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Stolen army garb lands man in jail

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Jail-barsLovemore Meya Court Correspondent
A thief in Chitungwiza was yesterday sentenced to four months in prison after he was arrested while attempting to sell army uniforms and clothes he had stolen in the same location.

Modern Ngorima (37) of Zanuyotonga Zengeza 5 had stolen clothes and army uniforms worth $100 belonging to a female member of the army, Dhialiso Ncube (32) of the same suburb on January 21. This was after Ncube removed her wet clothes from the washing line and locked them in the toilet.

The court heard that she went to bed, and during the night Ngorima came and fished the clothes, including the uniforms. When Ncube woke up the following day, she was surprised to see her clothes and uniforms stolen.

However, Ngorima was apprehended three days later by Joel Sithole from the same area, after he attempted to sell the stolen clothes, including the uniforms.

Sithole alerted his neighbours concerning the clothes, leading to Ncube identifying them.

This led to Ngorima’s arrest.

Appearing before Chitungwiza magistrate Ms Blessing Murwisi, Ngorima pleaded guilty to unlawful entry in aggravated circumstances charges. He was handed a one year prison term with eight months suspended for five years.

Mr Edmond Ndambakuwa prosecuted.


Man leaves father-in-law $200k poorer

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MONEYTendai Rupapa Senior Court Reporter
A Pakistan national allegedly swindled his father-in-law of $198 000 after he had been added as a signatory to his company, Zimbabwe Moulders Pvt Ltd, a steel manufacturing company he jointly owns with three others.

The father-in-law, Iqbal Muhammad who is based in Pakistan, agreed with his co-directors who are locally-based to incorporate Irfan Muhammad (44) into the company as a signatory to its Stanbic bank account.

According to the arrangement, Irfan was representing Iqbal since he does not stay in the country, the court heard.

Irfan (44) who owns Bozlam Investments Pvt Ltd yesterday appeared in court before Mr Elijah Makomo facing theft of trust property charges.

He was released on $1 000 bail coupled with some stringent conditions among them surrendering his passport.

He is being represented by Mr Patrick Nyeperayi of Costa Madzonga Legal Practitioners. According to the State papers, Zimbabwe Moulders Pvt Ltd has three shareholders who are the directors namely Iqbal, Shahid Mahmood and Abdul Rashid Mahamed who are locally based.

The company arrangement was that any one of the signatories can sign to withdraw money. The prosecutor Mr Tapiwa Kasema alleged that on March 12 2012, the company directors added Muhammad as a signatory to its Stanbic bank account as a representative of his father-in-law Iqbal.

During the period between April and October 2012, the company exported about 2 250 tonnes of steel to Pakistan worth over $1 200 000.The company first received payment of $484 558-50 which was deposited into their account.

On August 15, they received the balance of $199 949-50 through a transfer into their Stanbic bank account, the court heard.

On the following day, Irfan withdrew $198 000 from the bank without the knowledge of the directors and converted it to his personal use, the State alleged.

On December 2013, Mahmood requested for a statement from the bank and discovered that a withdrawal of $198 000 was made.

Investigations pointed to Irfan as the culprit, leading to his arrest but nothing was recovered, the court heard.

Rhino poaching case deferred

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rhinoThupeyo Muleya Beitbridge Bureau
The four suspects who were early this month arrested in connection with rhino poaching at Matopos National Park will be tried on Monday next week at Kezi Magistrates’ Court.

The case had a false start when police and Zimbabwe National Parks and Wildlife Management witnesses failed to show up at the courts on Wednesday.

The four suspects are Munyaradzi Mwonzora, Clement Mazhandu (39), Shadreck Kuvarega (39) and Brighton Nkosilathi Nyathi (26).

MDC-T legislator for Tsholotsho (proportional representation), Ms Lwazi Sibanda, has since been questioned by the police in connection with the matter.

The suspects’ lawyer, Mr Kholwani Ngwenya said the case was also postponed to a later date to allow him time to study the State papers.

“I was given the State papers a few minutes before we could go for trial and hence we asked for more time to study them,” he said.

Mr Ngwenya said the quartet was released on summons.

The suspects were apprehended by rangers in the park on January 5 who then handed them to the police.

