Snr Asst Comm Charamba

Crime Reporter
THREE people were murdered in two days in separate incidents as police continue to express concern over murder cases.

During the past few months police have been conducting awareness campaigns urging people to respect the sanctity of life and to avoid solving disputes through violent means.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba yesterday said they were investigating a murder case which occurred at Grace Mlotshwa’s homestead, Mukono Line in Tsholotsho.

“On 11 June, 2016, at around 2000hours, Mthabisi Ndlovu (22) and Kidron Madida (16) had a misunderstanding over the ownership of a shovel. Mthabisi pulled an okapi knife from his trousers pocket and stabbed Kidron Madida once on the arm pit. Madida died on the spot. The suspect was arrested the following day when the matter was reported to the police,” she said.

She urged people to resolve their differences amicably without resorting to violence.

Snr Asst Comm Charamba said they were investigating two murder cases which occurred in Ruwa and Chitungwiza.

In one of the cases, she said, a 27-year-old man was found dead in Ruwa in a bushy area near a clinic.

The man had his clothes burnt by a veld fire and he had a piece of tree fibre around his neck.

The second case occurred in Chitungwiza at around 3pm when a man, aged 37, was found dead along Hunyani River near Nyatsime Cemetery.

“Police visited the scene and discovered that the area around the scene was grassy and the grass had been trampled upon, indicating possible signs of struggle. A Huawei cellphone was also picked at the scene,” Snr Asst Comm Charamba said.

She urged members of the public to join hands with the force in the fight against crime and to report suspicious elements to the police.

Snr Asst Comm Charamba urged anyone with information that might assist them with investigations to contact any nearest police station or the National Complaint desk on (04) 703631.

Herald Reporters
CIMAS, one of the country’s biggest medical aid societies, has come under fire from its members for violating their right to privacy and confidentiality after it enlisted the services of private investigators to assist in carrying out forensic audit against Corporate 24 Hospital Group.

The forensic audit was initiated after CIMAS suspected that Corporate 24 had submitted fraudulent claims, allegations that the latter denied. Disgruntled members who spoke to The Herald on condition of anonymity claimed that the investigators were asking them whether they received services from Corporate 24, if so of what nature, what was the treatment given and the tests conducted.

“I got people at my gate yesterday (Monday) in the evening with a truck and they started harassing me, asking me about Corporate 24 claims and shortfalls I paid.

“They were using a Safeguard vehicle and had a box of claims,” said one of the members visited by the investigators. “They further interrogated me asking private questions such as the nature of services I received from the institution. It was a very uncomfortable moment,” said one of the Cimas members visited.

Another member visited by the investigator said while the society had a right to get to the bottom of what transpired at Corporate 24, the manner in which the investigation was being done was highly unprofessional.

“The most they could do is just ask members concerned if the signatures on the claim forms were theirs instead of getting into the nitty gritties of a patient’s history.

Other members interviewed argued that by forwarding their claim forms to a third party without their consent, the society breached patients’ right to privacy and confidentiality.

“Cimas has given our records, which are supposed to be private and confidential to third parties without our consent. We would like to know which law of the land empowered them to do so,” said another member who also spoke on condition of anonymity.

Cimas group marketing and communications executive Mrs Nyengeterai Mahaka said the relationship between a service provider and themselves was based on mutual trust.

She said when that trust is abused, they are left with no option, but to take corrective action to not only stop the abuse, but also to ensure that it does not happen again.

“Due to the complexity and extensive nature of the audit, it has been necessary to involve both qualified auditors and investigators. The investigators are qualified and they have all been properly commissioned to conduct the exercise. The investigators have a letter of authority from Cimas to enquire on its behalf when conducting interviews,” said Mrs Mahaka.

She said since the beginning of the exercise there has been no complaint to Cimas with regards to abuse of any member’s confidential information.

“To the best of our knowledge, there has been no complaint to Cimas suggesting that any member’s confidential information has been abused. Cimas does not have access to members’ medical files. The information being used is only information that is necessary for a proper investigation into the matter and validating the existence of a legitimate claim,” she said.

Mrs Mahaka said the audit was confined to disputed claims submitted by the provider. She said preliminary indications are that Cimas was prejudiced by irregular and in some instances fraudulent activities.

