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ZRP High School sued over bills

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Daniel Nemukuyu Senior Court Reporter
Zimbabwe Republic Police High School, rated among the top academic performers in the country, is embroiled in a legal wrangle with Harare City Council over unpaid bills amounting to $347 000.

The boarding school, which charges fees of up to $1 200 per term, is battling to settle the debt. Most schools charge fees in the range of $500, but they manage to service their bills and to adequately provide for pupils.

Council, through its lawyers Mbidzo Muchadehama & Makoni Legal Practitioners, last week issued out summons at the High Court claiming $347 316. The local authority is also claiming interest, to be calculated at the rate of five percent per annum from the date of demand to the date of payment in full. Harare City Council also seeks an order for costs on a higher scale.

ZRP High, situated on Stand No. 16309 Hatcliffe in Harare, has a legal obligation to pay rates, water, sewer and other levies to the local authority in terms of the Urban Councils Act.

For some time, the educational institution defaulted on paying monthly levies and by January 11 this year, the bill stood at $347 316. Despite demand, the school has either refused or failed to pay the debt, resulting in the civil case spilling into the High Court.

“The defendant has been given the requisite notice to pay the outstanding charges in terms of Section 279 (2) of the Urban Councils Act,” reads the plaintiff’s declaration.

“As a result of defendant’s failure to fulfil its obligation, plaintiff has suffered prejudice by continuing to provide services which are not being paid for.” The school is yet to respond to the claim, but is expected to file its appearance to defend the matter within 10 days of being served with the summons.


PRAZ cancels Zimparks, Adage lease

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Abigail Mawonde Herald Correspondent
The Procurement Regulatory Authority of Zimbabwe (PRAZ), formerly the State Procurement Board (SPB), has cancelled a lease that Zimbabwe Parks and Wildlife Management Authority signed with Adage of Success (Pvt) Ltd comprising 20 lodges at Victoria Falls.

This was after Zimparks signed the agreement without going to tender. According to documents in The Herald’s possession, PRAZ has since fined Zimparks $900 for breaching tender procedures.

It is understood that Zimparks was raking in an estimated $300 000 annually from the lodges, but is now getting only $60 000 per year from Adage of Success (Pvt) Ltd for the same business.

In a letter to the then SPB acting director general of Zimparks Mr Geofrey Matipano, SPB said: “The State Procurement Board is in receipt of an anonymous complaint on the leasing of the lodge 20 of Zambezi National Park.

“Kindly advise of the competitive process, which was used to identify Adage of Success P/L as the most suitable lessee of the property.” Zimparks then wrote to Adage cancelling the lease agreement.

“The letter serves as written notice of the cancellation of the 19 lodges agreement entered into between yourselves and the Authority on the 26th of January 2017,” said Zimparks to Adage.

“This has been necessitated by the State Procurement Board directive dated June 22, 2017.

“You are requested to wind down and give vacant possession of the lodges to the Authority within the next four weeks.”

Zimparks public relations manager Mr Tinashe Farawo confirmed the development in an interview with The Herald.

“We can confirm that SPB (now PRAZ) instructed us to cancel the lease between us and Adage of Success (Pvt) Ltd due to failure to follow proper tender procedures,” he said.

“We can also confirm that we were fined by SPB. However, we are now in the process of discussing with the company with a view to put it to tender.”

Mzembi, Undenge back in court

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Walter Mzembi

Walter Mzembi

Tendai Rupapa Senior Court Reporter
Former Cabinet ministers Samuel Undenge and Walter Mzembi were yesterday back in court for their routine remand. The duo are facing charges of criminal abuse of office during their stint in Government.

Undenge allegedly prejudiced Zimbabwe Power Company of $12 650, while Mzembi is said to have unlawfully disposed of 16 Public Viewing Area television screens worth $800 000 that belonged to Government.

They appeared before magistrate Mrs Rumbidzai Mugwagwa, who remanded them to February 27. Mzembi, through his lawyer Mr Job Sikhala, notified the court that he intends to make an application for refusal of further remand on the next remand date. Undenge, through his lawyer Mr Alec Muchadehama, placed the State on notice that he intended to make an application for relaxation of his bail conditions.

It is alleged that on January 14, 2016, Undenge, a former Minister of Energy and Power Development, abused his office by directing ZPC to hire Fruitful Communications to promote Zim-Asset based power projects without going to tender. Fruitful Communications then allegedly invoiced $12 650 to ZPC and were paid, but did not get any work done. The State says Undenge favoured the communications firm contrary to his duties as a public officer.

On former Tourism Minister Mzembi, the State has it that the Tourism and Hospitality Industry Ministry obtained $2 million from Treasury to purchase 40 LED PVA screens in 2010. The money was paid to suppliers Shanghai Linso Digital Technology Company, and the screens were recorded in the ministry’s asset register upon delivery.