The rangers believed the gang was tracking a rhinoceros spoor in the park.

It was also alleged that two days earlier Ms Sibanda was spotted in the same park conducting surveillance prior to the arrival of Mwonzora and his accomplices.

Ms Sibanda was interrogated by detectives at Hillside Police Station in Bulawayo and released without a charge following her visit to Mwonzora soon after his arrest in Matopo.

Mr Ngwenya argues that the four were arrested on their way to Gulaki area where Mwonzora wanted to buy a car.

Police put measures against cattle smuggling

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cattleFreeman Razemba in Chiredzi
The Zimbabwe Republic Police has said it is putting adequate security measures to curb cases of cattle smuggling along the country’s borders. This follows a meeting of the 8th Session of the Zimbabwe-Mozambique Joint Permanent Commission on Defence and Security.

Zimbabwe and Mozambique have since agreed that all people living close to national borders brand their cattle by the end of next year.

A team of senior officers led by the National Anti-Stock Theft Unit Assistant Commissioner (administration) Jimmy Khumalo, is visiting some of the areas along the country’s borders.

In an interview, Asst Comm Khumalo said the visits were meant to sensitise the police and communities in the affected areas on the need to brand their cattle.

“The visit is in partial fulfilment of the agreement arising from the resolutions that were made between Zimbabwe and Mozambique,” he said.

“All we are saying is that all the cattle within 50 kilometres from the borders should be branded with personal brand marks for easy identification and traceability.”

Smuggling of cattle has become rampant along the borders.

Officer commanding Chiredzi District, Chief Superintendent Amon Ndou said there were 174 698 cattle in the district.

“Most of them (farmers) feel like it is a ZRP programme, yet it is for their benefit,” he said. “Out of the 174 698, only 12 752 cattle have been branded with personal brands. Five hundred farmers have also applied for personal brands so far and 357 have managed to acquire brand certificates and brand tools.”

Chief Supt Ndou said they were working closely with their counterparts in Mozambique to help curb cattle smuggling. He said transport problems were making it difficult to effectively patrol the border. Police staff officer for the Anti-Stock Theft Unit Chief Superintendent Andrew Phiri urged officers to engage stakeholders in the fight against stock theft.

“There is need to engage senior Government officials and traditional leaders on cattle branding so that they will act as pace setters for the people to fully comply on this campaign,” he said.

Nehanda Housing Co-op wrangle over

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judge_09Lawrence Chitumba Herald Reporter
The Supreme Court has dismissed with costs, the provisional order granted by the same court which sought to bar the Simba Moyo-led committee from conducting themselves as the managing committee of Nehanda Housing Cooperative.

In passing judgment in the case, Justice Joseph Martin Mafusire noted that on May 4, 2015, Justice Loyce Matanda Moyo had dismissed the same application and the applicants did not disclose this in their founding papers, resulting in Justice Owen Tagu granting the provisional order.

“In my view, a party that conceals information must be unworthy of the protection or assistance of the court,” Justice Mafusire said.

“If you seek relief, you must take the court into your confidence, laying the relevant facts on the matter, even those that you may perceive to be adverse to the relief that you seek.

“The provisional order granted by this court on June 27, 2015 is hereby discharged with costs against the applicants 2 to 5, jointly and severally, the one paying the others to be absolved,” he said.

The provisional order was filed by their rival group led by Never Katiyo.

The cooperative has been locked in a bitter wrangle over the leadership of the cooperative with the Simba Moyo led executive insisting that they were the legitimate leaders of the coop after a vote of no confidence ousted the Never Katiyo executive.

The wrangle turned nasty last year when Moyo’s house was allegedly petrol-bombed by their rivals in an attempt to instil fear in his camp.

Property worth thousands of dollars was reduced to ashes when the house was allegedly petrol-bombed in a suspected case of arson by members of a rival management committee.

Moyo’s wife Gladys, who was present when the incident occurred, said she suspected that members of the other management committee of the co0perative were behind the attack.

Date set for ANZ labour case

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Lovemore Meya Court Correspondent
The hearing date of the case in which Associated Newspapers of Zimbabwe, publishers of the Daily News, is being sued by seven journalists who are seeking reinstatement has been set for February 24.

