting. “Technically I am acting and I will be claiming my money very soon,” he said.

Clr Manyenyeni yesterday conceded that the legal costs were worrying and that some could have been avoided.

“Worrying costs indeed. Some of these are avoidable,” he said.

Meanwhile, controversy continues to shroud the disciplinary committee set for the directors.

The directors allege that it is tantamount to Mayor Manyenyeni, whose sincerity they have been doubting, appointing himself complainant, law enforcement agent and judge after appointing the tribunal and disciplinary committee.

Fungai Lupande Senior Court Reporter
A Norton woman lost $26 000 to a deregistered lawyer, Tichaona Mawere, who never attended any court session and always left her outside the court premises.

The woman whose name was not mentioned in court, realised that she was duped after her house and property was advertised in a local newspaper by a micro-finance company claiming she had failed to clear a debt.

Mawere was issued with a warrant of arrest on Wednesday after he failed to turn up for the case. Mawere of Goodhope, Westgate, Harare, was deregistered by the Law Society of Zimbabwe in 2012. He is facing fraud charges.

The prosecutor Ms Linda Gadzikwa is alleging that sometime in 2010, the farmer borrowed $3 000 from Yambukai micro-finance.

It is alleged that she repaid the money in full, but received a notice in 2012 of intention to attach her property on allegations of failing to repay the loan.

It is alleged that the farmer approached Mushangwe and Associates for representation in the matter. Mawere who was eavesdropping on the conversation later approached the farmer promising to help her. He misrepresented that he was a practicing lawyer and was in a position to represent her provided that she pays $26 000 as legal fees.

It is alleged that the farmer approached her church the United Family International Church led by Prophet Emmanuel Makandiwa for assistance with the legal fees and was given the $26 000.

She gave the money to Mawere, the court heard.

It is alleged that the farmer also gave all the receipts she had been issued after paying at Yambukai to Mawere as proof that she cleared the debt.

It is alleged that sometime in March 2016 and on different occasions Mawere, took the complainant to Harare Civil Court purporting that he was representing her.

The court heard that Mawere never represented the woman and never attended any court session. He always left the complainant outside the court premises and would later tell her to go home.

The offence came to light on July 11, 2014 when the complainant saw an advert in a local newspaper where Yambukai micro-finance was advertising her house and property.

Luthando Mapepa Chipinge Correspondent
A love triangle turned horribly wrong when a 49-year-old Mozambican man severed a rival’s fingers with a machete during a confrontation over a woman.

Matewu Sibanda, who resides in Mozambique in Chief Makuyana’s area, appeared before a Chipinge magistrate Mr Vuso Gapara facing assault charges as defined in Section 89 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23 and was sentenced to five years behind bars.

He was found guilty on his own plea.

Sibanda was sentenced to serve an effective four years after one year was suspended on condition of good behaviour in the next five years.

It was alleged that on December 18, 2017, at around 5am, Farai Maunze (35), arrived at Sylvia Muisa’s homestead and found Sibanda inside the house.

Maunze was displeased that another man was in Muisa’s house.

He confronted Sibanda and an altercation ensued.

After a heated exchange of words, Sibanda went outside and picked up a machete which was in the yard and went on to strike Maunze several times on his hands.

Despite efforts to evade Sibanda’s attack, Maunze lost two fingers as a result of the assault.

Seeing that his life was in serious danger, Maunze decided to run away, while calling for help from neighbours.

He later reported the matter to the police and investigations led to the arrest of Sibanda.

Maunze was treated at Rusitu Hospital.

Ms Edith Phiri prosecuted.

Michael Magoronga Midlands Correspondent
A Kwekwe nurse, who was shy to divulge that she had been impregnated by a Zambian truck driver and instead reported that she had been raped by her uncle, has been sentenced to 12 months in prison for laying false rape charges.

Kudzai Mushota of Amaveni suburb appeared before Kwekwe magistrate Mr Livard Philemon facing one count of making a false report.

She pleaded guilty to the charge and was sentenced to 12 months in prison.