Mzembi allegedly abused his office criminally by intentionally disposing of 16 screens via donations and loaning or hiring them out to various institutions without Treasury’s approval.

Man loses $100k cash to robbers

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Tendai Rupapa Senior Court Reporter
Six suspected armed robbers donning Zimbabwe National Army regalia and Zimbabwe Republic Police attire, allegedly robbed a local businessman of over $100 000 cash at his Borrowdale house after getting inside information from his nephew.

The court heard that the complainant, Albert Chawira, operates flea markets in the capital and his nephew, Tawanda, who worked for him, allegedly gave information to the robbers on his uncle’s cash movements and where he kept the money at home.

A few days after the robbery, the gang was involved in a car accident, which claimed the life of one of them. Tawanda (23) and another suspect Berzel Mazarure (28) appeared in court recently facing armed robbery charges and were remanded in custody.

One of their accomplices, Philani Dhliwayo (27), appeared before magistrate Mrs Rumbidzai Mugwagwa yesterday facing similar charges and was also remanded in custody due to the gravity of the offence, with instructions to apply for bail at the High Court.

Prosecuting, Ms Linda Gadzikwa alleged that on December 16 last year, Dhliwayo, Mazarure and four other accomplices, who are still at large, armed themselves with pistols and headed to Chawira’s Borrowdale home.

Acting on the supplied information, the gang scaled the precast wall at the complainant’s house and smashed the kitchen window to gain entry. One of the occupants, Trymore Masiya, allegedly heard some noise and decided to check where it was coming from. He then saw the gang in the house and rushed upstairs screaming for help.

The suspects gave chase and allegedly manhandled him before he could get to the complainant’s bedroom and forced their way into the main bedroom. While inside the bedroom, one of the suspects produced a pistol and pointed it at Chawira while demanding cash and other valuables.

The suspects told the complainant that they had information that he had received some money from former finance minister Ignatius Chombo, hence, they wanted it. They allegedly assaulted him all over the body before he opened his wardrobe and took a bag containing $20 000 and handed it over to Mazarure. The suspects further assaulted him demanding more money and they broke his hand, the court heard.

It is the State’s case that the gang then ransacked the room and stole $84 000, which was stashed under the bed. They also went away with several mobile phones. A few days after the robbery, Dhliwayo and two of the accomplices, Prince Makodza and Gerald Mupandare, were involved in a car accident along Harare-Mukumbura Road.

Dhliwayo disappeared from the scene, while Makodza and Mupandare were seriously injured before they were rushed to hospital by a Good Samaritan. Mupandare died on admission to hospital, while Makodza escaped from the hospital.

Police searched their damaged vehicle and recovered two special revolvers, rounds of ammunition, ZNA and ZRP regalia. Police investigations led to Tawanda’s arrest and during interrogation, he allegedly admitted to committing the offence and volunteered information, leading to the recovery of his uncle’s stolen cellphones. He then implicated his alleged accomplices.

Cop acquitted of Charamba insult

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Snr Asst Comm Charamba

Snr Asst Comm Charamba

Tendai Rupapa Senior Court Reporter
A 38-year-old police officer who was being accused of insulting chief police spokeswoman Senior Assistant Commissioner Charity Charamba by labelling her an “idiot,” is now a free man after a Harare magistrate cleared him of any wrongdoing.

Through his lawyer Mr Arshiel Mugiya of Mugiya and Macharaga legal practitioners, Assistant Inspector James Mabasa successfully applied for discharge at the close of the State’s case.

The police disciplinary hearing committee also withdrew charges against him after plea, following Mr Mugiya’s objection that the evidence they intended to rely on was not admissible in any court, saying the messages were not authenticated by the service provider of WhatsApp.

Magistrate Ms Josephine Sande accepted Mabasa’s argument that the State failed to prove a prima facie case against him and ruled that he was entitled to an acquittal. Ms Sande added that there was no evidence indicating that the message pointed at Snr Asst Comm Charamba.

She also concurred with Mr Mugiya’s submission that the manner in which the police confiscated Mabasa’s cellphone was illegal and that there was intrusion to his right to privacy because the message was sent on a private platform.

Mabasa, who is based at Police General Headquarters (PGHQ), was accused of making the remarks on a WhatsApp platform sometime in May last year. The message read: “The police used to hold meetings with magistrates and other law enforcement stakeholders to map a way forward, reducing lawlessness, but now it’s the other way round, the public have meetings with lawyers on ways to disregard police.

“The public relations office is headed by an idiot, who doesn’t know that she has to encourage the public to be compliant to the police.”