The seven employees were fired using the Supreme Court ruling of July 17 2015 which allowed firms to give their workers three months’ notice without offering any explanation.

The journalists — Lizzie Mawarura, Margaret Chinowaita, Kudzai Chawafambira, Lloyd Mbiba, Wendy Muperi, Sandra Mtetwa and Albert Masaka — were on July 23 served with termination notices along with Ray Matikinye, Godfrey Mutimba, Nyasha Chingono and 13 other workers.

The journalists’ defence counsel, Mr Tonderai Bhatasara of Mupangi, Bhatasara Attorneys, confirmed the setting of the date, saying this comes after they had filed their heads of arguments.

“Yes, I can confirm that the hearing date has been set down after we have filed our heads of arguments last year with the respondents Mbidzo Muchadahama and Makoni Legal Practitioners doing the same,” he said.

In their application, the journalists are asking the court to set aside their dismissal and order their reinstatement.

They argue that ANZ breached their rights in terms of the Constitution and were, therefore, entitled to approach the apex court for relief under Section 85 of the country’s supreme law.

“It is our contention that at first instance, the purported termination on notice breached our right to equal protection and benefit of the law as defined in Section 56(1) of the Constitution of Zimbabwe,” argued Mawarura in her affidavit filed with the court.

“Part of the protection of the law which we were denied was the protection of Section 12(C) of the Labour Act (Chapter 28:01). We contend that the respondent’s claim that our dismissal was covered by Section 12(4) of the Act was wrong and illegitimate.”

That provision, Mawarura contends, only applies where the termination is neither misconduct nor economic reasons.

Man rapes minor

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Prosper Dembedza Court Correspondent
A 20-year-old Harare man appeared in court on Friday on allegations of raping a 12-year-old girl in a maize field.

Gift Zvapano was facing rape charges when he appeared before Harare magistrate Mr Elijah Makomo.

He was remanded in custody and ordered to apply for bail at the High Court.

It is alleged that on Wednesday last week, Zvapano asked the complainant to accompany him to Budiriro 2 shops.

The two went to the shops together with two other minors aged four.

The court heard that Zvapano took the other two children into a maize field where he told them that he had lost his directions, before ordering them to wait for him while he was mapping the way with the complainant.

It is alleged that Zvapano walked a distance with the complainant before pushing her to the ground and raping her.

The court heard that the complainant screamed for help but to no avail.

The girl later told her sister about the matter, leading to Zvapano’s arrest.

Prophet up for theft

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Court Correspondent
A prophet at Kingdom Empowerment Church of Christ allegedly stole a laptop and cellphone worth $820 given to him by a congregant for safekeeping, after he prophesied that he would lose the gadgets to thieves.

Donald Garwe (23) of Unit G Extension in Chitungwiza appeared in court last week to answer to theft of trust property.

Garwe reportedly told the victim, Martin Nduwiva (18), of 23 Mutley Band, Belvedere in Harare of his date of birth, making him believe in the “man of the cloth”.

The incident occurred sometime in August last year when Garwe asked Nduwiva to join his church.

It is alleged that Garwe informed Nduwiva that he was now his “spiritual father”.

On December 1 the same year, Garwe visited Nduwiva at his house where he prophesied that his HP laptop and a Huawei cellphone were going to be stolen.

Further allegations are that Garwe convinced Nduwiva to surrender the gadgets to him for safekeeping or risk losing them.

And in fear of losing his prized possessions, Nduwiva complied. The court heard that Garwe allegedly assured Nduwiva that he was going to pray for the gadgets.

Nduwiva approached Garwe on December 30 with the intention of collecting his gadgets, but was surprised to hear his spiritual father claiming to have sold the laptop, but promised to replace it.

He was handed the cellphone.

Nduwiva made further inquiries from Garwe on several occasions about the laptop replacement, but was told that he should hand over the cellphone since it was still at risk of being stolen again.

Nduwiva allegedly handed over the cellphone out of fear. He reported the matter to the police after realising that there was no way he would recover his gadgets.

Garwe denied the charges before Chitungwiza magistrate Ms Blessing Murwisi and was remanded to today on $50 bail.

