Tendai Rupapa Senior Court Reporter
A Harare lawyer reportedly sold three properties belonging to a client and pocketed $160 000 after he was engaged to effect transfer of the properties in question into a company’s name. Peter Kawonde (49) was not asked to plead to three counts of fraud and one count of theft of trust property when he appeared before Harare magistrate Ms Jessy Kufa, who remanded him out of custody to February 17 for trial.

It is the State’s case that sometime in October 2010, Ms Audrey Mavis Cruickshank was appointed executor through a general power of attorney to administer the estate of the late Stanley Edwin Amm.

The estate had three residential stands in Philadelphia, Harare. Ms Cruickshank sold the properties to the late Odwell Mutandinda Simunyu through Marillar Properties Real Estate Agents.

It is alleged that in October 2010, the now deceased Simunyu later on entered into an agreement of sale and resold the properties in question through ClipClunt Real Estate Agents to the complainant, Broadway Investments.

After the sale had gone through, Broadway Investments engaged Kawonde as conveyancer to effect transfer of the properties to their company, Broadway Investments. The State alleges that Kawonde hatched a plan to defraud the complainant and pursuant to his plan he sold the properties to Mr Noel Jakazi, Mr Phillip Chihuje and Mr Itayi Wafawarova for $165 000.

The offence came to light in January last year after the complainant made physical checks on his properties and discovered that the properties were resold. A report was made to the police leading to Kawonde’s court appearance. It is the State’s case that the complainant suffered an actual prejudice of $160 000 and nothing was recovered.

Court Reporter
In a new twist, a Pakistan national who lost $198 000 to his son-in-law after he had been made a signatory to a company he jointly owns with three others, has been arrested on allegations of swindling his co-directors of more than $600 000. Iqbal Mahammad (67), who is based in Pakistan and is a former director with Zimbabwe Moulders (Pvt) Ltd — a steel manufacturing company, is said to have converted $670 825 which was meant for the company to his personal use.

Mahammad appeared before Mr Elijah Makomo facing theft of trust property charges. He was remanded to February 15 on $1 000 bail coupled with stringent conditions. As part of his bail conditions, Mahammad was ordered to surrender his passport and to report thrice a week to CID Serious Frauds.

He is being represented by Mr Patrick Nyeperayi of Costa Madzonga Legal Practitioners. According to the State papers, Zimbabwe Moulders (Pvt) Ltd had three shareholders who were the directors, namely Mahammad, Shahid Mahmood and Abdul Rashid Mahamed.

Prosecutor Mr Sebastian Mutizirwa alleged that sometime between April and October 2012, Zimbabwe Moulders (Pvt) Ltd exported 2 226 metric tonnes of raw steel to Rehman Brothers in Pakistan. The consignment was exported on different dates and had an export value of $1 118 432,50, the State alleged. It is the State’s case that Mahammad, who was in Zimbabwe at the time, went to Pakistan to make sure that the whole consignment had been delivered to Rehman Brothers.

The payment for the steel was to be deposited into the company’s bank account held at Stanbic Bank within 90 days. The State further alleged that Rehman Brothers received only 778 metric tonnes and paid $447 609 into Stanbic Bank.

The offence came to light when Shahid Mahmood, who is the complainant in this case, made a follow-up with Rehman Brothers for the balance.

Rehman Brothers advised him that they did not owe him anything since they had paid for what they had received. Mahmood realised that Mahammad had diverted 1 447,55 metric tonnes of raw steel and sold it to a steel complex which had already paid the money to him. Zimbabwe Moulders (Pvt) Ltd allegedly lost $670 825 and nothing was recovered.

Daniel Nemukuyu Senior Court Reporter—-
The Zimbabwe National Water Authority (Zinwa) has slapped Metallon Gold Zimbabwe (Pvt) Limited with a $500 000 lawsuit over unpaid water bills accrued at the company’s mine in Shamva. Shamva Gold Mine, as it is popularly known, entered into an agreement with Zinwa for the supply of water for commercial and domestic use. In terms of the agreement, the mining company agreed to pay for the water supplies monthly.

In breach of the agreement, the mining firm failed or neglected to pay for the water resulting in the bill ballooning to $545 419. In the summons filed at the High Court recently, Zinwa stated that Shamva Gold Mine acknowledged the debt two months ago.

“The plaintiff demanded full payment of the outstanding amount together with interest. Upon receipt of the said demand on November 19, 2015, the defendant acknowledged in writing the amount then due and owing by them to them to the plaintiff in respect of the water charges was the sum of $545 419,” read the plaintiff’s declaration.

Zinwa contends that the mining company offered to clear the debt through some weekly instalments of $22 000 from November 16 2015 to January 11 2016. The company also agreed to pay weekly instalments of $32 000 from January 18 2016 until full settlement of the debt.

Shamva Gold Mine did not respond to the summons, prompting Zinwa to file a chamber application for default judgment. The application will be determined today. Zinwa argued that the summons was issued on December 16 last year and the mining company was duly served on December 18.

The company decided not to file an appearance to defend the matter within the permissible time in terms of the rules of the High Court. To that end, Zinwa argued that Shamva Gold Mine was now barred from filing any opposing papers and that a default judgment must be entered.

Prosper Dembedza Court Correspondent
ZENGEZA East Member of Parliament Alex Leon Musundire (MDC-T) is denying being part of a gang of 20 people who assaulted a 61-year-old man for unclear reasons saying the charge was politically motivated.

Musundire (43) of No. 10 Dingle Road, Belvedere, is facing charges of assault.

He is out on $50 bail.

Magistrate Ms Vongai Muchuchuti deferred the matter to February 11 for continuation of trial.

In his defence outline, Musundire said he only arrived at the scene of the incident around 6pm and has no idea of who perpetrated the said assault.

“Accused will state that he is being maliciously smeared since he is an MP on an MDC ticket and the issue is politically motivated to frustrate deliverance of his duties,” reads part of his defence out- line.