Mushota will serve nine months after Mr Philemon suspended three months on condition of good behaviour.

She told the court that she was shy to divulge that she had been impregnated by a truck driver and chose to make a false rape charge against her uncle.

“My boyfriend is a Zambian truck driver and I don’t know his whereabouts,” she said.

“So, I decided to accuse my uncle of rape so that I could get sympathy and assistance towards the pregnancy and subsequent birth of the baby.”

The uncle has been on the run since September, when the charges were laid against him.

It was the State’s case that sometime in September, Mushota, who is employed as a nurse at a private surgery in the mining town, approached Kwekwe Central Police Station where she reported that she had been raped by her uncle.

The matter was referred back to Amaveni Police Station for further investigations where it was discovered that she was 11 weeks pregnant after a medical report.

Munyaradzi Musiiwa Midlands Correspondent
A woman who was reportedly raped and murdered before her body was dumped in a maize field in Ascot high-density suburb on Saturday, was allegedly killed by a man who had paid lobola to her parents two days earlier.

Ms Everjoy Ncube (22) of Coolmoreen Compound in Gweru, allegedly refused to go back to South Africa where she was based together with her new husband, John Mazani (33) and that infuriated him.

She was allegedly murdered following a misunderstanding which arose after she refused go back with him to Cape Town, South Africa, where they both stayed together, offering to stay with the man’s parents for a while before following him.

Acting Midlands provincial police spokesperson Assistant Inspector Ethel Mukwende confirmed the gruesome murder, adding that police had since launched a manhunt for Mazani whose whereabouts were unknown.

She said the couple was on separation after experiencing a series of domestic disputes which often degenerated into physical fights.

Asst Insp Mukwende said the couple, which had a child together, subsequently went on separation, with Ms Ncube tracing her way back to her parents’ home.

She said Mazani returned to Zimbabwe on Thursday last week with the intention of reconciling with Ms Ncube, to which she consented.

Mazani went on to pay lobola for Ms Ncube before asking her to return to South Africa with him, an offer she vehemently refused because of his abusive nature.

It could not be ascertained how much Mazani paid as bride price for Ms Ncube

“Police have launched a manhunt in connection with a murder case where a 22-year-old female adult was found dead in a maize field in Ascot, Gweru, with several stab wounds all over her body,” said Asst Insp Mukwende.

“The incident occurred on the January 13 in old Ascot Suburb, Gweru. On January 14 at around 6:30am, a passer-by discovered a body in a maize field. She informed the police who attended the scene. The police carried out investigations which led to the positive identification of the body as that of Everjoy Ncube. The body was ferried to Gweru Provincial Hospital awaiting post-mortem.

“On January 11, Mazani came to Zimbabwe with the intention of reconciling with his wife,” said Asst Insp Mukwende.

“The two were on separation as Ncube was alleging that Mazani was abusive while they were in South Africa.

“It is alleged that on January 13 at about 7pm, Mazani went to Ncube’s residence where he asked her to accompany him to Ascot Shopping Centre to buy some groceries. On their way back, it is suspected that the two had a misunderstanding which resulted in the accused stabbing her with a sharp object several times all over the body.”

Asst Insp Mukwende said after committing the crime, Mazani fled the scene and went to his parents’ house in Coolmoreen Compound where he collected his belongings and disappeared.

Midlands Reporters
A Shurugwi man has been arrested for fatally axing his wife after she forcibly took him to a self-proclaimed prophet to get prayers to help him quit beer and start going to church.

The incident happened last week when Tapuwa Chinyama (34) of Village 3, Beacon Kopje in Shurugwi, struck his wife of two years, Betserai Shava (38), with an axe on the head and neck, while his eight-year-old stepdaughter watched haplessly.

It is understood that the couple had a long-standing dispute over Chinyama’s drinking habits.

She had been trying to persuade him to quit beer and start going to church. Chinyama was not asked to plead when he appeared before Shurugwi magistrate Mr Tayengwa Sangster on Thursday last week, facing murder charges.

He was remanded in custody to January 19.