Mr Edmond Ndambakuwa prosecuted.


Armed robbers jailed 35 years

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Fungai Jachi Court Correspondent
Three armed robbers who broke into a house in Marlborough, Harare, threatened the occupants with a pistol and other weapons, before stealing property worth $8 000, were on Friday sentenced to a combined 35 years in prison by a Harare magistrate.

Andrew Hogo (36), Nomatter Kupukai (27) and Michael Nhira (38) appeared before Mr Themba Kuwanda facing armed robbery charges.

Mr Kuwanda sentenced Hogo to 12 years and four years were suspended for five years on condition he does not commit a similar offence during that period.

He will serve an effective eight years.

Kupukai will serve an effective seven years after five years were suspended from his 12-year prison term.

Nhira was sentenced to six years in jail and another five years were added to his sentence as he had previous convictions of armed robbery.

As a result, he will serve an effective 11 years.

Mr Kuwanda said harsh sentences were appropriate for armed robbery cases to deter would-be offenders.

Prosecuting, Ms Rufaro Mhandu proved that on January 17 last year, the trio, in the company of three other men, went to Constance Mukonho’s house in Marlborough.

They were armed with a pistol, knives, a baseball bat and wooden logs.

Upon arrival, the trio gained entry into the house through the kitchen door after they tied up a maid who was about to lock the door.

The court heard that they went into Mukonho’s bedroom where they also tied her hands and legs with an electric cable before ransacking her bedroom looking for money.

They did not find any cash in Mukonho’s bedroom. They, however, took $870, clothes and shoes from her daughter’s bedroom. The total value of the stolen goods and cash was estimated at $8 000.

The trio and their accomplices loaded Mukonho’s household property in their getaway car.

They drove away, leaving Mukonho and her family tied and locked up in the toilet.

The trio was arrested after police received a tip-off.

Cop jailed for assault

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Lovemore Meya Court Correspondent
A police officer stationed at Chitungwiza Police Station was last week sentenced to an effective six months in prison for assaulting a woman who had come to see her son at the station.

Constable Jacob Tsatse (29) of ZRP New Camp had once arrested the complainant Erina Chikumbanerwande (40) of Unit L in the same town. The court heard that on October 12 last year at around 10pm, Chikumbanerwande was at the station visiting her son who was under arrest.

While in the charge office, Chikumbanerwande had a heated argument with Tsatse who followed her on her way out.

Tsatse called for another police officer to apprehend Chikumbanerwande at the main gate on the grounds that she was fleeing from lawful custody.

The court heard that Tsatse slapped Chikumbanerwande several times, twisting her hand and kicking her on the ankle on her left leg.

After the assault, Tsatse handcuffed Chikumbanerwande and detained her in the cells at the police station. Later on, Tsatse released Chikumbanerwande, who went to seek medical attention.

Appearing before Chitungwiza magistrate Mr Takunda Mutetwa, Tsatse denied assault charges, but was convicted after prosecutor Ms Ntombikayise Nleya proved a strong case against him.

Mr Mutetwa slapped him with a nine-month jail term with three months suspended for five years.

In passing sentence, Mr Mutetwa slammed Tsatse for bringing the name of the police into disrepute.

“You are a custodian of the law and what you did on the day was uncalled for,” he said.

Football chief loses $6 400 to traditional healer

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Court Correspondent
Ngezi Platinum Stars Football Club vice chairman Lawrence Nhongo (42) allegedly lost $6 400 to a traditional healer who pretended to render him spiritual help.

Daniel Kandodo (33) of Waterfalls appeared before Mbare magistrate Ms Anita Tshuma charged with theft, for duping the football administrator.

Kandodo denied the allegations and was remanded in custody to February 10. In his defence, he said Nhongo had concocted the allegations against him after he refused to fulfil his wish of killing a man he was sharing a girlfriend with.

Allegations are that on December 29 last year, Nhongo visited Kandodo at his home in Hopley.

The purpose of Nhongo’s visit was to seek assistance from Kandodo whom he believed to be a traditional healer.

The court heard that Kandodo ordered Nhongo to remove his shoes and trousers before bathing using ritual water.