He further stated that the incident occurred at a house where Amos Kafere had been ordered off by Chitungwiza Magistrates’ Court and he was clearly violating a lawful court order and courting the ire of the residents.

Prosecutor Ms Anesu Matorofa alleged that on February 14 last year at around 4pm, Musundire, in the company of 20 other people, went to Kafere’s house in Chitungwiza.

It is alleged that upon arrival, Musundire attacked Kafere using a golf club.

The court heard that Musundire struck Kafere once on the neck and he fell to the ground.

Allegations are that as Kafere tried to get up, Musundire hit him on the forehead using the same golf club.

Kafere reported the matter to the police, leading to Musundire’s arrest.

Meanwhile, Harare magistrate Mr Takunda Mtetwa last week issued a warrant of arrest for MDC-T Member of Parliament for Mabvuku-Tafara constituency James Maridadi after he failed to turn up at court for his trial.

Maridadi is facing charges of unauthorised borrowing or use of property after allegedly grabbing, in a fit of rage, a parking ticket book worth $2,50 from a National Railways of Zimbabwe (NRZ) salesman.

He is on $100 bail.

The MDC-T legislator was supposed to appear in court for continuation of his trial on January 28 but was in no-show.

Allegations are that on October 9 Zivanai Muzokomba, who is employed by the NRZ as a ticket salesman, was manning the NRZ parcels parking zone and was receipting parking fees.

It is alleged that Maridadi parked his vehicle at the NRZ-controlled car park and Mr Muzokomba waited for Maridadi’s return when he asked the legislator to pay the parking fees, but Maridadi became furious and demanded to see the ticket book which the salesman was using.

Mr Muzokomba, the court heard, showed Maridadi the ticket book but the legislator grabbed the book and drove away along Kenneth Kaunda Avenue.

It is the State’s case that Muzokomba noted down Maridadi’s vehicle registration number and reported the case at Harare Central Police Station.

A Central Vehicle Registry check revealed that the legislator owned the vehicle.

Court Correspondent
The court on Tuesday set separate trial dates for the Eaglesvale Senior School headmaster, salaries officer and bursar who are accused of embezzling over $800 000 after they encashed leave days and awarded themselves allowances without board approval.

The headmaster, Naison Tirivari (60), and salaries officer Cheryl Botha (52) will appear in court for trial on March 14, while bursar Charles Shokobishi (57) will be inthe dock on March 16.

The trio is facing fraud charges and is on $1 000 bail each.

The complainant in the matter is Eaglesvale Senior School’s board vice-chairman Mr Willard Gonde.

Allegations are that sometime last year Eaglesvale Senior School’s board members held a meeting to look at the school’s financial records.

It is alleged that anomalies in cash in-lieu of leave payments to non-teaching and teaching staff were discovered.

In 2013, the board had instructed the accused not to encash leave days. A forensic audit established that Botha encashed her leave days.

It was discovered that Botha entered varying amounts on other staff members’ cash in-lieu of leave on the payroll sent for authorisation.

Once the authorisation was obtained from the headmaster, Botha would then alter the electronic payroll to have cash in-lieu of leave allocated to her pay.

Botha allegedly effected payment through her CBZ account 008920804980033.

It is alleged that Botha overstated her bonus from 2011 to 2014 accumulating to $518 007, 58.

Tirivari, who doubled as a Mathematics and Thinking Skills teacher, authorised and approved his cash in lieu of leave days amounting to $135 377, 50.

He also received unapproved termly allowances amounting to $13 366 without the board’s knowledge.

Tirivari allegedly swindled the school of $148 743.

Shokobishi is accused of conniving with Tirivari and received $19 903 for 225 leave days, contrary to his employment contract.

Crime Reporter
A self-confessed Norton-based Satanist who was in the habit of raping and robbing women after luring them into believing that he would secure employment for them has been arrested.

Trymore Musakanya (27) of Kingsdale, Norton, was arrested on Monday and is facing 15 counts of robbery and five counts of rape.

Police investigations revealed that Musakanya would lure women before taking them into a bushy area where he would “confess” to them that he was a Satanist.

He would then tell them that it’s either they “join him” or donate blood before demanding their valuables and cash.

Sources close to the investigations alleged that Musakanya targeted female job seekers in Norton, Pomona, Mabelreign and Ashdown Park in Harare, among other areas.

He was still in custody yesterday and assisting police with investigations. He is believed to have committed more such crimes.

Musakanya’s luck ran out on Monday when one of the victims saw him walking in the Norton area and alerted the police, leading to his arrest.

According to police, Musakanya confessed that he was a Satanist and that he had some blood and items that he uses for his cult at his house.

This is not the first time police have arrested suspects who commit offences on the pretext that they are linked to Satanism.

In July last year, a 29-year-old Mabvuku man raped two minors, forced them to swallow his semen and told the victims that the assault was an initiation into Satanism.

Meanwhile, a 14-year-old boy was arraigned before the courts for allegedly breaking and entering into two houses in Waterfalls and stealing property worth $2 230.

The boy, who is facing two counts of unlawful entry lives in Waterfalls, Harare.

Presiding magistrate Ms Anita Tshuma, however, refused to place him on remand citing that she could not do so since there was no probation officer’s report accompanying the docket.

Ms Tshuma ordered the State to proceed by way of summons when they obtain all the necessary documentation to continue with prosecution.

Allegations are that the boy gained entry into the two houses by breaking the toilet windows and the burglar bars using an iron bar.

The State alleged that he stole mobile phones, electrical shaving machines and spanners amongst other items.

The boy was apprehended after he was found hiding along Mukuvisi River in possession of some of the stolen property.

Property worth $1 430 was recovered.

Munyaradzi Kereke

Tendai Rupapa Senior Court Reporter
Zanu-PF Bikita West legislator Munyaradzi Kereke accused of raping a 13-year-old girl in 2010 and indecently assaulting her sister, aged 15 at the time, made several sexual advances to the 13-year-old before the alleged rape, the court heard yesterday.