Mr Sangster advised Chinyama to apply for bail at the High Court.

It is the State’s case that on January 8, at around 12pm, Chinyama and Shava, together with their daughter, approached a self-proclaimed prophet from the same village seeking spiritual guidance and counselling so that Chinyama could quit beer.

After the prayer session, Shava and her daughter left first, while Chinyama remained behind.

Chinyama later caught up with two near a stream about 80 metres from the prophet’s shrine.

On approaching his wife and stepdaughter, Chinyama allegedly retrieved an axe that he had hidden in a nearby bush and struck Shava on the head and neck while his stepdaughter watched.

Shava died on the spot, while the daughter fled the scene.

The daughter then rushed back to the prophet’s homestead where she informed the prophet’s wife and other villagers.

The matter was reported to the police, leading to Chinyama’s arrest. Chinyama allegedly caused a stir at Shurugwi Police Station when he attempted to commit suicide by banging his head several times on a toilet seat, claiming that he was having visions of his dead wife’s spirit tormenting him.

He was rushed to Shurugwi District Hospital for treatment.

Mr Pride Gomera appeared for the State.

Tendai Rupapa Senior Court Reporter
Five armed robbers allegedly pounced on a couple in Glen Norah C, Harare during the night and went away with $37 000 cash and mobile phones after torturing the couple with a hot iron.

Mikia Pirikisi (31), Tariro Mutsamanye (27), Daniel Munyanyi (40), Gilbert Tavagadza (47) and Leonard Huni (34), allegedly threatened to shoot the couple when they refused to disclose where they kept their money.

The gang used a hot iron to ‘iron’ the couple’s bodies and they gave in to the torture and disclosed where they kept some of the money.

The suspected robbers appeared in court yesterday before Ms Vicky Mashamba facing charges of armed robbery and unlawful possession of a firearm.

They were remanded in custody to January 29 with instructions to apply for bail at the High Court.

Prosecuting, Mr Sebastian Mutizirwa alleged that on January 3, the gang went to the couple’s house and scaled over the precast wall.

They allegedly used a crowbar to break the kitchen door and entered the house.

They proceeded to the couple’s bedroom and found the couple sleeping.

It is the State’s case that one of the gang members drew a pistol and threatened to shoot the couple if they failed to comply with their demands.

The gang assaulted the couple with an iron bar all over their bodies while demanding cash, the court heard.

They went on to plug in an iron before using it as a weapon to unleash terror on the couple. As a result, the complainants succumbed to the torture and disclosed to the gang where they had hid $5 300.

However, the accused persons were not satisfied with the loot and they ransacked the house and further stole another $32 000, the State alleged.

Zodwa Mkandla

Tendai Rupapa Senior Court Reporter
Harare businesswoman Ms Zodwa Mkandla allegedly lost property worth more than $60 000 to her security guard who on separate occasions used duplicate keys to enter her Domboshava house to loot various goods.

The incidents would happen when Ms Mkandla, the director of Traverse Travel was away on business.

Justice Jasi (26) allegedly stole the goods that included, foodstuffs, electrical gadgets, clothing, jewellery and expensive mobile phones.

Upon noticing that she was constantly losing her valuables whenever she travelled, Ms Mkandla installed closed circuit television (CCTV) in the house.

When Jasi became aware of the CCTV, he allegedly dismantled it and stole the hard drive such that when Ms Mkandla returned from her trip and tried to play the footage, nothing showed.

Jasi was arrested in 2015 and appeared before a Harare magistrate charged with unlawful entry in aggravating circumstances before he was granted bail.

He then absconded court before the trial commenced and has been on the run since then. He was recently apprehended and appeared before magistrate Ms Vicky Mashamba yesterday.

Prosecuting, Mr Sebastian Mutizirwa alleged that sometime in January 2015, Jasi unlawfully entered Ms Mkandla’s house and stole duplicate keys to her main door, bedroom and office.

Between January 2015 and November 2016, Jasi would use the keys to gain entry into the house and steal various goods while Ms Mkandla would be away on business trips.

