Daniel Nemukuyu Senior Court Reporter
Civil Aviation Authority of Zimbabwe is set to lose its fire engines and other properties over $3,1 million allowances owing to its former workers after it emerged that the company’s Labour Court appeal had since been thrown out.

CAAZ deployed firefighters to the Democratic Republic of Congo for operations in the war zone between 1999 and 2004, but did not pay them the promised allowances.

While soldiers and other personnel deployed to the war zone during that time were paid, the 123 civilians did not get their dues, a development that prompted them to seek legal recourse.

On December 23 last year, Chief Justice Godfrey Chidyausiku was misled and temporarily interdicted the Sheriff from removing the attached fire engines from CAAZ premises under the impression that CAAZ had a pending appeal at the Labour Court.

The attachment, removal and auctioning of the fire engine was being done in fulfilment of the $3,1 million arbitrary award issued in favour of the 123 ex-workers.

Chief Justice Chidyausiku directed the Registrar of the Supreme Court to set down the Supreme Court challenge against execution of the award for hearing during the first legal term of 2016.

An investigation by lawyers representing the 123 workers, Matsikidze and Mucheche Legal Practitioners, revealed that there was no pending contestation at the Labour Court and that the case cited before the Supreme Court as pending had been thrown out in May last year.

Mr Caleb Mucheche, on behalf of the 123, filed a supplementary notice of opposition at the Supreme Court informing judges of the discovery.

The Labour Court order attached to the supplementary documents and delivered by Justice Rodgers Matsikidze read:

“It is ordered that the appeal filed under case Number “LC/H/704/13” be and is hereby dismissed for failure to file heads of argument in terms of Rule 19(3) (a) of the Labour Court Rules, Statutory Instrument 59 of 2006.

“The respondents shall bear the applicant’s costs.”

In light of the latest discovery, the Supreme Court is most likely to nullify and reverse its earlier decision.

This leaves CAAZ’s property exposed to attachment and auctioning.

In 2004, arbitrator Mr Phillip Bvumbe ruled in favour of the workers.

“It is therefore ordered that the Civil Aviation Authority of Zimbabwe should pay the applicants the outstanding allowances within 14 days from the date of this award,” he ruled.

“The outstanding amounts will attract an annual interest rate of 4,3 percent from the 27th of February until fully paid.”

Initially, the 123 workers were claiming $4 811 150 from CAAZ, but the parties later agreed on $3 176 425, which was rubber- stamped by the arbitrator.

In October 1999 at the height of the bloody war between the rebel groups and the National Government of DRC, the firefighters operated in that country until January 2004.

The workers that were seconded to DRC were deployed in groups of nine for periods ranging from one to six months and the rescue and fire fighter services was based at N’djili Airport in Kin- shasa.

The workers argued that between 1999 and April 2001, they were supposed to get $75 per day, but it was unilaterally slashed to $50.

For the period in question, the fire- fighters were paid $50 per day, leaving a balance of $25 per day.

From March 2001 to 2004, the daily allowance rates for the fire fighters was increased from $75 per day to $250, but they still got $50 per day for that period, leaving CAAZ with a balance of $200 per day each for all the fighters who were on the mission.

After they did not get their outstanding allowances, the firefighters took CAAZ to the arbitrator, Mr Bvumbe, who granted the order sought by the workers and ordered the parties to agree on the quantum.

The parties later returned to the arbitrator with an agreed allowance schedule that was confirmed last week.

During their stay in DRC, the workers argued that they were denied rights to decent accommodation, food and medical care.

It was submitted that the firefighters ended up being attacked by diseases associated with consuming dirty water and food as well as other poor health hygiene services.

A father who allegedly molested his two-year-old daughter has appeared in court facing rape charges. The man was entrusted with the custody of his daughter while the mother stayed behind in South Africa where she was working. Appearing before Mr Elijah Makomo yesterday, the man was not asked to plead. Mr Makomo remanded him in custody to January 21.

He advised him to apply for bail at the High Court as Mr Makomo’s jurisdiction does not grant him powers to give bail in such cases.

Prosecutor Ms Idah Maromo alleged that on November 20 last year, the man travelled from South Africa with his daughter on holiday.

The court heard that the two slept in the same room and bathed together.

It is alleged that when the girl’s mother joined them for the holiday, she noticed that the girl’s genitals were swollen but did not take any action.

It is the State’s case that on New Year’s Day the mother noticed that the baby was not wearing her diaper and asked her to retrieve it.

The baby allegedly took the diaper from the bedroom where her father was sleeping.

On the same day during the night the mother heard her daughter crying while she was in the bedroom with her father and when she was called out she went to her mother without her diaper on, it is alleged.

The court heard that the mother then noticed that her daughter’s genitals were swollen and had some white fluid on it.