This was revealed by the girl’s aunt (name withheld to protect the victims) during the trial which continued in an open court.

In her evidence, the woman told the court that the rape victim confided in her and narrated her ordeal.

“She followed me to my bedroom and told me while in tears all what had happened. She said the accused had sexually abused her. She continued to cry and said she wanted her mother to know what had happened.

“On October 31 2010, we went to church together with the girls and my sister-in-law. That is when we decided to go and tell their grandparents in Greendale. When we went to Greendale, that is when in that conversation it was made clear that he had raped her. She told my sister-in-law that before the rape, accused had made several inappropriate sexual advances in the past,” she said.

The aunt added: “She said that one afternoon when her aunt (Kereke’s wife) had gone out, he pushed her onto the couch and when he heard the kitchen door opening, he stood up.”

She said the girl’s grandmother broke into tears when she heard of the alleged abuse.

The aunt was asked by private prosecutor Mr Charles Warara to narrate what then transpired after they had been told of the alleged abuse.

She told the court how they proceeded to make a report to the police as a family and how the police referred them to Parirenyatwa Group of Hospitals for a medical report.

“At the hospital, she was attended to in my presence and a female police officer who had accompanied us was also in the room where she was examined. Later on that day we were referred to Harare (Central) Hospital where she (the victim) attended a counselling session,” she said.

During cross-examination, Kereke’s lawyer, Mr Erum Mutandiro, unsuccessfully tried to base his line of questioning on a typed police statement purportedly made by the witness which Mr Warara dismissed saying it was wrongly transcribed adding that the statements were distorted.

Mr Warara insisted that the handwritten statement which the witness signed be used.

Magistrate Mr Noel Mupeiwa ruled in favour of Mr Warara.

Mr Mutandiro, who constantly got instructions from Kereke from the dock, accused the witnesses of lying against his client but the witnesses disputed this arguing that they had no reasons to lie against Kereke.

Mr Mutandiro further accused the aunt of “cooking-up” a story adding that her evidence contradicted that of the victim.

He said the events on how the alleged rape transpired as narrated by the witness were different from the victim’s version.

The defence made an application to have Dr E. Chanakira who examined the victim to be summoned to appear in court and clarify issues.

“We have proof that the said doctor was not on duty on the day that the examination was allegedly made on November 1 and authorities at the hospital failed to produce proof that complainant was examined there. We want the doctor to come and explain the interpretation of his findings,” he said.

Mr Mupeiwa said he will grant an order to have the doctor called.

The trial continues today.

Mr Warara alleged that sometime in March 2010, Kereke was alone with the girl.

He grabbed the her by the waist and pushed her onto the couch before fondling her breasts.

She allegedly screamed, but no one heard her. On August 22, 2010, the younger girl was allegedly asked to baby sit by Kereke’s wife.

When the baby fell asleep the girl sat on the couch in the bedroom and Kereke allegedly started fondling her.

He allegedly pointed a gun at the girl and threatened to shoot her if she did not comply with his orders. He then allegedly raped her once.

Daniel Nemukuyu Senior Court Reporter
Top banker and Renaissance Financial Holdings Limited director Mr Patterson Timba will now reclaim all his lost properties and assets, including the Renaissance Merchant Bank, after the High Court yesterday nullified the actions and all decisions made by the Professor Christopher Chetsanga-led board after January 26, 2012.

Heads will roll as the multi-million dollar deal that saw the National Social Security Authority (NSSA) taking over ownership of RMB (now Capital Bank Corporation Limited) with 86 percent shareholding, is likely to be nullified.

Justice Owen Tagu, in a judgment handed down yesterday, confirmed the expulsion of Professor Chetsanga, Mr Collin Kuhuni and Mrs Monica Mukonoweshuro from the RFHL board and declared to be null and void all actions and decisions by the board led by the trio post January 26, 2012.

It is understood that costly decisions were made during the tenure of the now expelled board and they are likely to spark a flood gate of lawsuits.

RFHL owns 100 percent shareholding in Renaissance Merchants’ Bank, which has since been sold and changed its name to Capital Bank Corporation without the approval of Mr Timba and other legitimate directors.

The High Court judgment came at a time Mr Timba had filed a $526,6 million lawsuit against RMB curator Mr Reggie Saruchera, Prof Chetsanga, Mr Kuhuni and Mrs Mukonoweshuro among others, over the loss he suffered as a result of the decisions and transactions effected post-January 26, 2012.

In yesterday’s judgment, Justice Tagu nullified all actions and upheld the expulsion of the three former RFHL board members.

“The defendants (trio) are declared validly dismissed from their directorship with second plaintiff (RFHL) pursuant to the Extraordinary General Meeting of January 25, 2012.

“The business purportedly undertaken by defendants on behalf of second plaintiff post 26 January 2012 is null and void and of no force or effect.

“Defendants (trio) are interdicted from continuing to hold themselves out as directors of second plaintiff,” ruled Justice Tagu. The judge also ordered the three to pay costs of the suit.

Advocates Thabani Mpofu and Sylvester Hashiti instructed by a team of legal practitioners including Mr Vote Muza of Muza and Nyapadi and Mr Alex Mambosasa of Mambosasa Legal Practitioners represented Mr Timba in the four-year legal battle.

Advocate Tawanda Zhuwarara instructed by Kantor and Immerman law firm represented Prof Chetsanga and Mrs Mukonoweshuro while Wintertons law firm acted for Mr Kuhuni.

The three former directors were dismissed from the board at an extraordinary general meeting held on January 25, 2012. The same group disregarded the expulsion arguing that it had not been sanctioned by Mr Saruchera, who was then RMB curator.

To that end, the three convened a separate “board meeting” a day after, on January 26 and purportedly passed a vote of no confidence in Mr Timba.

That is when the trio took over the board and made various decisions to the exclusion of Mr Timba with the assistance of Mr Saruchera, who was appointed curator to the bank and not the holding company.

Justice Tagu said the three former RFHL directors wrongly interpreted Section 54 of the Banking Act, which gives power to the curator over issues pertaining to the bank under curatorship.