It is alleged that while Nhongo was performing the rituals, Kandodo advised him that he was going to the shops to buy a chicken he wanted to use for more rituals. The State alleged that Kandodo then went away with three mobile phones worth $2 100 and $4 300 cash belonging to Nhongo.

The court heard that after Nhongo finished performing the bathing ritual, he realised that Kandodo had disappeared with his money and the cell- phones.

He reported the matter to the police, leading to Kandodo’s arrest . Nothing was recovered.

Pastor in maintenance row

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Lovemore Meya Court Correspondent
A Zaoga pastor based at Chimhanda in Mt Darwin was last week brought to Chitungwiza Civil Court by his girlfriend who was seeking $250 maintenance for the upkeep of their minor child.

Kingston Chakuwamba was arraigned before the civil court by Pauline Kasu of Unit O in Chitungwiza, accusing him of neglecting their minor child.

In her summons, Kasu is demanding $250 for clothes, medical aid, food and groceries, among other items.

“The respondent is employed at World Vision and he is also a pastor at Zaoga Chimhanda,” reads Kasu’s application. He is not providing towards the welfare of his child.”

Magistrate Mr Lazarus Murendo granted $50 as maintenance in favour of Kasu after the parties consented to the figure.

“By consent, the respondent (Chakuwamba) is ordered to pay $50 per month effect from February 29 until the child attains 18 years,” ruled Mr Murendo.

Govt installs CCTVs at Beitbridge Border Post

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Deputy Minister of Home Affairs Cde Obedingwa Mguni

Deputy Minister of Home Affairs Cde Obedingwa Mguni

Thupeyo Muleya Beitbridge Bureau
Government has started installing closed circuit televisions (CCTVs) at Beitbridge Border Post to curb corruption perpetrated by immigration and customs officers.

Deputy Minister of Home Affairs Cde Obedingwa Mguni said last week that the CCTVs were part of a raft of measures Government was employing to deal with rampant cases of corruption, with the view of maximising revenue collection.

Installation of the gadgets in the main immigration hall began a week ago and installation on the customs hall is pending.

“We are behind schedule,” said Deputy Minister Mguni. “The machines should have been up and running by now. They will be switched on in a few days’ time.

“The CCTVs will be monitored from one central point. They will help us in addressing issues affecting the smooth flow of both cargo and human traffic.

“We will install similar machines at Plumtree Border Post. We will also implement the same strategies with Chirundu, which works concurrently with Beitbridge.”

Cde Mguni said Government had since set up a crack inter-ministerial team to look into the issues of curbing intrusive leakages at all ports of entry into the country.

He said they will soon deploy mobile gold detecting machines at Beitbridge where smuggling was rife.

“We are also in the midst of training more sniffer dogs to deal with the issue of smuggling of minerals and other natural resources such as ivory,” said Cde Mguni.

“You will notice that most criminals are now smuggling ivory in powder form and hence we have to adapt to all these tricks.”

Cde Mguni urged immigration and customs officers and other Government workers at the country’s borders to desist from corrupt activities.

“Corrupt elements are bleeding our economy and affecting the revenue collection base,” he said.

“As a Government, we cannot stand aside and let this go on forever.”

Cde Mguni said Government was finalising the processes of identifying a developer who will upgrade and expand the infrastructure at Beitbridge Border Post to expedite the implementation of the one-stop border post concept between Zimbabwe and South Africa.

He said the inadequacy of infrastructure at the port of entry remained the main bottleneck towards the implementation of the one-stop-border-post concept.

“We have seen the artistic impression of the final outlook of the border and are confident that civil works will begin soon,” said Cde Mguni.

“It is prudent for Government to upgrade the border post as a matter of urgency and accord it a befitting status as the busiest inland port in Sadc. We need to create more space for commercial trucks, buses and private motorists.”

Managers, bank lock horns over job losses

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Daniel Nemukuyu Senior Court Reporter
At least 21 middle managers with Standard Chartered Bank of Zimbabwe have filed a High Court application seeking to bar their employer from retrenching them. The managers, who have since been notified of their impending retrenchment, want the High Court to interdict the bank from implementing its plan pending finalisation of their labour challenge at the Ministry of Public Service, Labour and Social Welfare.