The baby’s mother then suspected that her husband had raped their daughter and reported the matter to the police leading to the man’s arrest on January 3.

Fungai Lupande Court Reporter
A medical doctor testifying in the sodomy case of Pama Meats managing director Andreas Livaditakis yesterday said the 19-year-old gardener had lacerations in his rectum. Livaditakis (44) is facing four counts of aggravated indecent assault. Dr Kelvin Mupunga said the 19-year-old had three lacerations which were at different healing stages. “The different healing stages meant that the trauma was separate. I also concluded that it was three different occasions,” said Dr Mupunga.

“The patient tested negative for both HIV and sexually transmitted diseases. His anal sphincter was intact meaning the damage was moderate and he can still control his waste.” Prosecutor Mr Ephraim Zinyandu closed the State case after tendering WhatsApp messages between Livaditakis and his gardener.

Giving his defence, Livaditakis -who is represented by his lawyer Mr Ephraim Ndlovu – said he never married and has no children. “I have a girlfriend and we have been together for two years,” he said

“The complainant is my former employee who has been coaxed to fabricate allegations against me by former employees. “The charge, counts and allegations are pursuant of a scheme to extortion, intimidate and smear him.”

Mr Zinyandu alleged that sometime in January last year around 9am the complainant was alone in the tuck-room washing watering cans.

Livaditakis allegedly entered the room holding a cup of fruit juice which he offered the gardener.

After drinking the juice the complainant felt dizzy and weak.

Livaditakis allegedly started fondling and kissing the complainant.

He allegedly bent him over and sodomised him.

Livaditakis gave the complainant $100.

In March around 1pm Livaditakis called the complainant into his bedroom and started fondling him, it is alleged.

He sodomised him and gave him $70 before ordering him to go back to his work.

In August he sodomised him again and gave him $30.

On another day in August, Livaditakis called the complainant into his bedroom and started kissing him before sodomising him.

The complaint told Livaditakis that he was going to report him to the police.

He promised to give him $5 000.

Daniel Nemukuyu Senior Court Reporter
ONE HUNDRED AND TWENTY THREE former Civil Aviation Authority of Zimbabwe firefighters, who last year attached the authority’s fire tenders over unpaid allowances to the tune of $3,1 million, have instructed the Sheriff to release the property for security reasons. The former employees’ lawyer Mr Caleb Mucheche of Matsikidze and Mucheche law firm, wrote to the Sheriff of the High Court instructing him to release the fire tenders considering the dangers associated with operating an international airport without fire engines.

Instead, the ex-workers have instructed the Sheriff to attach any other properties to ensure safety at the country’s international airport. CAAZ deployed the fire-fighters to the Democratic Republic of Congo for operations in the war zone between 1999 and 2004, but did not pay them the promised allowances.

While soldiers and other personnel deployed to the war zone during that time were paid, the 123 civilians did not get their dues, a development that prompted them to seek legal recourse.

An arbitrator, Mr Phillip Bvumbe, ruled that the workers should get their outstanding allowances. Acting on the arbitral award, the 123 instructed the Sheriff to attach CAAZ property to recover the outstanding $3,1 million.

In a bid to stop the attachment, CAAZ filed an appeal at the Labour Court that was thrown out in May last year. CAAZ, on the wrong basis that there was still a pending Labour Court appeal, approached the Supreme Court seeking to stop the removal and sale of the attached property.

Chief Justice Chidyausiku on December 23 interdicted the Sheriff from executing the order and directed the Registrar of the Supreme Court to set down the matter for hearing at the earliest convenience.

However, Matsikidze and Mucheche law firm carried out an investigation and established that there was no pending appeal at the Labour Court and that the matter relied upon by CAAZ had since been dismissed.

Mr Mucheche, on behalf of the 123, filed a supplementary notice of opposition at the Supreme Court informing judges of the discovery. In light of the latest discovery, the Supreme Court is most likely to nullify and reverse its earlier decision.

This leaves CAAZ’s property exposed to attachment and auctioning. In a letter to the Sheriff dated January 5 2016, Mr Mucheche indicated that the attachment of fire tenders would compromise the safety of the airport.

“Our clients have noted that the attachment and removal of fire tenders unnecessarily makes the airports of our beloved country hazardous places, something undesirable for our nation.

“Without conceding to the aforementioned ill-fated application filed by the Civil Aviation Authority of Zimbabwe, but solely on the basis of patriotism and humanitarian grounds to maintain safety as an essential service at our national airports, our clients hereby instruct you to immediately release the judgment debtor’s fire tenders, which you attached in judicial execution of a legally valid and extant High Court judgment . . .”

In the event that the Supreme Court case is thrown out, the ex-workers said they will instruct the Sheriff to attach any other property from CAAZ.