In her testimony during trial, Snr Asst Comm Charamba maintained that the offensive message was directed at her as the head of Press and Public Relations department.

She also said that she was the only female leader in that department, hence by saying “she” in the message, Mabasa referred to her. When the trial opened, Mabasa denied the allegations, saying he was not the one who authored the said message.

 

Chaplain, teacher in the dock for sexual abuse

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Tendai Rupapa Senior Court Reporter
A chaplain and teacher at Matthew Rusike Children’s Home in Epworth have been hauled before the courts for allegedly sexually abusing vulnerable children under their care.

The 50-year-old chaplain, Clive Chikomo, allegedly raped an 11-year-old orphan in his office before giving her toys to buy her silence. Similarly, Samuel Sigauke (31), who was employed as a teacher at the children’s home, also stands accused of indecently assaulting his former pupil in his office.

Sigauke appeared in court on Monday before Ms Tilda Mazhande who freed him on $50 bail. He will be back in court on February 5. Chikomo will be summoned to appear before Mr Hosea Mujaya for trial commencement. The State alleges that sometime in December last year, Chikomo summoned Mrs Dendere and the minor to his office.

When the two got to the office, Mrs Dendere was excused, leaving the minor with him. It is the State’s case that Chikomo locked the door from inside while asking the complainant why she had not given him a Christmas present.

He then ordered the complainant to move closer to him and she complied. Chikomo started fondling and caressing the minor while covering her mouth with his hand, it is further alleged. He then allegedly raped her.

After the act, Chikomo allegedly ordered the minor not to report the abuse to anyone before giving her toys. A few days later, the minor revealed the matter to a caregiver at the children’s home, who, in turn, informed her superiors of the abuse. The matter was later reported to the police.

The court heard that sometime in November last year, at around 9am, the complainant in Sigauke’s case together with her friends went into his office to get past exam papers for their revision. Sigauke allegedly told the complainant’s friends to leave after he had given the papers, but he ordered the victim to remain behind.

It is the State’s case that Sigauke asked the complainant to kiss him, but she refused, stating that she regarded him as her parent. Sigauke then ordered the minor to get the past exam papers she wanted from a cabinet which was against the wall, the court heard. When she bent over to get the papers, Sigauke quickly took out his manhood and pressed it against the victim’s behind, the State alleged.

The complainant managed to escape and rushed outside where she informed her friend, who then advised her to report the matter to the police. Instead, the minor informed her headmistress Ms Philippa Nhuta of the sexual abuse. Sensing that nothing was being done about her case, the victim kept pestering the headmistress until she eventually made a report to the police.

Gutu man in court for raping girl (5)

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Martha Leboho Masvingo Correspondent
A 25-year-old man from Gutu appeared in court for allegedly waylaying a Grade 5 girl on her way from school and raping her.

The man (who cannot be named to conceal the identity of the juvenile) of Chartsworth resettlement area under Chief Serima has since appeared before Masvingo magistrate Mr Takawira Mugabe facing rape charges. He was not asked to plead by Mr Mugabe who remanded him in custody to February 2 and advised him to apply for bail at the High Court.

Prosecutor Mr Edmond Mapope told the court that on October 12, 2017 at around 1400 hours the juvenile was walking home alone from school along a footpath in a bushy area near Zororo Business Centre. The accused appeared from the blind side and pounced on her.

He allegedly grabbed her right hand and started pulling her into a thicket where he threatened her with unspecified action if she screamed. The accused then tripped the juvenile and raped her while covering her face with her school jersey.

13 nabbed for stealing gold ore

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Wimbainashe Zhakata Mutare correspondent
At least 13 men from Penhalonga appeared before Mutare Magistrates’ Court for allegedly stealing 67x50kg bags of gold ore from Redwing Mine. Simbarashe Lizani (30), Takudzwa Dzike (26), Tadiwanashe Mapfumo (17) Brian Tafirenyika (28), Brighton Mapfunde (25), Tendai Nyakanga (29), Tawanda Muvaki (28), Tinashe Manyama (25), Lyton Mhosva (24), Eliot Muvaki (24), Paul Chiwesi (20), Alson Machiza (37) and Wonder Manda (31) — denied the charges and were released on $30 bail each.

The court heard that on January 16, Mr Tusaumwe Chikumi (47), a security officer at Redwing Mine, received information that there were people underground who were illegally digging for gold.

Mr Chikumi, with the aid of Zviito Nduwaruwa, Denford Katyora and members from the Zimbabwe Republic Police Support Unit raided the unsuspecting men. When the accused were arrested, 67x50kg sacks of gold ore were recovered. Mutare magistrate Ms Perseverance Makala set February 2 as the trial date.