However, the judge noted, the curator went out of bounds and dealt with issues relating to the holding company RFHL that was not under curatorship.

“RFHL was not under curatorship and hence could transact other business.

“The curator on the other hand had nothing to do with the transactions of first plaintiff (Mr Timba) and RFHL as long as they have nothing to do with RMB.

“RFHL could therefore appoint and or disappoint directors at will,” the court ruled. The judge agreed with Adv Mpofu that the EGM that fired the trio was above board and that Mr Saruchera as curator had no power to stop it as he purportedly did.

“I agree with Adv Mpofu that Reggie Saruchera as the curator of RMB had no power to stop the meeting that took place on January 25, 2012. The meeting was properly called and constituted.

“The resolutions made at that meeting are valid and did not require the authority or directive of the curator,” the judge ruled.

Mr Timba, among other complaints of financial prejudice, queried the transaction that gave NSSA 86 percent shareholding in the bank, now Capital Bank Corporation when RFHL had always been the sole shareholder.

Some 19 percent shares in First Mutual Holdings were sold to NSSA without the blessings or approval of RFHL directors.

The change of the bank’s name to Capital Bank Corporation was also another action by the ousted directors.

Freeman Razemba Crime Reporter
Police National Anti-Stock Theft Unit expressed concern over an increase in cross border stock-theft.

Since December last year, more than 40 cattle were reportedly stolen in some parts of the country and smuggled to neighbouring countries through illegal crossing points.

Anti-Stock Theft Unit National Co-ordinator Senior Assistant Commissioner Erasmus Makodza said most of the cattle were stolen from grazing lands.

In Mukumbura area, villagers had a dispute with their Mozambican counterparts involving ownership of a herd of 16 unbranded cattle.

In light of such incidents, Government and their Mozambican counterparts agreed through the Resolutions of the 8th Session of the Zimbabwe-Mozambique Joint Permanent Commission on Defence and Security to brand all cattle located along the borders by the year 2017.

However, some farmers are not interested in such programmes and have been resisting.

Most of them are reportedly saying the branding exercise is a police programme.

To raise awareness, 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 fulfillment of the agreement arising from the resolutions that were made between Zimbabwe and Mozambique.

“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,” he said.

Farmers should embrace the cattle branding programmes being undertaken by the Government and police as this will assist them in identifying their cattle when either stolen or lost.

The Government through the Veterinary and Livestock Department is contributing through the introduction of zonal brands that will further identify cattle in particular province, district or dip tank.

These brands will assist the control of cattle movement as a way of monitoring and prevention of the spread diseases.

Farmers should acquire branding certificates and irons.

This helps in safeguarding stock from theft as cattle rustlers are unlikely to target branded cattle. Personal brands help solve disputes over ownership wrangles.

They also serve as a modem of traceability, which is internationally recognized.In November last year, the Zimbabwe Republic Police launched a campaign to encourage farmers to brand their livestock to curb thefts.

Speaking during the launch, Assistant Commissioner in Charge of Crime and Operations in Chitungwiza District (Mashonaland East) Khumbula Ndebele said the campaign was part of the police efforts to promote the growth of the national herd.

“The ZRP, as a critical player in the implementation of the economic blueprint, Zim-Asset, has been doing its best to preserve the national herd. While several strategies exist to ensure that the national herd is not depleted through stocktheft, cattle branding has proved to be one of the other measures,” he said.

“It is, therefore, imperative that farmers embrace this initiative and prevent unnecessary losses. The ZRP committed itself to continue assisting farmers to obtain personal brand certificates and also to assist those with personal brand certificates to acquire branding irons.”

Asst Comm Ndebele said there was a decrease in the number of cattle stolen in the province.

For example, between January and September 2015, the province recorded six cases as compared to 12 recorded in the same period in 2014, giving a 50 percent decrease.

There was also a marginal decrease in the number of cattle stolen.

Seven cattle were stolen in the period January and September 2015 compared to 17 stolen during the same period in 2014, giving a decrease of 58 percent.

He urged farmers to insure their livestock against any losses. The provincial veterinary officer on brands, Mrs Kudzai Chinyoka, emphasized the importance of branding all cattle.

“This initiative helps all the farmers in the prevention of the spread of diseases as branded cattle can be easily identified by the areas they originate from,” she said.

Police announced putting adequate security measures to curb cases of cattle smuggling along the country’s borders.

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

Speaking during the launch of the National Cattle Branding Campaign held at Murombedzi Growth Point In March 2011, Police Deputy Commissioner-General (operations) Innocent Matibiri said the campaign code-named Cattle Branding/Muchiso Pamombe/Uphau Enko-meni was an eloquent testimony of Government’s commitment to safeguard and enhance the growth of the national herd.

“It is without doubt that, from time immemorial, livestock has remained a dependable source of livelihood across generations. Admittedly, it continues to be a source of draught power, a symbol of wealth and more importantly, a huge national investment vehicle,” he said back then.

Farmers should however take heed and brand their cattle as they either risk losing them to rustlers or they might be auctioned after not being identified.

Daniel Nemukuyu Senior Court Reporter
A POLICE assistant commissioner is at the centre of the “love triangle” that sparked the topical adultery constitutional challenge that recently spilled into the Constitutional Court, it has emerged.

Assistant Commissioner Lawrence Muzondiwa Njodzi and his wife Georgina Njodzi, a police superintendent, clashed over allegations that the top cop was having an extra-marital relationship with a Harare Central Hospital nurse.

The top police officer, based at the Harare provincial headquarters, is reported to have sired a child with the nurse, Ms Lorraine Matione, while the marriage with Mrs Njodzi still subsisted.

According to the court papers, Mrs Njodzi’s residential address was stated as House D, Jack Douglas Road Morris Depot, Harare.

Irked by the development, Mrs Njodzi issued summons at the High Court claiming adultery damages to the tune of $25 000 from Ms Matione.