Ivan Zhakata Court Reporter
A Rural Electrification Agency (REA) employee was yesterday taken to the Harare Civil Court by his wife who is demanding $300 for the upkeep of their minor child. Macmillan Taurai allegedly neglected his one-year-old son right from birth. His wife, Priscilla Muyengwa, told magistrate Mr Trevor Nyatsanza that Taurai abandoned her when she was pregnant and became evasive after she gave birth to the child.

“I want $300 for our child who is one-year eight months old,” Muyengwa said. “Macmillan works at REA and earns $550 per month. He does not have any family or dependants, so he is able to foot the bill. “The money will cater for the child’s basic needs among them food, shelter, clothing and medicals,” she said.

Taurai offered $50 and told the court that he was a contract worker at REA and his contract was terminated in September last year, before tendering his contract. “I cannot give her $300. It is too much because I am no longer employed,” he said.

However, Mr Nyatsanza told Taurai that his documents only showed the duration of his contract but did not indicate whether it was terminated or renewed.

Muyengwa then produced a letter from the REA human resources manager confirming that Taurai was still employed by the company. Taurai, however, contested the $550 salary alleged by Muyengwa and told the court that he earned $270 per month.

Mr Nyatsanza then ordered Taurai to pay $60 per month for the upkeep of his minor child.

Abigail Mawonde Herald Correspondent
Government has instituted investigations into allegations that Seke 1 High School headmaster Mr Chrispen Taruvinga abused at least $211 000 paid by parents in levies. Permanent Secretary in the Ministry of Primary and Secondary Education Dr Sylvia Utete-Masango confirmed on Monday that they were dealing with the case. This followed a letter written by Seke 1 High School Development Committee (SDC) vice chairman Mr Travor Maziwisa to the ministry alleging the fraud.

The Harare provincial education office was currently following up on the matter and would advise in due course, said Dr Utete-Masango. In the letter written on behalf of parents, Mr Maziwisa alleged systematic fraud by a syndicate that includes Mr Taruvinga. Issues that have raised eyebrows include the drilling of a borehole at a cost of $19 000, duplicated receipt books, the repair of a school bus and understating of income for 2014 by $135 844.

Reads the letter by the SDC to Dr Utete-Masango: “We discovered that the borehole was sunk at a total cost of $19 000. The borehole is an ordinary one. It has no casing, no booster pressure and pressure tank, just a submersible pump and a tank.

“Investigations made revealed that the driller was never paid $19 000. This total amount could have sunk more than five boreholes. Again the head was involved in this criminal conduct,” read the letter.

The SDC also claims that Mr Taruvinga inflated the costs of repairing a school bus by more than 100 percent.

“It is surprising that a school bus was fixed and painted for a whopping $27 000,” wrote the SDC.” It is also disheartening that after this big sum was used the bus is still not moving. It is against this background that the money was grossly abused.

“Investigations made by the committee revealed that the refurbishments made to the bus were not more than $10 000. The person who refurbished the bus confirmed receiving not more than $8 000. As the sub-accounting officer, the head was fully behind this scandal.”

The SDC further alleged that 16 receipt books were photocopied and used separately. “On 29 June (2015) the (SDC) chairlady, vice chair and the treasurer discovered some of the fraud. There were two separate receipt books with the same serial number but with different amounts and names written on it.

“On questioning the head about the issue they received (an) unconvincing response. Money receipted in this manner found its way into private pockets prejudicing the school of $53 000.”

Parents are also unhappy with the abuse of funds at the school tuckshop. They allege that $16 000 was invested into the tuckshop with $22 000 expected as return after trading but only $11 000 was realised from the investment. Initial results of an audit carried out by the Auditor-General’s Office confirmed some of the abuse.

On income, the audit notes: “The income for the financial year 2014 was understated by $135 844 as the financial statements submitted for audit showed that $275 506 was collected while after verification of source documents like receipts and debtors lists indicated that the income was $411 350.”

The audit also confirmed that receipt books were photocopied and used in fraudulent activities.

“Five receipt books are suspected to have been used to commit fraudulent activities in the 2014 financial year. It is suspected that two sets of receipt books bearing same serial numbers were being used to receipt levy fees from students,” revealed the audit.

Mr Taruvinga confirmed there were such allegations in an interview with The Herald yesterday.

“The ministry is aware that there are such allegations being levelled against me and so right now there are auditors at the school who are looking into the matter,” he said. “I cannot comment further on the issue since my job does not permit me to do so.”

Mr Alban Chirume

Fungai Lupande Court Reporter
Zimbabwe Stock Exchange chief executive Alban Dhladhla Chirume yesterday appeared in court facing domestic abuse charges. Chirume (52) of No. 41 Harare Drive, Borrowdale, Harare, appeared before Harare magistrate Mr Arnold Maburo. He was remanded to Monday for trial on free bail. He is accused of contravening the Domestic Abuse Act and was represented by Ms Beatrice Mtetwa.