When she discovered the theft, Ms Mkandla installed a CCTV so that she could monitor movements in her house ,but Jasi stole the hard drive.

The complainant reported the matter to Chinamhora police and investigations commenced. After noticing that there were no signs of break-ins at the house, police detectives conducted searches at all of Ms Mkandla’s employee’s houses.

Munyaradzi Doma in Zvishavane
A domestic worker stunned a Zvishavane court last week when she claimed she stole $9 800 from her employer at the instigation of her husband whom she was reportedly having an affair with. Kimberly Makumbe (19) was jailed for 30 months by Zvishavane resident magistrate Mr Archie Wochiunga after she was convicted of stealing from her employer, Mrs Harukudzai Gore, of Platinum Park.

Makumbe will serve an effective one year after Mr Wochiunga suspended six months on condition she does not commit a similar offence in the next five years. A further 12 months were suspended on condition Makumbe pays back the money she stole from Mrs Gore. In her defence, Makumbe had claimed that she was having an affair with Mrs Gore’s husband, who sweet-talked her into stealing the money.

She said after stealing the money, Mrs Gore’s husband told her to keep only $2 000 while he took the rest. Makumbe further told the court that she started having an affair with Mrs Gore’s husband while she was away in China on business. She admitted to using part of the money to build a house in her rural home, acquire a driver’s licence and to rent a farm in Zvishavane.

Mr Wochiunga, however, said the court was only interested in the identity of the thief. The State led by prosecutor Ms Monica Mungwenya proved that on August 22 last year, Mrs Gore left $9 800 in her wardrobe while she went to work. On January 4 this year, she discovered that the money was missing and made a report to police in Zvishavane.

Investigations led to Makumbe’s arrest.

Innocent Ruwende and Virginia Kashiri
Vendors resisting confiscation of their wares fought running battles with municipal police on Monday evening, with some vendors reportedly being mauled by dogs after invading the Harare Metropolitan Police headquarters in the Workington Industrial area, off Bishop Gaul. It is alleged that vendors attacked municipal police officers who had confiscated their wares on their way to their headquarters and the officers ran into their headquarters with the vendors in hot pursuit.

At the headquarters it is not clear whether municipal police released the dogs, or it is guard dogs that attacked the vendors up to the Kopje area. The city’s corporate communications manager Mr Michael Chideme yesterday defended the municipal police saying they had the right to protect council property.

“The municipal police were attacked by street vendors. There was an operation in the city where about 40 pushcarts were impounded along Robert Mugabe. A group of vendors’ waylaid some municipal policemen as their truck was going to headquarters,” he said.

“The vendors began to attack municipal police officers, who were in the truck. The municipal police officers disembarked from the truck and ran for dear life towards the municipal police headquarters. They were followed into the premises by the vendors.” He said naturally the municipal police are mandated to protect municipal property and at their headquarters the officers defended the municipal property against destruction.

“They did not use dogs, but at the headquarters there are dogs. If you trespass into the municipal headquarters and you are violent, the dogs will attack you.” The vendors accused the municipal cops of stealing their wares. Mr Chideme challenged that the vendors to name and shame corrupt officers.

“If vendors have such cases of confiscation and stealing, we urge them to report such issues. We are tired of reports of rot without substantive naming of culprits. We have asked them to name and shame individuals,” he said. He said there were several vending places in most suburbs, which were not being utilised, including Queensdale, Arcadia, Mupedzanhamo and Glen Norah B among others.

Snr Asst Comm Charamba

Herald Reporters
The Zimbabwe Republic Police says it is finding it difficult to bring cash vendors to book because there is need for an officer of the law to witness an illegal transaction before effecting an arrest. Last year, Government, through the promulgation of Statutory Instrument 122A of 2017 — (Exchange Control (Amendment) Regulations 2017 (No 5), criminalised cash vending without permission from the exchange control authority and empowered police to arrest money peddlers and seize whatever currency involved. Government believes that illegal cash trading is fuelling arbitrary price hikes and rent-seeking behaviour.