The matter drew public attention when Ms Matione, through her lawyer Mr Wellington Pasipanodya of Manase and Manase Legal Practitioners, raised constitutional issues at the High Court arguing that it was unconstitutional to sue a third party for adultery. She argued that a marriage contract involved two people and that it was not the duty of a third party, whose signature does not appear on the marriage certificate, to safeguard the union.

Ms Matione cited the recent South African judgment that outlawed adultery damages in a bid to convince Justice Hlekani Mwayera who was handling the matter.

However, Justice Mwayera dismissed the constitutional application saying adultery damages were necessary in maintaining good morals and order in Zimbabwe.

She ruled that foreign judgments were not binding in Zimbabwe because the morals and values in each country are different.

Last week, Ms Matione appealed to the Constitutional Court against the decision.

She is insisting that adultery damages should be removed from the Zimbabwean laws.

Ms Matione argued that it was improper for Mrs Njodzi to sue her while leaving out Mr Njodzi, who was the chief architect in the adulterous relationship.

She viewed the lawsuit as discriminatory and, therefore, contrary to the constitutional provisions of equality before the law.

Ms Matione argued that the claim amounted to infringement into the privacy of her sexual life, thus violating not only the right to privacy but also the right to freedom of association.

The matter is yet to be set down for hearing at the Constitutional Court.

Mr and Mrs Njodzi married in 1996 under the Marriages Act and the marriage still subsists.

Daniel Nemukuyu Senior Court Reporter
Police Commissioner-General Augustine Chihuri and former Home Affairs Minister Kembo Mohadi have been dragged to court over failure to release 2,136 kg of gold nuggets confiscated by the police from a mining concern in Kwekwe four years ago.

EA Fundira Trust, founded by businessman Mr Emmanuel Fundira, claims Police Border Control and Minerals Unit confiscated its gold nuggets in 2012 for safe keeping at the height of a dispute over ownership of a piece of land where the minerals were extracted.

However, the Ministry of Mines and Mining Development, on January 15 last year, concluded its investigations and found that EA Fundira Trust was the legitimate owner of the piece of land in question and that the gold rightfully belonged to the trust.

The Mines ministry wrote a letter to the Officer-in-Charge Border Control and Minerals Unit in Kwekwe advising the police that the trust was the rightful owner of the confiscated gold samples and requested that they should release the minerals to the trust.

Part of the letter reads: “This office notes that EA Fundira’s samples were taken from him for safekeeping by your good office on January 20 2012 indicating that these had been accumulated before the reservation was in place.

“We, therefore, request your good offices and Fidelity Printers to facilitate the processing of the samples in the presence of all parties.”

The police did not release the gold samples and in April last year EA Fundira Trust engaged the services of its lawyer Mr Advent Tavenhave of Tavenhave and Machingauta Legal Practitioners.

A court application for an order directing the release of the gold sample nuggets was filed at the High Court.

In the court application, Commissioner-General Chihuri, Minister Mohadi and the Officer-in-charge Border Control and Minerals Unit in Kwekwe were listed as respondents in their official capacities.

Mr Fundira deposed a founding affidavit in his capacity as founder of EA Fundira Trust.

According to the affidavit, Mr Fundira indicated that he was a registered holder of a special grant held under number 5751 and prospecting license.

Sometime in January 2012, Mr Fundira said police confiscated the trust’s 2 136,47g of samples of gold nuggets for safekeeping since there was a dispute as to the rightful owners of the land where the gold had been extracted.

Mr Fundira said several follow ups were made in a bid to recover the confiscated gold nuggets without success.

The trust later approached the Ministry of Mines and Mining Development for assistance but still the police did not release the gold.

In his opposing affidavit filed at the High Court, Comm-Gen Chihuri said: “I have read and understood the applicant’s founding affidavit. I have also read the 3rd respondent’s (officer-in-charge) and I abide by it.

“Wherefore, I pray that the order be dismissed,” he said.

The officer-in-charge argued that the gold was never recovered from EA Fundira Trust.

The matter is yet to be set down for hearing at the High Court.

Tendai Rupapa Senior Court Reporter
The Prosecutor-General’s Office has been ordered to release the original docket of the rape case involving Zanu-PF Bikita West legislator Munyaradzi Kereke after the private prosecutor indicated that the duplicate docket which he was given had been heavily tampered with to the prejudice of the complainant.

The order came after private prosecutor Mr Charles Warara had made an application to have the original docket released saying he had written so many letters to the Prosecutor-General’s Office requesting the original docket but to no avail.

Regional magistrate Mr Noel Mupeiwa ordered the Prosecutor-General’s Office to release the original docket before 2:15pm today.

In his ruling he said: “During the course of the trial, it became clear that some of the photocopied documents which your office allegedly handed over to the private prosecutor are not legible. A lot of questions have risen on the contents of the photocopied documents and statements.

“You are therefore ordered to hand over the original docket to the private prosecutor to enable him to effectively prosecute the matter and also help the effective administration of justice,” read part of the ruling.

He added: “If you wish to tender any explanation as to why the original docket is not available to be given to the private prosecutor, I direct that one of your officers should be in court in person today to give explanation,” he said.

Mr Warara told the court that the duplicate statement of the scene report which was compiled at Borrowdale Police Station had some distorted information adding that important information which had been supplied by the complainant had been removed.

“Your Worship, I am pleading with this court to order the Prosecutor-General’s Office to release the original docket. We were only given the duplicate one which has some anomalies. We have made several efforts to get it but the PG’s Office is not forthcoming,” he said.

In response, Kereke’s lawyer Mr Erum Mutandiro said he had no problems in having the docket released adding that if released, they should be awarded time to go through it.

The trial continued yesterday with the girls’ uncle (name withheld) testifying.

He made shocking revelations that after reporting the case at Highlands Police Station, Kereke was never arrested. Instead, six police officers went to his house pleading with him to withdraw the case.

He also said that after the police report, Kereke constantly visited his house intending to have “talks” with him.