Prosecutor Mr Oscar Madhume alleged that Chirume removed his wife’s property from No. 41 Harare Drive to No.52 Borrowdale Road without her knowledge and approval. The wife, Susan Mutangadura (46), learnt that her property was removed on Sunday after her domestic worker called her.

She drove to No. 41 Harare Drive and found the gate locked. A security guard at the premises told Mutangadura that Chirume had instructed him not to allow her into the premises. The guard sought Chirume’s advice, gbut he was not forthcoming. The court heard that Mutangadura climbed the precast wall to get into the house.

While she was scaling the wall Chirume came running out of the house and held Mutangadura by the legs.. A scuffle ensued as Mutangadura tried to free herself. She was bruised on both hands.

She started screaming, alerting neighbours who tried to counsel the couple. DEspite the neighbours’ intervention, Chirume insisted that Mutangadura leave the house. Mutangadura reported the matter to the police leading to Chirume’s arrest.

Herald Reporters
A load, haul and dump machine (LHD) operator at Mimosa Mining Company died after he was crushed by a drill steel barricade underground. In another case, a Zimbabwe Electricity Distribution and Transmission Company employee was electrocuted at the weekend while carrying out repairs on a transformer in Mhangura. LHD operator, Charles Teketai (41) was struck on the head by drill steels while Zacharia Jorodhani (45) was electrocuted as he repaired a transformer near a dam wall at Green Valley Village in Mhangura on Sunday.

Mimosa head of corporate affairs Ms Elizabeth Nerwande-Chibanda confirmed the incident which occurred on Monday at the Zvishavane-based platinum mine. She said Mr Teketai was tramming ore when his LHD machine encroached into a drill steel barricade, resulting in one of the drill steels striking his head.

He died on the spot as a result of the severe head injuries he sustained due to the accident. His body was taken to Zvishavane District Hospital for postmortem. Zesa public relations manager Mr Fullard Gwasira confirmed Mr Jorodhani’s death saying he tried to shift a metallic ladder to another pole when it got in contact with a live wire.

This triggered electric shock that led to his instant death.

“This is an unfortunate incident which has led to the tragic loss of life. The standard procedure is that investigations are carried out to establish the cause,” he said.

Snr Asst Comm Charamba

Abigail Mawonde Herald Correspondent
At least 130 people were killed in road traffic accidents during the 2015 festive season, indicating a 27 percent increase compared to 102 people who perished during the same period in 2014. This makes the 2015 festive season one of the bloodiest in history and the death toll is expected to rise as police continue to record accidents up to January 15. According to the Zimbabwe Republic Police, the Christmas period recorded most accidents compared to the New Year Holiday that had less volume of traffic on the roads.

Police spokesperson Senior Assistant Commissioner Charity Charamba said the increase in the death toll was an indication that drivers had not paid heed to several warnings by the police and other stakeholders.

“From December 15, 2015 to January 2, 2016, 130 people were killed in road traffic accidents compared to 102 during the same period, that is December 15, 2014 to January 2, 2015. “Most fatal accidents were as a result of speeding, negligent passengers/ pedestrians, inattention, misjudgment and tyre bursts,” she said.

Snr Asst Comm Charamba said analysts had attributed tyre bursts to the high temperatures the country was experiencing. “The number of people killed this festive season, increased due to accidents which claimed many lives in one accident such as three accidents which occurred along Zvishavane-Masvingo Road which claimed 10, seven and five lives respectively,” she said.

Snr Asst Comm Charamba gave comparison of accident statistics for December 22, 2015 and 2014. She said five people died while 38 were injured in 2015 compared to four deaths in 2014 and 61 people were maimed. Seventy-eight accidents were recorded in 2015, while 149 vehicles were impounded compared to 85 accidents in 2014 and 223 vehicles that were condemned.

Police arrested 7 448 traffic offenders on Unity Day last year compared to 7 479 in 2014. Between December 24 and 26, 2015, police say 27 people died and 168 injured, while during the same period in 2014, 31 were killed and 142 were injured.

Police recorded 267 accidents in 2015 while 344 vehicles were impounded compared to 240 accidents in 2014 and 516 defective vehicles impounded during the same period in 2014.

Police arrested 20 193 last year and 22 072 in 2014. Statistics reveal that during New Year Holiday last year 16 people were killed in road accidents, while 86 were injured, while in 2014, 11 were killed and 112 injured.

At least 198 accidents were recorded in 2015, while 392 vehicles were impounded compared to 206 accidents in 2014 and 437 vehicles were impounded. A total of 20 155 motorists were arrested compared to 19 111 in 2014. Snr Asst Comm Charamba appealed to motorists to drive cautiously on the roads.