Teacher fatally stabbed

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Munyaradzi Musiiwa
A Mberengwa teacher was fatally stabbed by an unknown assailant outside his house while trying to locate the person who was pelting the roof of his house with stones. Acting Midlands provincial police spokesperson Assistant Inspector Ethel Mukwende confirmed the murder of Mr Cleopas Nkomo, a teacher at Magavakava Primary School in Mberengwa by an unknown assailant. She said the incident happened on Monday evening around 11pm, when Mr Nkomo was stabbed to death outside his house by the suspected killer who had been pelting the roof of the house.

“We are appealing to members of the public who might have information regarding the whereabouts of the suspect to contact the nearest police station,” she said.

Cabman, friend accused of raping girl (9)

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Timo Shihepo Herald Reporter
A 34-year-old pirate taxi driver from Mverechena Village in Domboshava and his friend allegedly took turns to rape a nine-year-old school girl whom they waylaid on her way from school. Sonny Kaswaurere, who pirates around Westgate, appeared before Harare magistrate Mrs Rumbidzayi Mugwagwa facing charges of rape and was remanded in custody to February 10.

Prosecutor Ms Linda Gadzikwa alleged that on January 19, the complainant knocked off from school at around 1pm, but could not immediately go home because the usual commuter omnibus which ferries her and her schoolmates home did not arrive on time. The girl, together with five other schoolmates, decided to walk to Westgate roundabout and get transport to their respective homes.

While at the roundabout, the complainant was then called by Kaswaurere to his taxi, the court heard. It is alleged that when the juvenile approached Kaswaurere’s car, he and his accomplice dragged her into their vehicle. They drove for about 800 metres heading in the direction of Chinhoyi before they parked along Lomangundi Road.

It is alleged that Kaswaurere and his accomplice took turns to rape the minor. They then dumped her and fled the scene. The abuse was discovered by the complainant’s father who noticed that she was failing to sit properly when he ferried her on his bicycle. A report was made to the police, leading to the pair’s arrest.

Meanwhile, a 16-year-old Harare boy appeared in the same court for allegedly raping his three-year-old cousin at their Old Highfield home. He was remanded in the custody of his mother. It is alleged that on January 22, the three-year-old minor woke up crying and went to the dining room where the accused person was.

The accused carried the complainant to his bedroom and locked the door before he removed her diapers and raped her once. The complainant’s mother, who was outside, became suspicious of the complainant’s silence and she began calling her at the same time peeping through the bedroom window, the court heard.

It is alleged that she the boy with his shorts lowered. After noticing that he had been caught red-handed, the accused quickly dressed up and unlocked the door. The complainant’s mother rushed to the bedroom, where she found her daughter alone and sitting on the bed half-naked. The three-year-old minor was interviewed and she revealed the sexual abuse.

Lawyer seeks decree of divorce

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Nokutenda Chiyangwa Herald Reporter—
A HARARE lawyer Mr Graciano Chapupu Manyurureni is seeking a decree of divorce against his wife of 23 years citing verbal abuse as the major cause for breakdown of their marriage. Mr Manyurureni, a senior partner at Manyurureni & Company Legal Practitioners, says he suffered verbal abuse for years at the hands of Mrs Ancicalia Manyurureni (nee Mupereri) and that the couple always quarrelled over petty issues.

The woman also works at Manyurureni & Company as an office administrator. The parties, according to the plaintiff’s declaration, had lost love and affection for each other and that divorce was the best way to go. The couple married on December 24, 1995 and their union was solemnised at the Harare Magistrate’s Court under Chapter 5:11 of the Marriages Act.

The union was blessed with four children, Michelle (22), Graciano Tinotenda (15), Craig Tinaishe (12) and Ryan Takudzwa (9). In the divorce papers, Manyurureni said the marriage had collapsed completely and there was no hope for a settlement as Ancicalia was abusing him verbally.

“The marriage has irretrievably broken down due to the following reasons:

1. The parties have lost love and affection for one another and are going about their day to day business without consulting one another.

2. Further Defendant (Ancicalia Manyurureni) verbally abuses the Plaintiff and the parties quarrel over petty issues,” read part of the papers.

Medical report betrays CIO informer

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Herald Reporter
A medical report has proved that self-proclaimed Central Intelligence Organisation (CIO) informer Delish Nguwaya did not sustain any injuries when he was allegedly assaulted by police officers at the Harare Magistrates’ Court sometime last year during his arrest. According to the report dated August 28, 2017 signed by a Dr Chaka of Parirenyatwa Group of Hospitals, Nguwaya did not sustain any fractures or dislocations.

This comes after one of the police officers Detective Inspector Joseph Nemaisa was summoned to appear before a Mbare Magistrates’ on February 5, facing assault charges under the Criminal Law (Codification and Reform Act). Nguwaya was allegedly assaulted at the Harare Magistrates Court after resisting arrest on August 23 last year. He was arrested and taken to Harare Central Police Station.