In the court interdict filed last week, the 21 argued that they were entitled to protection of the law and that the bank must not be allowed to fire them in disregard of a pending challenge to be determined by a labour officer.

“I aver that the applicants have a right worth protecting by way of an interdict that there is a reasonable apprehension of injury, absence of any other remedy and that the balance of convenience favours the granting of the relief sought,” read the founding affidavit by one of the managers, Mr Shingirai Mungate.

Top labour lawyer Mr Caleb Mucheche of Matsikidze and Mucheche Legal Practitioners filed the court application on behalf of the managers to which the bank is yet to respond.

The managers argued that if the bank is allowed to proceed with executing the planned retrenchment, their challenge at the ministry will be rendered academic. “The respondent should respect due process of law by not proceeding with the execution of the hotly contested retrenchment process before the pending dispute is finalised by the labour officer.

“If the respondent is allowed to proceed with execution of our retrenchment before finalisation of the dispute on such retrenchment by the labour office, our dispute will become largely academic and nugatory,” said Mr Mungate.

The workers, according to the challenge before the ministry, argued that the bank did not comply with the critical provisions of Section 12D of the Labour Act which compels the company to firstly implement anti-retrenchment measures before resorting to the actual retrenchment process.

It was argued that the employer unilaterally resolved to implement the retrenchment process outside the works council.

The managers argued that the bank created an artificial crisis in a bid to justify their unfair retrenchment.

“There is no cogent justification for retrenchment as the alleged low business the company is a self-induced crisis by the company which has deliberately stopped opening new bank accounts to paint an artificial and cosmetic bleak picture of its business performance,” read the challenge.

The managers submitted that the bank was exporting jobs which were supposed to be performed by Zimbabwean-based workers to foreign countries as a way of creating an artificial redundancy of employees in the country.

It is the managers’ argument that the company last year retrenched some 60 workers through a voluntary retrenchment scheme and that there was no need to lay off more workers now.

They argued that the bank was mainly discriminating against those workers who had served for longer periods ranging from 10 to 34 years as a way of sending them home empty-handed.

Adultery damages test case spills into Concourt

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Daniel Nemukuyu Senior Court Reporter—
The legality of adultery damage claims has spilled into the Constitutional Court, which is set to rule on whether or not people can still be sued for the vice in terms of the new supreme law of the country. A Harare-based nurse accused of dating a married man to the detriment of a long-time marriage, Ms Lorraine Matione, is contesting Justice Hlekani Mwayera’s judgment dismissing her interlocutory constitutional application.

Justice Mwayera recently ruled that adultery damages are a legal claim meant to protect the sanctity of marriage and they remain part of the local laws. The judge threw out the challenge by Ms Matione who was seeking to be cleared of adultery on the basis that suing a third party was unconstitutional.

Justice Mwayera’s judgment came at a time when some Zimbabweans were excited about the recent South African judgment outlawing adultery damages, hoping the local courts would follow suit.

Ms Matione is accused of knowingly having an adulterous affair with Mr Lawrence Muzvondiwa that resulted in the birth of a son. Harare lawyer Mr Nyasha Munyuru of Muvingi and Mugadza law firm, on behalf of Mr Muzvondiwa’s wife, Ms Georgina Njodzi, issued out summons claiming adultery damages to the tune of $25 000 from Ms Matione.

In the middle of the adultery hearing, Ms Matione, through her lawyer Mr Wellington Pasipanodya of Manase & Manase Legal Practitioners, raised constitutional issues.

Mr Pasipanodya submitted that having an affair with a married man was not legally wrong but only wrong on moral grounds.

He said it was the duty of the married couples to protect and safeguard their unions and not third parties.

He said if a spouse was aggrieved by infidelity or adultery, the only two remedies were divorce or reconciliation.

Mr Pasipanodya told the court that adultery was not the cause of divorce in the case of his client but instead, it was a result of divorce.

He said the law must be amended to make it clear that spouses should be responsible for protecting and safeguarding their marriages.

Justice Mwayera then dismissed the application, prompting Ms Matione to approach the Constitutional Court with an appeal.