“Motorists should observe road rules and regulations. The police will not hesitate to enforce the road rules and regulations . . .” She added: “The total disregard for human life as demonstrated by commuter omnibus drivers who reverse, drive on pavements, against one way and commit all sorts of nuisance will be severely dealt with.”

Municipal Reporter
Harare’s northern suburbs and the Central Business District will have erratic water supplies over the next three weeks after the city council temporarily closed the Kopje Reservoirs to fix new inlet and outlet pipes. The Kopje Reservoirs, which supply treated water to the CBD, have been leaking, leading to the flooding of properties within the vicinity. Acting corporate communications manager Mr Michael Chideme said the CBD will experience low pressure during the repair period which is expected to last at least three weeks.

“The CBD will temporarily be supplied from the Alex Park Reservoirs which also supply the northern suburbs,” he said. “This means residents of the northern suburbs will as well experience low pressure during the period.

“The city also advises residents that some maintenance work is taking place at Morton Jaffray Water Treatment Plant on two medium pumps. The work affects water supply to low density suburbs.”

In 2014, council secured a $144 million loan from the Chinese Export Import Bank and has acquired some of the material to be used for the refurbishment of the 60-year-old plant that is producing only 400 mega-litres of water per day when it has the potential to produce 640 mega litres.

Furthermore, leaks on pipes connected to the water treatment plant would be plugged while installations of water flow metres to gauge the amount of water reaching the residents.

The rehabilitation of the plant is expected to increase output. The 42 percent increase, the city engineers say, will bring water to the perennially dry parts of the city, some of which have not had water for the past five years.

Fungai Lupande Court Reporter
A medical doctor with the Zimbabwe Prison and Correctional Services, Dr Tendai Dhobhi, was yesterday called to explain why inmates were being served vegetables cooked with beef dripping during the ongoing trial of prisoners linked to an foiled jailbreak at Chikurubi Maximum Security Prison. This came after Blessing Chauke (25) and Lucky Mhungu (38) complained of poor diet, death threats and lack of access to medical attention.

Chauke and Mhungu are jointly charged with Robert Martin Gumbura, Lucky Matambanadzo (39), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38).

They are accused of masterminding a foiled jailbreak at Chikurubi Maximum Prison last year. Dr Dhobhi told the court that according to Statutory Instrument 96/2012, the prisons could use either cooking oil or beef dripping.

“The issue of food is an administrative matter,” said Dr Dhobhi.

There was drama in court when Mhungu demanded that the doctor do a physical check on him.

He then asked Dr Dhobhi if he had noticed his dental filling.

“I thought you wanted me to look at your general condition. Dentists use microscopic glasses to examine teeth. How did you expect me to see the filing with my naked eyes?” asked the doctor.

In response, Mhungu said losing four teeth in a month was urgent and only a dentist could comment on his teeth.

“The training I went through did not exclude certain parts of the human body so I am qualified to comment on your teeth,” said Dr Dhobhi.

Mhungu told the court that in prison a diagnosis is given but no follow-up on cure is done.

“You are wrong on the follow-up on cure,” replied Dr Dhobhi.

Mhungu insisted thatno follow -up on treatment was done and again Dr Dhobhi told him that he was wrong.

“Why? Because not all diseases can be treated?” asked Mhungu.

“No, because not all diseases are treatable,” said Dr Dhobhi.

The case was adjourned to today.

The nine are being charged with attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively conspiracy in aggravating circumstances for allegedly maliciously damaging property.

They are facing an additional charge of incitement to assault or alternatively conspiracy to assault.

It is alleged that Gumbura, with the help of his eight accomplices orchestrated the riotous environment at Chikurubi Maximum Security Prison during which they attempted to escape from prison.

The court heard that property with an estimated $450 000 was vandalised.

Court Correspondent
Forty touts, vendors, commuter omnibus drivers and members of the public who assaulted municipal cops who were carrying out a clean-up exercise injuring eight of them in the process were yesterday granted free bail. The 40 – the majority of them from Epworth, Tafara and Chitungwiza – are facing charges of public violence.

Harare magistrate Mr Elijah Makomo granted them free bail and ordered them to come back to court on February 8 for trial.

Prosecutor Ms Idah Maromo told the court that on January 3 at around 4pm, Harare municipal police officers were enforcing city by-laws under an operation code-named “Scorpion’’ meant to clear illegal passenger pick-up points popularly known as “mushikashika” at the corner of Julius Nyerere Way and Robson Manyika Avenue.

The court heard that 10 municipal police officers were dropped off at the junction by a city council vehicle.

It is alleged that the 40 resisted the operation.

Acting in common purpose with the other accused persons who are still at large, they attacked the municipal police officers using stones, cardboard boxes and various metal objects, the court was told.