“Six officers came to my house, two of them were in police uniforms and they wanted me to close the case. I do not know who had sent them but at that time, the accused person was influential so it is more likely that he would have sent them. We cannot dispute that these police officers had connections with the accused person.

“They had some papers which I did not read and wanted the girls (victims) to put their signatures on them so that they would close the docket, but I refused. I also received calls from one Inspector Mabasa, who wanted the girls to come to Ahmed House. For what? I do not know,” he said.

The witness added that he went to the Police General Headquarters and complained about the police’s conduct.

He said the police were retrogressive in their approach to this matter.

“Police at Highlands wrote everything we told them when we initially reported including the pointing of a pistol but at Borrowdale Police Station they were omitting some of the important information. The issue of the pistol was omitted. A lot of stuff was being deliberately left out,” he said.

Kereke is accused of raping an 11-year-old girl in 2010 at gunpoint and indecently assaulting her sister, aged 15 at the time.

Crime Reporter
Police this week impounded 143 commuter omnibuses and pirate taxis in Harare and Bulawayo as the blitz against kombis intensifies countrywide.

Police recently launched an operation code-named ‘Kwete Mushika-shika’ aimed at clamping down on all pirate taxis and ranks in all towns countrywide.

In an interview, the officer commanding National Traffic, Senior Assistant Commissioner Fellie Chikowero-Mjanga, yesterday said the operation was continuing until there was sanity.

“We will continue to intensify the operation in order to clear the central business district (CBD) of illegal passenger pick-up points, popularly known as ‘mushika-shika’ to restore sanity,” she said.

She said on Monday they impounded 39 pirate taxis in the city while 39 other kombis were impounded on Wednesday evening in the CBD.

“We also impounded 65 pirate taxis in Bulawayo and all the drivers will appear in court facing charges of negligent driving,” Snr Asst Comm Chikowero-Mjanga said.

She warned unscrupulous kombi operators and pirate taxi drivers who continue to defy police orders that they would face the full wrath of the law.

“We are not going to rest until there is sanity countrywide and those who continue to defy our orders will face the full wrath of the law,” she said.

Last month, police impounded over 100 vehicles in an operation code-named “Kwete Mushika-shika” aimed at clamping down on all pirate taxis and ranks in all towns countrywide.

The operation, which is continuing until the end of the year, was also launched after police noted that most of the vehicles were not roadworthy and did not appear on the Central Vehicle Registry system.

Vehicles that have been impounded so far include commuter omnibuses and private cars that were being used as taxis and shuttles.

Police said the vehicles will not be released until the owners produced authentic documents.

Some of the vehicles are also believed to have been used to commit crimes in the form of hit-and-run accidents while others could have been smuggled since they did not have proper documents.

Lovemore Meya Court Correspondent
A 65-year-old Mudzi man who took turns with his nephew to rape the latter’s 15-year-old girlfriend after offering her a soft drink spiked with alcohol, was yesterday sentenced to nine years in prison.

The man and his nephew (18) denied rape charges before Chitungwiza regional magistrate Ms Estere Chivasa.

They were, however, convicted after prosecutor Mr Tendai Mukariri brought overwhelming evidence against the pair.

Ms Chivasa handed them 12 years in prison each, but conditionally set aside three years for five years.

In his defence, the old man told the court that the minor was lying against him since he did not know her.

He said she even suggested that he took her as a wife, a claim Ms Chivasa reputed after the girl proffered solid evidence during her testimony.

In handing down the sentence Ms Chivasa took into account that the pair had strong mitigatory features.

“I took into account that first accused (old man) you are a family man married with five children and that you are an elderly person, while the second accused, is a youthful offender.

“However, against you I considered that you took advantage of the unsophisticated village girl to sexually abuse her. You had no good intention but to use her. Accused two (boyfriend), I do not understand how you would marry complainant after she had sex with your uncle who is a married man, but only to use and dump her,” she said.

Ms Chivasa said this was more of a gang rape after the abuse occurred in a short space of time.

Circumstances were that on New Year’s Eve last year, at around 7pm, the 18-year-old visited his girlfriend at her parents’ house and invited her to his home.

He asked her to sit on his lap and started fondling her only to be disturbed by his uncle who knocked on the door and he joined him outside.

The teenager told his girlfriend that he was going out to prepare supper outside, leaving her with his uncle who offered her a soft drink spiked with alcohol.

He lifted the minor from the floor and raped her.

Her boyfriend came into the room and saw her crying. She told her of the abuse but he remained silent.

The teenager prepared bedding on the floor and raped her.

Lovemore Meya Court Correspondent
A thieving couple from Beatrice that claimed to be orphans after stealing its employer’s clothes and a tonne of shelled maize worth $1 727, was yesterday slapped with a combined 14-month prison term.

Takudzwa Muzondo (20) and his wife Patricia Chikwiti (19) of Plot 76 Eden Farm fled to Dombo raMwari in Epworth Harare where they rented a room after committing the offence.

The two told the court that they committed the offence because they were orphans and had no one to look after them.

Appearing before Chitungwiza magistrate Mr Lazarus Murendo, the couple pleaded guilty to two counts of theft.

Mr Murendo sentenced Muzondo to 20 months behind bars with four months suspended on condition of good behaviour.

He will serve an effective 10 months.

Chikwiti was handed a year in prison but had four months suspended for five years, while the other four were set aside on condition she pays back $1 208 to her paymaster Susan Mayidiya (53) of the same plot.

The prosecutor Mr Donald Mudadirwa told the court that the couple was employed as general hands by Mayidiya sometime last year.

On December 13, Mayidiya left her farm in charge of the couple as she proceeded to Harare.

The court heard that Mayidiya gave them a room to use and locked her property into another room.

On January 19 this year, the two took advantage of Mayidiya’s absence and stole 23X50 kilograms of shelled maize and two shovels.

They also took various clothing and groceries worth $1 214.

After committing the offence, they went to hide in Epworth where they rented a room leaving Mayidiya’s property unattended.

Mayidiya returned home on January 29 and discovered the offence.