This prompted his lawyer, Mr Jonathan Samukange, to file an application for immediate release of Nguwaya citing the then Commissioner-General of police Dr Augustine Chihuri, detective sergeant Chatukuta and Insp Nemaisa as respondents.

In his submissions, Mr Samukange said that his client was brutally tortured by the police, who later took him to hospital “fearing he might die in their hands”. During the application, High Court judge Justice Charles Hungwe asked prosecutor Mr Kenias Chimiti to explain if the police actions were justified under the circumstances.

Mr Chimiti said that no assault was perpetrated against Nguwaya, adding that he was being lawfully arrested for undermining police authority. He further said that Nguwaya was resisting arrest by the police officers dispatched to arrest him from Harare Central Police Station.

Meanwhile, some law enforcement agents have called on senior CIO officials to intervene and stop Nguwaya from damaging the reputation of the organisation by calling himself a “CIO informer”. They alleged that Nguwaya was doing this to instill fear and extort people using the name of the organisation.

Audit exposes Zimparks rot

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Darlington Musarurwa Deputy News Editor
Zimbabwe National Parks and Wildlife Management Authority (Zimparks) board members are in a spot of bother after a Government audit revealed that they could have used funds from the parastatal unprocedurally to pamper themselves. The audit, which was conducted by officials from the Auditor-General’s Office, indicated that apart from the board of directors being improperly constituted according to the law, board members were allegedly abusing their authority to loan themselves funds, including using the authority’s assets for personal use without Government approval.

In one worrying incident, the board members even splurged more than $17 000 on laptops and cellphones for personal use. Auditors concluded that not only was the behaviour of the directors in violation of regulations, but the unsanctioned allowances and benefits could also potentially attract penalties from the Zimbabwe Revenue Authority (Zimra).

The report, seen by The Herald, indicates that the composition of the current seven-member board falls foul of Section 5 of the Parks and Wildlife Act, which stipulates that at least two of the board members should be professionals in financial and business management, and law, respectively.

“I noted that the Authority’s board of directors does not have members with financial and legal background, contrary to provision of the Section 5:3(a), IV and 5:3(b) of the Parks and Wildlife Act (Chapter 20:14), which states that the board should have a member with financial and business management and that one shall be a legal practitioner registered in terms of the Legal Practitioner Act (Chapter 27:07),” reads part of the audit report.

“The Authority should comply with provisions of Section 5 of the Parks and Wildlife Act on board appointments. Board members with financial and legal background should be considered,” it adds.

The Zimparks board is chaired by Mr Tichafa Mundangepfupfu, who is deputised by Mrs Idah Mupamhanga.

Other board members that time were Messrs Cephas Mudenda, Tafadzwa Mundoga, Edison Chidziya, Wilson Mutinhima and Neville Mutsvangwa.

Messrs Mutinhima and Chidziya are, however, no longer part of the board, and have since been replaced by Dr Hesphina Rukato and Ms Dorothy Mabika.

Mr Fulton Upenyu Mangwanya is now the new director-general, replacing Mr Chidziya. But barely three months into his appointment, in May 2016, the board chair was reportedly given a $1 069,86 loan, which he, however, repaid over three months without interest.

“This is contrary to Section 3.21 of Corporate Governance Framework for State Enterprises and Parastatals, which states that loans made either directly or indirectly to non-executive directors are prohibited unless the granting of loans is the core business of the entity and subject to the rules and procedures applicable to the granting of loans,” says the report.

Sources at Zimparks say the gap left by the departure of the former director-general of the wildlife management body, Mr Edison Chidziya, in 2015 — which was only filled on August 1, 2017 through the appointment of Mr Fulton Upenyu Mangwanya — led the board to increasingly dabble in the day-to-day running of the institution.

As a result, “board members frequently visited the Authority for other business besides the scheduled board and committee meetings”. However, this came at a cost to the parastatal as they were paid travelling and subsistence allowances of $60 per visit, which, again, were not taxed.

Zimra says in terms of the 13th Schedule and 33rd Schedule of the Income Tax Act, director’s fees “director’s fees are taxable as employment income or business income”.

In essence, they are considered remuneration if paid to a director of a company or to a chairperson or member of any board of a statutory corporation from which the individual also receives other amounts considered as remuneration.

There are also concerns that the board members received payments in addition to the normal board fees and sitting allowances. For example, on December 12, 2016, the chairperson, vice board chair and three other board members received $1 080 to attend Zanu-PF’s National People’s Conference in Masvingo.