Police national chief spokesperson Senior Assistant Commissioner Charity Charamba said the ZRP and the Harare City Council were conducting joint operations to bring sanity to the city. She, however, noted that cash vendors had remained elusive.

“We, as the ZRP, have deployed officers in the streets to curtail the mushika-shika, street vendors and illegal forex traders as our main priority. However, it has been difficult to arrest cash vendors as it requires an officer of law to witness the culprits exchanging money,” she said.

“This operation is a joint venture with the Harare City Council to bring sanity in the central business district (CBD), which has witnessed several arrests of cash vendors.” Snr Asst Comm Charamba said illegal forex dealers were slippery because some of them are always mobile, while others use their vehicles as convenient “offices” to conduct their business.

“Some of them are mobile and in most cases they get into vehicles and conduct their illegal deals. There is need to find a lasting solution such as deterrent sentences,” she said. The police spokeswoman also noted that it was not an offence to hold cash. But the sentences seem deterrent enough.

Under the new legislation, offenders face a mandatory 10-year jail term, while their cash is forfeited to the State and their bank accounts frozen. One of the foreign currency dealers in Harare, Zivanai Mushangwe, who operates at Roadport Bus Terminus, said cash vending was his only source of income.

“I do not have a stable job where I can obtain a salary at the end of month and forex trading is my only source of income as my family needs financial support since I am the breadwinner. We, as forex traders, our lives depend on exchanging money in the streets and that is the only way we can afford to pay rent and send our children to school,” he said.

Illegal cash traders have turned Eastgate Shopping Mall, Copacabana, Roadport, Market Square and First Street into “bureau de changes” for people that intend to buy hard currencies — principally the US dollar and the South African rand — or vice versa.

A snap survey by The Herald yesterday revealed that the illegal foreign exchange trading points in Harare such as Eastgate Shopping Mall, Copacabana, Roadport, Market Square, First Street, Fifth Street and along Kwame Nkrumah Avenue are still a hive of activity. The cash vendors were even soliciting for prospective clients openly.

By yesterday a US$100 bill was changing hands at 120 for bond notes. Though the cash vendors, together with other vendors operating at undesignated sites, are accused of blocking pavements, Harare City Council spokesman Mr Michael Chideme said yesterday the joint operations with police are yielding the intended results.

“We have operations that we are carrying out together and they are bringing in the intended results. On our own, we cannot carry out some of these operations, but with the assistance of the police we can,” he said. He expressed concern over some unruly members of the public, who were attacking both police and municipal police officers when conducting their duties.

Tendai Rupapa Senior Court Reporter
THREE youthful artisanal gold miners from Battlefields, Kadoma, who recorded a video narrating how they “gang-raped” commercial sex workers, were yesterday freed on bail by the High Court after spending five months in remand prison. Through their lawyer Mr Tawanda Takaindisa of TK Takaindisa law chambers, the three successfully convinced the higher court that they were suitable candidates for bail.

Justice Clemence Phiri ordered Romeo Chirara (18), Prince Chikomo (18) and Admire Chirongoma (18) to pay $100 bail each coupled with some conditions. As part of the bail conditions, the trio was ordered to report once a week to the police, not to interfere with witnesses and to continue residing at their given addresses.

Justice Phiri said it would be in the interest of justice to grant the three bail considering how the matter was being constantly further remanded at the lower court without the trial kicking off. He said the bail ruling was postponed on the belief that the trial would commence on November 30, but still it did not kick-off.

“There is no guarantee that the matter would start on the next remand date, which is January 25, hence as a result of that, it would be in the interest of justice to grant the applicants bail,” he said. In their bail application, the gang argued that the women fabricated the rape charges in a bid to fix them for not paying for sexual services.

“They also claimed that the allegations against them stem from their dispute with soldiers over the said prostitutes.” Mr Takaindisa said the “confessions” were stage-managed as his clients were forced to make them on camera by the soldiers after they were severely assaulted.