She reported the matter to the police and on February 1, detectives from CID Beatrice received information to the effect that the two were staying in Epworth.

The detectives followed the couple leading to its arrest. They revealed that they had sold part of the loot to Tichaona Chadenga of Rosarum shops in Beatrice.

Daniel Nemukuyu Senior Court Reporter
A police assistant commissioner, who is accused of having an adulterous affair with a Harare nurse, is now seeking a decree of divorce from his wife of 19 years.

The marriage of Assistant Commissioner Lawrence Muzondiwa Njodzi to another senior police officer Georgina Njodzi is teetering on the brink of collapse following the adultery allegations that are currently before the Constitutional Court.

The top cop is divorcing his wife at a time the woman was claiming $25 000 adultery damages from a Harare Central Hospital nurse Ms Lorraine Matione for wrecking the marriage.

In a strange exchange of accusations, Asst Comm Njodzi is also accusing his wife of infidelity.

In the summons filed at the High Court, Asst Commissioner Njodzi said the marriage was now on the rocks and it had irretrievably broken down.

He told the court that there were no prospects for restoration of the marriage and divorce was the best way to go.

However, the parties have clashed and failed to agree on who should be allocated their Police Heights residential property.

Harare lawyer Mr Wellington Pasipanodya of Manase and Manase legal Practitioners is representing Asst Comm Njodzi.

He is also representing Ms Matione in the adultery case.

Mr Nyasha Munyuru of Muvingi and Mugadza Legal Practitioners is acting for Mrs Njodzi.

The couple had acquired five houses and two plots together, with a fleet of at least five vehicles, among other movable properties.

It is Asst Comm Njodzi’s contention that the couple had not lived together as husband and wife since 2010 and that there was no more love and affection between them.

He indicated that the couple had not enjoyed any conjugal rights for the stated period and that Mrs Njodzi had committed infidelity with other men.

The list of property acquired by the couple include; House Number 2 Jessica Marry Crescent, Waterford Bulawayo, Stand 12035 Glen View7 Harare, Stand 2955 Seke Chitungwiza, Stand 2035 Police Heights, Gletwin Park Harare, Stand 3061 Hatcliffe Harare, Plot 43 Central Estates, Mvuma, Plot 39, Bindura.

The couple also owns a number of cattle and goats, vehicles and various household properties.

In the defendant’s plea, Mrs Njodzi consented to the granting of the decree of divorce, saying that the marriage had indeed collapsed.

She argued that the top cop had given a wrong number of the cattle they owned, saying they had 29 as opposed to 10 listed in the plaintiff’s declaration.

Mrs Njodzi, agreed with her husband that she takes custody of their three children, but is now claiming $250 maintenance for each minor child monthly.

Both parties agreed on the rest of the property sharing proposal which will see them getting a plot each.

Tendai Rupapa Senior Court Reporter
Zimbabwe People’s Front political party leader Owen Kuchata, who was arrested while trying to petrol-bomb the First Family’s Alpha Omega Dairy farm in Mazowe, yesterday admitted that he indeed wanted to bomb the dairy, and that it was his idea to commit the offence.

Kuchata (34), who does not have legal representation, is jointly charged with Borman Ngwenya (30) on charges of insurgency, sabotage banditry or terrorism.

Their other accomplices Solomon Makumbe (29) and Silas Pfupa (37) were discharged on the charges at the behest of Prosecutor General Johannes Tomana, but are jointly charged with treason emanating from their actions.

Tomana has since been arrested for acting unlawfully by releasing the duo and is on $1 000 bail with stringent conditions.

Kuchata is facing an additional charge of money laundering for terrorism purposes.

He appeared before regional magistrate Mr Hoseah Mujaya for plea recording yesterday and pleaded guilty to trying to petrol-bomb the First Family’s dairy.

Mr Mujaya asked if he had the right to do so and Kuchata in response said, “Since I am representing the rights of other Zimbabweans, I had the right to bomb his private property because Robert Mugabe is causing disorder and problems in this country.”

He said he is the one who gave Ngwenya $36 to purchase the materials for making the petrol bombs.

Kuchata later excepted to the charge of terrorism, arguing that Alpha Omega Dairy was not a Government property, but President Mugabe’s private property, hence the terrorism charge did not stick.

“Your Worship, I have a question, ‘Is Gushungo Dairy the property of the Government of Zimbabwe or the property of Robert Mugabe as an individual?’” he asked.

Prosecutor Mr Michael Reza maintained that terrorism charges were appropriate, saying the attack was not targeted at the dairy as an outfit, but at the office of the Presidency of Zimbabwe.

Kuchata said if that was the case then he was denying the charges and this prompted Mr Mujaya to change the plea to not guilty.

His trial date has been set for February 24.

Kuchata and his alleged accomplices Ngwenya, Makumbe and Pfupa are facing another serious charge of treason after further investigations revealed that they sought to overthrow the Government through unconstitutional means.

Treason charges emerged after it was discovered that the quartet established a militia training base in Mapinga, Mashonaland West, where they planned to commit terror acts, sabotage and banditry.

It is alleged that they proceeded to President Mugabe’s rural home in Zvimba where they carried investigations identifying suitable vulnerable points to sabotage.

On the terrorism charge, Makumbe and Pfupa were released before plea under the instructions of Tomana who is said to have unilaterally suggested that the two be treated as witnesses.

It is alleged that last week police received a tip-off that Kuchata, Ngwenya, Makumbe and Pfupa were planning to bomb Alpha Omega Dairy’s processing plant and tuck shop during the night.

The dairy’s processing plant and tuck shop are located at Gushungo Dairy Estate, Jumbo Road in Mazowe.

Acting on the tip-off, the police proceeded to the farm and laid an ambush about 100 metres from the quartet’s target.

Around 10pm, the detectives saw the men approaching the dairy’s processing plant and immediately arrested them.

They searched them and recovered four Molotov cocktails (bombs) made of petrol, ammonium nitrate, nails and sand in 750 millilitres Chateau brand empty bottles.