CIMAS once hogged the limelight in 2002 after a new system the medical aid introduced was roundly condemned by doctors, its members and the Government for violating patients’ right to confidentiality.

The pre-notification system allowed third parties to have access to patients’ records.

Prosper Dembedza Court Correspondent
A Beitbridge police detective and his accomplice on Wednesday appeared in court for stealing a Mercedes Benz Viano at gunpoint.

Enos Mudhumbu (39) and Jonathan Nyambuya (45) were facing robbery charges when they appeared before Harare magistrate Mr Tendai Mahwe.

They were remanded in custody to June 29.

It is alleged that on June 12 at around 7pm, the unnamed complainant was at home when the pair entered into the yard.

The court heard that they both drew pistols and pointed them at the complainant threatening to shoot him if he resisted.

It is alleged that the pair demanded the keys of a Mercedes Benz Viano, which was parked in the yard and the complainant complied.

t is the State’s case that the duo bundled the complainant into the vehicle and drove for about 16km before dumping him. The complainant reported the matter at Themba Police station.

The court heard that the complainant later activated the vehicle tracking system and the car was monitored on GPS tracking system crossing the Beitbridge Border Post on June 13. The South African Police immediately advised Interpol Harare.

It is alleged that on June 13, detectives from CID Vehicle Theft Squad Harare received information from Interpol that the stolen car was being driven from Beitbridge Border Post and heading towards Chiredzi.

The court heard that the detectives relayed the information to CID Triangle and instructed them to impound the car and arrest the occupants.

Acting on the information, detectives from CID Triangle intercepted the stolen car at Zaka Turn-off and arrested the occupants.

The car was valued at $120 000.

Daniel Nemukuyu Senior Court Reporter
THE High Court has nullified the election of Reverend Isaac Soda as bishop of the Evangelical Church of Zimbabwe (ECZ) after finding that the process was in flagrant violation of the church’s constitution. ECZ is made up of 132 congregations locally and one in Mozambique, and owns Karanda Mission Hospital in Mt Darwin, which draws patients from all over the country.

Bishop Benson Makachi, who was the church’s leader prior to the dubious meeting of March 2015, remains the legitimate head of the church. Justice David Mangota dismissed an application by Rev Soda to be declared the legitimate leader, saying his case was hopeless and that the court could not confirm an illegality.

“The applicant (Rev Soda) showed that his application was hopelessly beyond redemption. He could not therefore, get the relief which he prayed for even if the first respondent’s opposing papers were defective and therefore improperly before the court.

“He, out of zeal, bended the provisions of the constitution to achieve what his heart desired most. A few of his colleagues assisted him in the process. The court could not sanction such conduct,” ruled Justice Mangota.

Justice Mangota also stated in the judgment that it was not the court’s business to anoint or to ordain bishops, but simply to establish whether the agreed constitution was adhered to in the conduct complained of.

“The court reminds the applicant that it is not the business of the court to anoint, consecrate, appoint or ordain priests and bishops. That aspect lies within the jurisdiction’s membership as dictated to the same by its rules, regulations, practices and or procedures.

“Where a dispute of this nature arises, the court’s duty is to interpret the contents of the document which governs the activities of the organisation and ascertain if what the members did was or is in sync with what they agreed…”

The court found that when the March 21 meeting that elevated Rev Soda to the position of bishop was convened, the quorum was short by five delegates. “Minutes of the conference of March 21 2015 recorded that the quorum was short by five delegates to reach the required mark of 100 delegates.

“The minutes also recorded that when the process leading to the election of the bishop was about to be undertaken, four members walked out of the conference. “It is on the basis of the foregoing that the court remained of the view that the delegates to the conference of 20-21 March 2015 violated the constitution of the first respondent (ECZ) left, right and centre in their effort to catapult the applicant into the office of bishop,” the judge ruled.

Justice Mangota, in his judgment indicated that the church and the other parties in the leadership wrangle were not new to the courts as the High Court has dealt with three other cases involving the same parties since last year.

Crime Reporter
Two suspected armed robbers raided a house in Epworth and took turns to rape a 16-year-old girl while her mother watched.

The two robbers have since been arrested in connection with the case after they went back to the house the following morning to look for $5 change.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba confirmed the incident. She said the two armed robbers went to the girl’s house where they forcibly opened the door with an iron bar.