Chirara, Chikomo and Chirongoma said the said ladies of the night were in the habit of sending soldiers to assault non-paying clients in exchange of sexual favours. The trio and their alleged accomplice Thabani Gazi (20) are facing several counts of rape and robbery.

Fungai Lupande Senior Court Reporter—
Former Harare City treasurer Misheck Mubvumbi and four MDC-T councillors, who are facing a close to $32 million tender scam for the rehabilitation of Firle Sewage Works, were yesterday indicted for trial at the High Court. The trial date for the five, who are facing criminal abuse of duty as public officers, has been set to February 5. Former town clerk Tendai Mahachi, waste water manager Simon Muserere and water director Christopher Zvobgo are also appearing in court on similar allegations.

The court heard that when the offence was committed, councillors Wilton Janjazi (47), Urayayi Mangwiro (42), Masiye Kapare (48) and Paula Macharangwanda (51) were procurement board members. The prosecutor Mr Sebastian Mutizirwa is alleging that sometime in 2010, City of Harare started a programme to upgrade and rehabilitate sewer plants at Firle and Crowborough in Harare.

The programmes were spearheaded by Muserere and Zvobgo, who were responsible for waste water reticulation management. Mubvumbi was to secure funds for the rehabilitation projects. His alleged accomplices, Kapare, Janjazi, Macharangwanda and Mangwiro formed the procurement board. During that time, City of Harare was governed by the Urban Councils Act Chapter 29:15, which set out tender procedures and the role of the procurement board.

In addition, City of Harare came up with a tender procedure award and administration of contracts and procurement of stores material manual. The manual stated that procedures and regulations shall be used without exception in all departments for transparency. It is alleged that the accused persons smuggled unregistered companies for the award of the contract for the Firle sewage works.

They allegedly hand-picked Energy Resources Africa Consortium (ERAC) for a contract valued at $13 816 117, 10. Acting in connivance, the accused reportedly came up with an unpriced bill of quantities for the rehabilitation works and corruptly neglected to request the bidders to submit the required documents.

They disregarded laid down procedures and intentionally by-passed the tender formulation team. On tender opening day, all the accused persons, well knowing that ERAC was not registered, circumvented the tender verification team, which could have picked up the anomaly, the court heard. It is alleged that on March 22, 2011 the accused awarded tender to Sidal Engineering valued at $18 121 125, 10 without following council procurement procedures.

Jason Machaya

Munyaradzi Musiiwa Midlands Correspondent—
FORMER Minister of State for Midlands Provincial Affairs, Jason Machaya, who is facing allegations of criminal abuse of office, has been further remanded to February 20 after the State requested more time to proffer charges against him. Machaya, who was being represented by lawyer, Mr Norman Mugiya of Mugiya Macharaga legal practitioners, pleaded not guilty when he was arraigned before Gokwe magistrate, Ms Sithabile Zungula.

He is out of custody on $1 000 bail.

The prosecutor, Mr Tineyi Tirigo alleged that during a period extending from 2011 to 2017, Machaya, who was the Minister for Midlands used his official powers to acquire land for 1 000 residential stands in Mapfungautsi area which was under Gokwe Town Council’s jurisdiction.

Mr Tirigo told the court that the acquisition of the land in question was contrary to Government policy which allowed the Ministry of Local Government, Rural and Urban Development to acquire only 10 percent of total stands as per requirement of the Commonage Law.

The court heard that as a result of Machaya’s actions, Gokwe Town Council lost revenue in respect of 700 stands. Mr Tirigo further alleged that Machaya went on to impose a land developer known as Striations World Marketing Property Developers to service the stands without following proper tender procedures.

Fungai Lupande Senior Court Reporter
A HARARE company allegedly duped Michel Gelfand Clinic of over $26 000 after it failed to deliver medical equipment from China. Bantex Global (Pvt) Ltd and its director Caulis Jongwe (51) yesterday appeared before a Harare magistrate Ms Rumbidzai Mugwagwa facing theft of trust property charges.