In the notice of appeal filed on Thursday last week, Ms Matione argued that the High Court erred in dismissing her challenge.

“The court a quo erred and grossly misdirected itself in holding that common law delictual claim for adultery damages is not archaic and is still constitu- tional.

“The court a quo erred and grossly misdirected itself in failing to uphold the point that the delict of adultery damages’ continued existence in the Zimbabwean context was no longer justified,” read the notice of appeal.

She wants the High Court judgment to be overturned.

Ms Matione wants the Constitutional Court to declare adultery damages unconstitutional.

Justice Hlekani Mwayera said decisions of the South African court or other foreign courts outlawing such damages and declaring them unconstitutional were not binding on Zimbabwe.

Justice Mwayera said in terms of Zimbabwean policy and values, adultery remains wrongful and the claim for damages was justified as it serves to compensate the injured party.

Ms Matione, a nurse at Harare Central Hospital, wanted adultery to be abolished saying it violated the third party’s rights to privacy and equality before the law.

Justice Mwayera said there was nothing unconstitutional about adultery damages.

She said while a person could not sue his or her spouse at law, the third party or intruder must not get away with an offence.

Mr Munyuru opposed the application saying Ms Matione was fully aware of the marriage between Mr Muzvondiwa and Ms Njodzi and must be sued.

He said Zimbabwe must not be guided by decisions of courts in other countries as situations and circumstances were different.

Mr Munyuru said in most cases, adultery was the cause of breakdown of marriages and the perpetrators should be punished.

He said granting the constitutional challenge would have the effect of opening the floodgates of promiscuity in these days of HIV and Aids.

Mr Munyuru said Zimbabwe was a country dominated by Christianity and a decision legalising adultery would be against Christian values.


LATEST: Man stabs wife and her boss

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Prosper Dembedza Court Correspondent

A 25-year-old Harare man allegedly stabbed his wife and her boss with a knife after accusing the two of having an extra marital affair, the court heard on Monday.

Gibson Mugwamba was charged with attempted murder when he appeared before Harare magistrate, Mr Elijah Makomo.

He was remanded in custody to February 15 and ordered to approach the High Court for bail application.

It is alleged that on Saturday last week, Mugwamba accused his wife of having an extra marital affair and threatened to kill her.

The court heard that one of his wife’s bosses tried to intervene to calm the situation by taking Mugwamba outside the gate.

It is alleged that during the scuffle, Mugwamba stabbed his wife and her boss with a knife on the stomach and both sustained deep cuts.

The two were rushed to Parirenyatwa Hospital where they are receiving treatment.

 

Habitual thief jailed

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Fungai Jachi Court Correspondent
A habitual thief, who is also an ex-convict, was yesterday slapped with an eight-year jail term on nine counts of unlawful entry by Mbare magistrate Ms Anita Tshuma. Alec Zhemi, of No. 673 Chinamano Extension, Epworth, allegedly stole property worth $12 314. He was sentenced to 12 years in jail but two years were suspended for five years on condition he does not commit a similar offence during that period.

Another two years were suspended on condition he restitutes all the nine complainants.

Ms Tshuma added eight months to Zhemi’s sentence which were suspended on his previous conviction in 2012.

He will serve an effective eight years and eight months.

In passing sentence, Ms Tshuma said despite pleading guilty to all counts, Zhemi had committed a series of similar offences, which is regarded as a serious offence, and that a custodial sentence was the only logical punishment he deserved.

“You are not a first offender and it has been proved that you are a habitual offender. You even told this court that you survive by stealing. Therefore, it is the duty of the court to remove people like you from the society,” she said.

Prosecuting, Mr Tafara Chirambira implored the court for a custodial sentence arguing that Zhemi had a propensity to steal and was a menace to society.

All the nine counts were committed during the night when Zhemi broke into different houses through the windows.

Upon gaining entry, Zhemi targeted electrical gadgets including mobile phones and laptops.

Zhemi was arrested after police received a tip-off to the effect that he was selling stolen property.

Property worth $5 150 was recovered.

Meanwhile, a suspected thief who was being held at St Mary’s Police Station in Chitungwiza following arrest for allegedly stealing a cellphone escaped from police custody only to be re-arrested at a local school where he had sought refuge, reports Lovemore Meya.