The court also heard that as a result of the assault, the municipal officers sustained various injuries all over their bodies and sought medical treatment at Parirenyatwa Group of Hospitals.

It is alleged that the 40 were arrested on the same day in the vicinity of the alleged crime scene after having been positively identified by various witnesses.

Lovemore Meya Court Correspondent
A Chitungwiza man has appeared in court for allegedly killing another man by head-butting him for kidnapping a policeman’s son in the same town. The deceased was accusing the policeman’s son of having an affair with his wife. Patson Kachomba (35) of St Mary’s had intervened by seizing an axe from the now deceased Marvelous Dinhidza who attempted to strike the policeman’s son, Tawanda Madzvanya (21).

The incident occurred on New Year’s Day at around 5am at Chigovanyika bus terminus in Chitungwiza. It is alleged that Dinhidza was in the company of Thomas Hamandishe (29) of St Mary’s and attempted to kidnap Madzvanya over the infidelity accusations.

The court heard that Dinhidza and Hamandishe were thoroughly beaten by the mob. Dinhidza reportedly armed himself with an axe and tried to strike Madzvanya, leading to Kachomba’s intervention.

This did not go down well with Dinhidza who,in a fit of rage, charged towards Kachomba. The two reportedly engaged into a scuffle that led Kachomba to head-butt Dinhidza twice on the forehead. Dinhidza reportedly died a few hours later as a result of the injuries sustained.

This led to Kachomba’s arrest and subsequent appearance in court on Tuesday before Chitungwiza magistrate Ms Tafadzwa Miti.

Kachomba was not asked to plead to murder charges and was remanded to January 16.

He was also advised to seek bail at the High Court.

Ms Joice Fusire prosecuted.

Meanwhile, Hamandishe has since appeared in court facing kidnapping charges and was remanded in custody to January 18.

The court heard that on the day, Madzvanya was at the bus stop when Hamandishe came in company of a man identified only as Tinashe and suddenly grabbed him.

It is alleged that Dinhidza also appeared and grabbed Madzvanya by the collar.

The three allegedly dragged him towards Huruyadzo Shopping Centre accusing him of having an affair with Dinhidza’s wife.

They allegedly searched Madzvanya and took his $10.

In a separate case, two suspected robbers yesterday appeared in court for fatally stoning a man before stealing his valuables and $120 in cash.

Tatenda Gwanda (22) and Saymore Dzimaita (22) were charged with murder when they appeared before Harare magistrate Mr Elijah Makomo.

Mr Makomo remanded the duo in custody to January 29 for their trial.

Prosecutor Mrs Idah Maromo proved that on November 8 2014 along Hurst Road, Waterfalls, Harare, Gwanda and Dzamaita waylaid Caleb Muzunze as he walked home from work.

The court heard that the two suddenly stoned Muzunze on the head until he fell to the ground.

It is alleged that the two searched him and stole a black grey satchel containing groceries, Nokia Asha cellphone and a wallet containing $120.

Fungai Jachi Court Correspondent
A drinking spree landed a 35-year-old man in jail after he assaulted a drinking mate with an empty beer bottle on the head for no apparent reason. Gilbert Makore of no fixed aboard pleaded guilty to assault charges and was sentenced to six months behind bars. Presiding over the matter was Mbare magistrate Mr Reward Kwenda, who sentenced Makore to a year in jail but suspended six months for five years on condition of good behaviour.

Before he was sentenced, Makore pleaded for the court’s leniency saying he did not know what had triggered his anger since he was drunk. However, his plea of guilty did not stop Mr Kwenda from giving him a custodial sentence for the offence citing that the use of a weapon aggravated the offence.

Facts are that on December 27, Makore, while at Kinshasa Night Club in Budiriro 1, attacked Honest Zvigumi with an empty beer bottle on the head. It was not clear as to what prompted his behaviour.

Makore tried to escape the scene of crime but was apprehended by feollow revellers. Zvigumi sustained a deep cut on the head.

Court Reporter
A Harare woman has pleaded with the court to stop her boyfriend from chasing her out of her own house following an altercation over the boyfriend wanting to bring his wife home.

Jessica Chakudzuka alleged that her boyfriend, Siyani Magaya, was making endless efforts to get rid of her.

Chakudzuka, who was seeking a protection order against Magaya, told Harare Civil Court magistrate Mrs Marehwanazvo Gofa that he told her that he wanted to bring his wife to the house leading the pair into a heated argument.

“We were cohabiting at my house but now he is chasing me out of my own house saying he wants to bring his wife and girlfriends,” she said.

“He assaulted me to the extent that I had to run away from the house leaving him there. Each time I try to go back to my house he assaults me.

“He also rebukes me calling me all types of insulting names and he used to sexually abuse me forcing me to have sexual intercourse with him when I was not in the mood,” Chakudzuka said.