Among some of the discrepancies that were identified by auditors were sitting allowances — usually paid at a rate of $152 — that were paid using the board fees’ rate of $204. Essentially, Zimparks was prejudiced of $52 per sitting.

Similarly, though board members were entitled to fuel allowances of $300 per month; they have been receiving $390 per month. Overall, the Authority overpaid by more than $5 760 during the 2016 audit review period.

All these payments were made without Government approval. However, perhaps the biggest sign of profligacy was the $17 000 spent on cellphones and laptops without Government approval.

Also during a physical verification of assets, it was discovered that Mr Mundangepfupfu was using a Zimparks motor vehicle — a Foton Station Wagon (GNP840) — for personal use. “All these benefits, which accrued to the board, including the chairman’s motoring benefit, was not taxed.

“Board fees, allowances and benefits should be paid based on approvals from the parent ministry. The Authority should recover all overpayments and taxes should be levied on benefits and remitted to Zimra,” added the report.

Efforts to get a comment from Zimparks public relations manager Mr Tinashe Farawo were fruitless, as he was reportedly believed to be out of town.

Mutodi off the hook

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MUTODI ENERGYFidelis Munyoro Chief Court Reporter—
Businessman and musician Energy Mutodi’s application for refusal of further remand was granted last Friday after the prosecution failed to justify its stance to keep him on remand without a trial date. Mutodi was on remand on charges of communicating false statements after allegedly implicating some politicians in the poisoning of President Mnangagwa last year.

He was facing two other charges — undermining the authority of former President Robert Mugabe and causing disaffection among the Zimbabwe Defence Forces (ZDF). Harare magistrate Ms Rumbidzayi Mugwagwa granted the application. Prosecutor Mr Sebastian Mutizirwa did not oppose the defence application.

The charges emanated from an article written by Mutodi last year in August titled “Why choosing a successor is a difficult job?” In the article, Mutodi warned former President Robert Mugabe that he would face a military coup if he failed to choose his successor wisely.

An online publication had interpreted the article wrongly after it posted news on its website insinuating that Mutodi had said Mugabe would go the Gaddafi way. The State alleged that the article caused disaffection among the defence forces and also undermined Mugabe’s authority.

On August 12, there was a Presidential Youth Interface Rally in Gwanda and by that time Mutodi was in prison when the then Vice President Emmerson Mnangagwa was allegedly poisoned.

Two weeks later, on August 25, after being released from prison on bail on the first two charges, Mutodi immediately posted on his Facebook wall that the then VP Mnangagwa had allegedly been poisoned in a helicopter he used to travel to Gwanda by two ministers whom he named.

Mutodi, who posted several articles in support of President Mnangagwa at the height of the succession battle, was arrested on charges of publishing falsehoods prejudicial to the State. Ms Mugwagwa refused further remand on all the three cases and Mutodi is now a freeman. Muzokuthula Mbuyisa of Mtetwa and Nyambirai represented Mutodi.

Pardoned serial fraudster dupes people of $72 000

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Margaret Matibiri Herald Correspondent
A serial fraudster who was pardoned during the Presidential amnesty in 2016 is back in court facing more than 10 counts of fraud involving $72 000 after masquerading as a Zimra official and swindling people on the pretext that he could buy cars on their behalf in the authority’s auctions.

Kudzai Nyoka (32) allegedly made people believe the would be a car auction and as a Zimra employee she could buy the cars at a discount. She appeared before magistrate Ms Rumbidzayi Mugwagwa yesterday facing six counts of fraud. She also appeared before the same magistrate last week facing several counts of the same nature.

Prosecutor Ms Linda Gadzikwa told the court that Nyoka was convicted in 2012 of fraud charges and was sentenced to 35 years imprisonment before benefiting from amnesty.

It is alleged that on November 17 last year, the complainant Tinashe Mungazi wanted to buy a vehicle and was referred to Nyoka by a friend. Nyoka lied to Mungazi that she was a Zimra employee and that there was a car auction at Zimra.

She sent a catalogue of the cars to be auctioned to Mungazi who chose a Toyota Runx, which was going for $1 500. He gave her the money after she promised to deliver the car after seven days.The court heard that Nyoka failed to deliver the vehicle as promised, prompting Mungazi to make a police report.

It is also alleged that on November 27 last year, Rejoice Mangori was at Goshen Hair Saloon along Nelson Mandela Avenue when she heard her hair dresser speaking to her friend about how Nyoka, whom they referred to as a Zimra employee, was able to assist people to buy goods at Zimra auctions.

Mangori expressed interest in buying a refrigerator and she was linked to Nyoka by her hairstylist Charity. Nyoka advised Mangori to deposit $104 into her Ecocash account.

Nyoka disappeared after receiving the money prompting Mangori to report the matter to the police. The court heard that Nyoka used the same method to swindle other people of their money and she allegedly got away with $71 900.