Peace Chidhau (29) of 48 Kubvumbi, Zengeza 3, Chitungwiza, was arrested on Friday last week at around 6pm.

Appearing before Chitungwiza magistrate Ms Blessing Murwisi, Chidhau pleaded guilty to charges of escaping from lawful custody.

He was remanded in custody to Monday to allow prosecutor Mr Edmond Ndambakuwa time to verify if Chidhau has no previous convictions.

City man knifes ‘unfaithful’ wife, boss

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Meanwhile, Prosper Dembedza reports that a 25-year-old Harare man allegedly stabbed his wife and her boss with a knife after he accused her of having an extra- marital affair, the court heard on Monday. Gibson Mugwamba was charged with attempted murder when he appeared before Mr Makomo. He was remanded in custody to February 15 and ordered to approach the High Court for bail application.

It is alleged that on Saturday last week, Mugwamba accused his wife of having an extra-marital affair and threatened to kill her.

The court heard that one of his wife’s bosses tried to intervene to calm the situation by taking Mugwamba outside the gate.

It is alleged that during the scuffle Mugwamba stabbed his wife and her boss with a knife in the stomach and both sustained deep cuts.

The two were rushed to Parirenyatwa Hospital where they are receiving treatment.

Wife rips open hubby’s stomach

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Tendai Rupapa Senior Court Reporter
An Epworth woman allegedly ripped open her husband’s stomach with a kitchen knife, leaving his intestines protruding as he was rushed to the local clinic in a wheelbarrow by neighbours, the court heard on Monday. It is the State’s case that Lucia Mudende (19) of 420 Belapaise in Epworth arrived home late and when her husband asked her where she had been, she became violent.

Mudende on Monday appeared before magistrate Mr Elijah Makomo facing a charge of attempted murder. Mudende is pleading guilty to the charge, but Mr Makomo said although she was admitting to the charges, for now, the court’s hands were tied as they needed to monitor the condition of the complainant (name not supplied), who is said to be battling for his life.

She was remanded in custody to February 15. Prosecutor Mr Sebastian Mutizirwa told the court that when Mudende arrived home late, her husband questioned where she had been.

Mudende did not give a satisfactory answer and an altercation ensued. She became violent and grabbed a kitchen knife, the court heard, and used it to rip open her husband’s belly when he tried to disarm her.

The complainant, the court heard, rushed out of the house screaming for help, while Mudende followed him outside intending to stab him again. When she saw neighbours rushing to the scene to help the complainant, Mudende ran away.

The neighbours rushed Mudende to a police station in Epworth in a wheelbarrow, with his intestines still protruding. From the police station, he was taken to a local clinic where he was later transferred to Parirenyatwa Hospital where he is in the intensive care unit. Mudende was arrested the same day as she attempted to run away from her homestead.

Chigwedere case now before Marondera court

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Ivan Zhakata Court Reporter
The matter in which former Education, Sport, Arts and Culture Minister and ex-Mashonaland East governor Aeneas Chigwedere (pictured right) is accused of witchcraft by his son, Magwiza, is now before the Marondera Civil Court. Magwiza Chigwedere yesterday served his father with summons to appear before the Marondera Civil Court for a full inquiry into the allegations levelled against him.

The date for the hearing is yet to be set by the Marondera Clerk of Court. The matter was recently referred to Marondera Civil Court by Harare Civil Court resident magistrate Mr Brighton Pabwe, who said the Harare court had no jurisdiction over issues that happened in Marondera where both parties reside.

He dismissed the matter and ordered Magwiza to approach the Marondera court if he wished to pursue the matter further. Chigwedere is being sued for allegedly practising witchcraft and possessing goblins that have reportedly terrorised his clan.

According to papers filed by Magwiza, the erstwhile minister has reportedly caused untold suffering to his children and the extended family. Also being sued is his wife, Emilia Zharare Chigwedere, stepmother to Magwiza. The Zimbabwe National Traditional Healers’ Association (Zinatha) has also been cited as a third respondent.

Magwiza wants Zinatha to use its expertise to rid the family of the goblins.

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