Magaya denied Chakudzuka’s allegations. He told the court that the house in question was their matrimonial property which they jointly own.

“I have never abused her as she is alleging and the house she is claiming to be hers is ours because I am the one who built it,” Magaya said.

Mrs Marehwanazvo ordered Magaya to stop abusing Chakudzuka in any way and refrain from chasing her out of the house.

Fungai Lupande Court Reporter
ZimBuild chief executive Monica Kanyepi yesterday appeared in court on charges of failing to pay $1 300 worth of meals supplied by Westside Grill in Westgate.

Kanyepi (52) of Blakeway Drive, Belvedere, in Harare appeared before Harare magistrate Ms Sharon Rakafa facing charges of making off without payment.

She is expected back in court on January 21. The complainant is Westside Grill represented by Ms Chipo Madaramete.

It is alleged that on November 17 last year, Kanyepi asked Westside Grill to supply meals for 150 people at shop number 1 Westgate Complex, promising to pay the same day.

The following day Westside Grill supplied Kanyepi with tea and her bill was $150.

She paid $130 of the money and promised to pay the outstanding balance the following day. The court heard that the restaurant also supplied Kanyepi with meals for 68 people for a total of $1 020.

It is alleged that she was supplied with lunch and cordials for her staff members valued at $294.

She promised to pay the bill saying she left cash in her vehicle. Kanyepi went away, allegedly without paying, and later told Ms Madaramete that she had no money.

She added that she would send someone to collect money at TelOne. Ms Madaramete waited another day before realising that she may have been duped.

She reported the matter to the police.

Westside Grill lost $1 334 and nothing was recovered.

Fungai Jachi Court Correspondent
A Mufakose man who broke into houses in his neighbourhood and stole property worth $1 600 was on Tuesday slapped with an effective three-year jail term by a Mbare magistrate. Paddington Manyemwe (30) of Mumungu Street, Mufakose, appeared before magistrate Mr Reward Kwenda charged two counts of unlawful entry. Mr Kwenda sentenced him to four years on both counts before suspending eight months for five years on condition of good behaviour.

A further four months was suspended on condition he pays back $590 to the first victim and $194 to the second.

He will serve an effective three years. The court heard that on December 27, Manyemwe – in the company of his accomplices who are still at large – used a bolt cutter to cut a burglar bar on Farai Mukupe’s window.

He gained entry into the house and stole electrical gadgets and a wallet that contained $87, the total value of all property and cash being $760. On December 30 Manyemwe used the same modus operandi to break into Experience Muzokomba’s house and stole electrical gadgets again.

The total value of property stolen was $879. Manyemwe was arrested after detectives received information that he had stolen property in his possession and on searching his house recovered some of the stolen goods.

The total amount of the stolen property in both counts was $1 639. Property worth $855 was recovered. Meanwhile, a 23-year-old man who fondled a 13-year-old girl’s breasts after being offered a lift by her parents was last week convicted of indecent assault and ordered to perform 320 hours of community service.

Vandamme Chabata of Budiriro 1 was sentenced by Mbare magistrate Ms Kudzai Zihove.

He was given a year in jail before two months were suspended for five years on condition he does not commit a similar offence during that period and the other 10 months were suspended on condition Chabata performs 320 hours of community service at Budiriro Police Station.

In assessing the sentence, Ms Zihove considered that Chabata was a first offender who pleaded guilty to the charge. What worked against Chabata was that he committed a serious offence and had to be punished to deter would-be offenders.

Ms Zihove said a custodial sentence would be too harsh on Chabata, but strongly warned him against committing a similar offence within five years otherwise he would face an automatic custodial sentence.

The court heard that on Christmas Day, Chabata was offered a lift from Budiriro to the city centre by the girl’s parents.

Chabata and the girl shared the back passenger seat and along the way, Chabata fondled the girl’s breasts.

The court heard that the girl tried to stop him, but he did not listen and continued to fondle her.

The girl’s father heard the two quarrelling and upon inquiry was told what was happen- ing.

He stopped the car and asked Chabata to leave, but he went berserk and pulled the girl out of the vehicle while assaulting anyone who tried to stop him.

The girl and her father were helped by a police officer who was passing by and they took Chabata to the police station.

Daniel Nemukuyu Senior Court Reporter
Government should pay $27 million to Interfresh Limited as compensation for the firm’s seven farms that were compulsorily acquired under the land reform programme, the Administrative Court has ruled.

Administrative Court judge Justice Herbert Mandeya ruled that Interfresh successfully proved that the value of the citrus fruit plantations on the farms was $27 million while Government failed to justify its offer of $5 million.

“The court came to the conclusion that the appellants were able to justify the compensation they claimed.

“On the other hand, the respondent (Minister of Lands and Rural Resettlement) was unable to show why the compensation should be based on a single figure and a single year if the Discounted Cash Flow method was used by both parties.