Paedophiles must be castrated, says Judge

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Justice Bere

Justice Bere

Mashudu Netsianda Senior Court Reporter—
A HIGH Court judge yesterday renewed calls for the enactment of a law that approves castration as punishment for paedophiles. Bulawayo High Court judge Justice Francis Bere made the remarks as he dismissed an appeal against sentence by Sikunda Dube (57) of Plumtree. Dube is serving 20 years in jail for raping and impregnating his neighbour’s 16-year-old daughter.

Justice Bere, sitting with Justice Martin Makonese during a criminal appeals court condemned men who abuse young girls to quench their sexual appetites, saying perpetrators deserve to be castrated.

The judge’s castration call comes two years after he said wealthy rapists should be forced to part with some of their assets and money, which should go towards paying medical bills and rehabilitation of victims in addition to stiff jail terms. “You may have destroyed the victim’s future by raping and impregnating her resulting in her being a mother at a tender age. The victim is now facing a burden of single handedly raising the baby.

“Paedophiles that go around sexually abusing minors should be castrated as some form of punishment, which is what legislators are calling for. The court will, therefore, not interfere with the sentencing of the court a quo. Accordingly, the appeal against sentence is dismissed,” ruled Justice Bere.

Dube, who was a self-actor, filed an appeal before Justice Bere challenging his sentence citing the State as the respondent. Dube of Tshibako Village under Chief Bango area was in 2015 convicted of rape by Bulawayo regional magistrate Mrs Sibongile Marondedze and sentenced to 20 years in jail two years of which were conditionally suspended for five years.

In his grounds of appeal, Dube argued that the sentence was too harsh and induced a sense of shock. “The sentence is too harsh and needs to be reviewed. I am a family man, who is also a widower and a sole breadwinner looking after my five children. May justice be tempered with mercy and I pray that the appeal against sentence succeeds,” said Dube.

The State through Mr Whisper Mabaudhi opposed the appeal, arguing that the magistrate did not misdirect herself when she exercised her sentencing discretion. “Appellant was a neighbour to the victim. To compound his blameworthiness, the victim suffered from mental illness and as a result of the rape, the girl became a mother at a tender age,” he said.

Mr Mabaudhi said aggravating circumstances outweighed mitigatory factors. The court heard that sometime in July 2013 at around 6pm, the complainant was herding goats near Dube’s homestead when the accused approached her from behind and grabbed her.

Dube then forced the girl to lie on the ground before he removed her clothes and raped her. He threatened to assault the victim if she reported the matter to anyone before freeing her. The victim did not reveal her ordeal to anyone and the matter came to light when she started developing pregnancy symptoms.

On being quizzed by her uncle and mother she disclosed the rape. A report was made to the police leading to Dube’s arrest. In 2015 Senators, in their quest to end child marriages, demanded that Government enacts laws that approve castration as punishment for anyone who sleeps with a child below the age of 18. They also insisted that parents or guardians, who accept lobola from men, who marry under-age children, should face prosecution together with the culprits.

Church sues firm in property deal

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Daniel Nemukuyu and Nokutenda Chiyangwa
The Methodist Church in Zimbabwe, Park Town Circuit, has sued Samuelson Investments Private Limited alongside Patrick Munyaradzi Mahari over a mishandled property transfer deal which dates back seven years.

The church, which is being represented by Messrs Moyo and Jera Legal Practitioners, filed an application at the High Court on January 26 seeking an order for the respondents, Mahari and Samuelson Investments to transfer to them a piece of land which is situated in the district of Salisbury, Stand 2843 Township of Subdivision M.

The property in question measures about 540 square metres and was attained by the church at a price of $11 250. Samuelson Investments sold the piece of land to the church in April 2011 and agreed to transfer ownership of the piece of land to the Methodist Church within a reasonable period of time.

In spite of the agreement, the sellers of the property became evasive towards the church’s efforts to get them to sign the required documents for the property transfer as well as to attend to the Zimra requirements for the issuance of the Capital Gains Tax Clearance Certificate.

Therefore, the Methodist church has resolved to make an application to court to possibly compel the seller (Samuelson Investments) to immediately transfer ownership of the property, failure of which would result in the Sheriff of the High Court signing all the necessary documents for transfer to be effected.

“The 2nd Respondent be and is hereby ordered to sign all the necessary papers to enable the Applicant to take transfer of the aforementioned property within 10 days of the service of this order on the 1st Respondent,” reads the applicant’s affidavit.