Jongwe was granted $300 bail. The case was remanded to February 14. As part of his bail money, Jongwe was ordered to surrender his passport, to reside at his given address and not to interfere with witnesses pending finalisation of the matter.

The court heard that Bantex Global is a registered company, which is in the business of supplying, repairing and maintaining medical equipment. The prosecutor Mr Sebastian Mutizirwa is alleging that sometime in October 2016, Michel Gelfand Clinic intended to buy a hospital operating table and a theatre led light from China.

They engaged Jongwe who assured them that he was able to buy and deliver the equipment from Shenshen Mindray Bio Medical Electronics in China. On October 13, Jongwe allegedly gave Michel Gelfand two quotations and the hospital made a payment of $26 335 to his Stanbic Bank account.

Jongwe reportedly withdrew the money and spent it. He reportedly became evasive and this prompted the complainant to make a follow up with the supplier in China. It was established that Jongwe did not make such a transaction. A complaint was lodged with the police leading to Jongwe’s arrest.

Fungai Lupande Senior Court Reporter
A 49-year-old Epworth man was yesterday sentenced to one year in jail after being found with two kilogrammes of dagga worth about $200. Sixpence Rozariro appeared before Harare magistrate Josephine Sande and pleaded guilty to possession of dagga.

He was sentenced to a year-and-a half in prison before Ms Sande suspended six months on condition of good behaviour. Rozariro told the court in mitigation that he committed the offence in an effort to provide for his family.

“I sell dagga to provide food for my family. I send my children to school with the money from dagga. May the court be lenient in its sentence because I am the breadwinner,” said Rozariro.

The prosecutor, Ms Francisca Mukumbiri, proved that on January 14 at around 5pm, detectives from Braeside were tipped that Rozariro was in possession of dagga at his residence. The detectives went to Rozariro’s residence and advised him that they wanted to search for dagga in his house.

Searches were conducted in every room in Rozariro’s house, but nothing was recovered and detectives went onto the roof and discovered a white sack containing loose dagga. Rozariro was immediately arrested and the recovered dagga was weighed at Harare Main Post Office and recorded a total weight of 2,32 kilograms. The dagga had a street value of $232.

Daniel Nemukuyu Senior Court Reporter
Harare City Council’s bid to contest the judgment awarding its finance director labour damages amounting to $760 000, has hit the snag after the Labour Court denied the local authority access to appeal to the Supreme Court.

Mr Justin Mandizha, who was employed by council as finance director, was unlawfully dismissed from work and a labour officer ordered his reinstatement or payment of damages.

The Labour Court confirmed the labour officer’s decision, resulting in the local authority seeking permission to appeal the decision at the Supreme Court. Labour Court judge Justice Lawrence Murasi ruled that council had no prospects of success on appeal. He dismissed the application for leave to appeal with costs.

“It is my view that the Supreme Court is unlikely to find favour with applicant’s interpretation of the provision,” said Justice Murasi.

“Thus, there are no prospects of success on the two grounds of appeal. In the circumstances, I am of the view that the application for leave to appeal to the Supreme Court is devoid of merit.It is accordingly, dismissed with costs.”

Top labour lawyer Mr Rodgers Matsikidze of Matsikidze and Mucheche law firm represented Mr Mandizha, while Mr Charles Kwaramba of Mbidzo, Muchadehama and Makoni acted for the local authority. On May 18, 2016, Harare City Council wrote to Mr Mandizha terminating his contract of employment.

The following day, Mr Mandizha responded, seeking clarification of the reasons for dismissal. Mr Mandizha, irked by the conduct of his employer, took the matter to a labour officer, who ruled in his favour.

Mr Mandizha was reportedly fired for failing to steer the city out of debt and not doing enough to reduce ballooning salary arrears. But he argued that his dismissal was unlawful on the basis that no proper assessment or evaluation of his contract of employment was done.

He said the compensation should be $760 000 and other benefits. Mr Mandizha joined Harare in 2015, after a short stint with Cashflow Solutions (Pvt) Limited. He worked with the United Nations World Food Programme and the United Nations Food and Agriculture Organisation before landing the council post.