“In fact, clause 2.3 of the document produced by the respondent’s counsel specifically states: ‘Discounted Cash Flow was used. It is considered appropriate in valuation of plantations which have a defined economic useful lifespan’,” ruled Justice Mandeya.

Chief valuation officer in the Ministry of Lands and Rural Resettlement Mr Alec Chilonga failed to convince the court that the befitting compensation for the fruit trees on the seven farms was $5 525 120.28.

Interfresh owned the seven farms — Smithfield Estate, Bloomfield, Clifton, Laurencedale, Goldendale Estate, Remainder of Cornucopia and Yarrowdakle — that were under fruits in various provinces of the country.

In 2013, Government compulsorily acquired the seven pieces of land but in terms of the law, Interfresh was entitled to compensation for the improvements on the farms.

A dispute arose between Interfresh and Government on the value of the fruit trees and other developments on the farms as Government offered $5,2 million while the company claimed $27 million.

The Compensation Committee convened a series of meetings with the parties to determine an appropriate figure for compensation without success.

In March last year, the committee then valued the improvements at about $4 million, which did not go down well with Interfresh.

In April last year, Interfresh filed an appeal at the Administrative Court challenging the decision by the Compensation Committee.

Mrs Melu Matshiya of Wilmont and Bennet law firm appeared for Interfresh while Ms Venrandah Munyoro of the Attorney-General’s Office represented the minister.

Walter Nyamukondiwa Chinhoyi Bureau
At least seven gold mill operators and their managers from Pickstone Mine area in Chegutu are before the courts on charges of illegally trading in the precious mineral. Reports of artisanal miners in the Pickstone area delivering up to 100kg of gold monthly to Fidelity Printers prompted investigations which later disproved the claims and led to the discovery of irregularities in the operations of artisanal miners and millers.

The investigations by the Ministry of Mines and Mining Development working with Fidelity Printers established that only about 62kg were being delivered every month by the artisanal miners.

Reports of at least five artisanal miners being trapped during back filling at Pickstone Mine two weeks ago cast the limelight on the operations in the area, leading to the arrest of the millers and their managers.

The investigations established that the area was a haven for illegal gold trade and smuggling, among other vices, prejudicing the country of much needed revenue.

Managers from Padombo, Elf 73 and 03, Charama, Shepherd Sunray, Chanton and Funny milling centres have been brought before the Chegutu Magistrates’ Court for contravening the Mines and Minerals Act and Gold Trade Act.

Bester Muvezwa, Wilfred Gara and Richard Kisimisi were convicted and fined $100 each (or 60 days).

Findings have shown that the affected mills were receiving gold from artisanal miners without permits in contravention of Section 403 of the Mines and Minerals Act and the Mining Customs Milling Regulations.

Others also faced charges of contravening the Mines and Mineral Act and the Gold Trade Act for failing to keep accurate records of gold ore they received.

They are said to be receiving gold and processing it before giving part of it back to the artisanal miners who promise to sell it to Fidelity Printers and Refineries.

But the gold could not be traced since there was no paper trail.

Thupeyo Muleya Beitbridge Bureau
MDC-T Mabvuku legislator James Maridadi (48) was yesterday fined $300 by a Beitbridge magistrate after he was arrested by police detectives while shooting videos of customs officials and other travellers passing through the border.

Maridadi, of 42 Wyvern Ave, Belvedere in Harare, was convicted on his own plea of guilty to contravening a section of the Protected Places and Areas Act when he appeared before Beitbridge resident magistrate Miss Gloria Takundwa.

The magistrate also ruled that the two videos which the parliamentarian had shot using his Samsung S5 cellphone be deleted and that he gets back the phone.

In mitigation, Maridadi told the court that he was a church elder and a law-abiding citizen.

EARLIER REPORT ON THE ARREST OF MARIDADI

“I was aware that I was in a protected area but shot the two videos because I wanted to use them in registering a complaint with Zimbabwe Revenue Authority (ZIMRA) superiors over the shoddy services from the customs officers at the border,” he said.

Charges are that the legislator went to the border post yesterday at around 1am in the company of a relative, Natasha Jonga (24), who wanted to import a Toyota Fortuner bought from Singapore.

They then went through all the processes to facilitate the clearance of the vehicle under the returning residents’ facility.

Jonga was a student at the Free State University in South Africa.

During the processing of the documents, Jonga was requested to provide an affidavit from her parents to confirm her residence as per the requirements of the Customs and Excise Act since she does not own any property in the country.

Maridadi then became emotional threatening Zimra officials who were attending to them with unspecified action saying he had got assurance from his associates at the Zimra head office in Ha- rare.

He then started shooting videos of customs officers and other travellers within the border post and was arrested by security personnel who confiscated his cellphone.