Bogus lawyer thrown behind bars

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Lovemore Kadzura Rusape Correspondent
A Rusape man, who masqueraded as a lawyer and debt collector and duped an unsuspecting client of his money, has been jailed. Bartholomew Mataga (62) of 1093 Mabvazuva, who was represented by Mr Tendai Bvuma of Bvuma and Associates, pleaded guilty when he appeared before Rusape magistrate Ms Patience Ururu Madondo.

He was sentenced to 12 months in prison. Mataga, who is also a messenger of court for Chief Makoni, is among the growing number of paralegals in Rusape, who are doing work that is meant for professional lawyers and shortchanging people in the process.

Prosecutor Mr Gift Mutigwa told the court that Mataga duped Herbert Kutadza of $180 after he misrepresented that he could assist him in a civil litigation case against Emma Mwaramwidze. The court heard that on October 28, 2016, Mataga met Kutadza, who was filing a civil suit against Mwaramwidze at Rusape Magistrate Court.

Posing as both a debt collector and lawyer, Mataga allegedly took the complainant to his office opposite Rusape Town Council, where they discussed how Kutadza could make payments for the services. Kutadza agreed to pay a $10 processing fee for every paper.

When he gave Mataga the first $10, he was issued an invoice number 046, which was produced in court as exhibit. It is the State’s case that after two weeks, Kutadza then gave Mataga another $20 for processing more papers, which he said were required in court.

Sometime in March 2017, Mataga phoned Kutadza to say that the court had ruled in his favour and Emma Mwaramwidze was supposed to pay $3 000 plus costs. On June 12, 2017, Mataga phoned Kutadza asking for $150. Kutadza was prejudiced $180 as a result.

Granny jailed over python skin

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Michael Magoronga Midlands Correspondent
A Chiwundura communal lands grandmother will serve an effective nine years in prison after she pleaded guilty to possessing python skin.

Jesika Matsikidze (60) of Chemukuyu Village under Chief Chiwundura appeared before Kwekwe Magistrate Mr Livard Philemon last week facing charges of contravening the Parks and Wildlife Management Act, which prohibits anyone from possessing endangered species without a licence.

In passing sentence, Mr Philemon said it was common knowledge that if one had to keep such a trophy, they should have a permit. In her defence, Matsikidze told the court that she used the python skin for her traditional rituals and for healing purposes.

“I use it for my rituals and as medicine. I was not aware that I have to get a licence to keep the python skin,” she said.

Matsikidze denied killing the reptile, saying she bought the skin from another woman whose identity she did not reveal in court. The skin, which weighed 0,63kgs, measuring 2,03 metres and valued at $2 000, was found hanging in Matsikidze’s bedroom by police detectives.

For the State, Mr Nyasha Ndoro told the court that the matter came to light on January 18 this year. The court heard that on the day, police detectives were searching Matsikidze’s house on a separate case when they discovered the python skin hanging in her bedroom.

Matsikidze failed to produce a licence for the trophy upon request by the detectives, leading to her arrest. The python skin was produced in court as an exhibit.

Convict exposes lawyer in court

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Senior Court Reporter
A Chitungwiza man who was found in possession of an elephant tusk, left the court gallery in stitches when he changed his “not guilty” plea to “guilty” after a full trial, indicating that it was not his intention to waste the court’s time by denying the charge, but had been forced by his lawyer to deny it.

Onisimo Tafiraje (31) pleaded not guilty when his trial commenced before Harare magistrate Ms Josephine Sande. After a fully contested trial, Tafiraje was found guilty of the charge.

On the day of the sentence, his lawyer did not show up and during mitigation, Tafiraje, who was now a self-actor, pleaded for the court’s leniency, saying that he had been forced by his lawyer to deny the charge. He added that he wanted to say the truth from the onset, but had to follow his lawyer’s advice. Tafiraje admitted to have been found in possession of the tusk worth $173.

He failed to give any special circumstances to have the mandatory sentence reduced. Ms Sande then sentenced him to nine years behind bars and an additional year for wasting the court’s time. He will serve an effective 10-year prison term.

“The offence you committed is serious in nature and I have not found special circumstances to persuade me from departing from the minimum sentence,” said Ms Sande. “I will add another year for wasting the court’s time by denying the obvious.”

In aggravation, Ms Francesca Mukumbiri said offences of that nature were on the increase, hence it ,was the duty of the court to safe guard the specially protected animals, lest they become extinct. She then called for a lengthy custodial sentence.

On December 29 last year at around 10am, detectives from the Minerals and Border Control Unit received information that Tafiraje was in possession of an elephant tusk and was looking for a buyer in Chitungwiza.

The detectives proceeded to Chitungwiza where they met Tafiraje at Zengeza shopping centre after posing as buyers. Tafiraje got into the detective’s vehicle and took out the elephant tusk from his satchel and handed it to one of the detectives. The detectives then identified themselves and Tafiraje was arrested.

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