Vice President Emmerson Mnangagwa flanked by Chief Justice Godfrey Chidyausiku (left), Judicial Service Commission secretary Justice Rita Makarau (right) and Senate president Edna Madzongwe at the launch of the “Against Corruption Together campaign” at the Harare Magistrates’ Courts yesterday. — (Picture by Tawanda Mudimu)

Tendai Rupapa Senior Court Reporter—-
Zimbabwe has stepped up the fight against corruption, with stakeholders in the justice delivery system launching an anti-corruption green card that will be distributed to the public to promote the culture of whistle-blowing.The card was launched at the anti-corruption campaign dubbed “Against Corruption Together” in Harare yesterday. Officiating at the event, Vice President Emmerson Mnangagwa — who oversees the Justice, Legal and Parliamentary Affairs Ministry — castigated corrupt legal officials, saying not a single day passes without him receiving complaints against them.

“This difficulty stems from the numerous complaints that are lodged at my office against your offices regarding allegations of corruption. “Not even a day passes without receiving one or two complaints against members of the legal profession, the bench particularly at the lower courts, the sheriffs and even the Messengers of Court.”

VP Mnangagwa urged the legal profession to stand up and share the responsibility of combating corruption. “Corruption will be hard to beat and could even become more widespread if the legal profession maintains a business as usual mindset towards it. Corruption is not just a character problem or wrong behaviour, but it is both an economic crime and crime against humanity,” he said.

He said the launch was a turning point and also urged the media to play a key role in creating a culture of hatred against corruption in the society. “Corruption can be fought off when all of the players and stakeholders share the same commitment. Without such concerted efforts, we will not be able to eradicate the contagious disease of corruption,” the VP said.

The card is inscribed “O % NO CORRUPTION” and has contact numbers of eight stakeholders namely, Attorney General’s Office, Judicial Service Commission, Law Society of Zimbabwe and Ministry of Justice, Legal and Parliamentary Affairs.

Also involved is the National Prosecuting Authority, Zimbabwe Anti-Corruption Commission, Zimbabwe Prisons and Correctional Services and the Zimbabwe Republic Police. Judicial Service Commission acting secretary, Justice Rita Makarau said the public can access the cards from the stakeholders’ offices or at courts of law country wide.

If asked for a bribe, a member of the public will flash the card on the perpetrator’s face before calling the numbers provided.

Justice Makarau said it was everyone’s responsibility to fight corruption adding that justice was for free and no one should pay for it. Speaking at the same occasion, Chief Justice Godfrey Chidyausiku urged members of the public to shun corruption.

He said the public should report all incidents of corruption and avoid participating in bribery issues. “In my view, certainty of detection and arrest for corruption will go a long way in curbing corruption. If every person who wishes to commit the crime of corruption were convinced that the chances of detection and arrest are nine out 10, the probabilities are that he or she will step back or think twice before going ahead in committing the offence. In this regard we are looking up to the police and members of the public generally to provide leadership in assuring that this is achieved,” he said.

Tendai Rupapa Senior Court Reporter
An unrepentant thief who was in the habit of breaking into people’s cars and stealing valuables, was yesterday jailed for an effective 18 months.

Tafadzwa Foroma (22) was sent back to prison by magistrate Ms Tilda Mazhande who convicted him of theft.

Foroma was last year convicted of a similar charge and was slapped with a jail term.

However, part of his prison term was set aside for five years on condition he would not commit a similar offence within that period.

Ms Mazhande yesterday sentenced him to 18 months in prison before setting aside four months on condition of good behaviour.

Four months of Foroma’s sentence, which were previously set aside, were brought into effect.

He will serve an effective 18 months in prison.

In passing the sentence, Ms Mazhande said: “You were convicted in September last year and barely seven months later, you committed a similar offence. Perpetrators of this kind of offence are not usually apprehended and it is fortunate that you were caught in the act.

“You travelled all the way from Epworth to Harare International Airport where you committed this offence. It shows that it was pre-meditated hence there is no way you can escape a jail term. The fact that the previous jail term did not stop you from committing this offence shows you are unrepentant.”

In aggravation, prosecutor Ms Molleen Murozvi urged the court to impose a custodial sentence.

Ms Murozvi proved that on April 3 the complainant parked his Toyota Hiace at Kentucky Prisons near the airport and went to see a friend at the nearby houses.

Foroma broke into the car and after some minutes the complainant returned and noticed that someone had broken into his vehicle.

He noticed that a rear right sliding window had been shattered and two Pioneer speakers, radio and battery had been stolen.

Foroma was caught while still in the vicinity.

Court Reporter
A former police officer yesterday pleaded guilty to soliciting for $308 to facilitate the entry of a Harare man into the police force.

Lionel Munyaradzi Sambo (28) appeared before Harare magistrate Mr Elijah Makomo.

He pleaded guilty to fraud charges and await sentence.

The prosecutor Mr Peter Kachirika told the court that Sambo is a former police officer who was stationed at Harare Central Police station under force number 078731B.

Sometime in mid-March this year, Darlington Nyakabangwe met Sambo in St Mary’s, Chitungwiza.

He told Sambo that he wanted to join the police force and had already submitted his application.

He also said he had done all the preliminary requirements.

Sambo asked Nyakabangwe to pay $30 for fingerprints, $8 for medical forms and $18,50 for background checks.

Nyakabangwe paid the money through Ecocash into cellphone number 078 376 8439 belonging to Odesah Mazambani who was said to be a Superintendent at Morris Depot.

Nyakabangwe was asked to pay another $150 into the same Ecocash number so that his application could be fast-tracked.

Sambo demanded more money on different occasions which was paid into the same number.

After the payments, Sambo advised Nyakabangwe to report at Morris Depot to commence training on April 4.

While on his way to Morris Depot Nyakabangwe, received a phone call informing him that there was no April intake and he would be informed when the next intake would take place.

This is when Nyakabangwe became suspicious and reported the matter to the police.

Nyakabangwe lost $308 and nothing was recovered.