“They threatened the girl and her mother who is aged 33 with a knife before stealing a stove, plates, pots, shoes and $10 cash. They put them outside and returned inside the house where they took turns to rape the girl,” Snr Asst Comm Charamba said.

After committing the crime, the two disappeared but returned the following day looking for $5 change and they were identified by the girl, leading to their arrest. Investigations on the case are still continuing.

Meanwhile, police are investigating two cases of armed robbery that occurred in Marondera and Mahusekwa where armed robbers pounced on an abattoir and stole $12 000 cash and property.

Snr Asst Comm Charamba said on June 13 at around 1am four armed robbers attacked a security guard who was manning Surrey Abattoir premises and handcuffed him.

They ransacked the premises and stole $12 000 cash.

On the same date at around 3am, six armed robbers attacked another security guard at Profeeds Wholesale in Mahusekwa and stole $82 cash and 20 x 1 000g ESB3 chemicals, all valued at $378.

Senior Court Reporter
AN employee at WEBCON High Glen Total Service Station was last Friday jailed for an effective 10 months for stealing close to $30 000.

The fuel station is owned by former minister Webster Shamu.

Willis Nyamusanduka, who was employed as a supervisor at the service station, was convicted after a full trial due to overwhelming evidence against him.

He was facing theft of trust property charges after he converted $29 126 to his personal use.

Harare magistrate Mr Francis Mapfumo sentenced Nyamusanduka to 30 months in prison before setting aside four months on condition of good behaviour.

He further suspended 16 months on condition he restitutes the money he pocketed.

Mr Mapfumo then effected 10 months. In passing the sentence Mr Mapfumo said Nyamusanduka benefited more considering that nothing was recovered hence the need for a custodial sentence.

Prosecutor Mr Peter Kachirika proved that between May 2014 and March 2015, Nyamusanduka received money from fuel attendants and under-banked the money that he converted to own use.

The court heard that to cover up the offence, Nyamusanduka destroyed all the bank deposit slips and computer-generated receipts, leaving behind the cash register in which he had endorsed the correct amounts banked.

The offence only came to light on March 21 last year when Total Zimbabwe, the fuel supplier to WEBCON Total Service Station, advised the company that it was in ar- rears.

The company directors conducted a reconciliation of the cash register, bank deposit slips and computer-generated receipts against a bank printout of the account and discovered the anomaly.

Daniel Nemukuyu Senior Court Reporter
Senior police officers no longer have powers to sign warrants of further detention for suspects to remain in custody following the alignment of the Criminal Procedure and Evidence Act with the new Constitution.

In the past, justices of peace (senior police officers of the rank of Superintendent and above) would authorise the detention of suspects in police cells for up to 96 hours without taking the suspect to court.

The recently published Criminal Procedure and Evidence Amendment Act now compels the police to release the suspect forthwith if they fail to take him to court within 48 hours of his arrest.

If the police sees it necessary to extend the stay of the suspect in custody, a formal application has to be made before a magistrate, who assesses the circumstances and either grants or throws away the request.

The old law was open to abuse by some spiteful investigators.

Some vindictive police officers would arrest people towards the weekend, to make sure that the suspects will not be released until Monday, as weekends were not included as court days in terms of the parent piece of legislation.

But the new law now considers Saturdays, Sundays and public holidays in the counting of the permissible 48 hours detention period.

In terms of the new law, police officers are compelled to release the suspects as soon as the 48 hours lapse.

The amended Section 32 (3) of the Act now reads:

“Any person who is arrested or detained -

a) For the purpose of bringing him or her before a court, or

b) For an alleged offence; and who is not released must be brought before a court as soon as possible and in any event not later than forty-eight hours after the arrest took place or the detention began, as the case may be, whether or not the period ends on Sunday or a public holiday.”

Amendment to Section 33 of the Act now excludes police officers from authorising further detention of a suspect in police custody.

An application has to be made before a judge or magistrate for the extension of the detention period.

An additional Section 41 to the principal Act compels an arresting officer to inform the suspect of his or her reason for arrest, right to remain silent, consequences of remaining silent and those of not remaining silent.

The arrested person must also be allowed to contact their spouses or to be visited by their relatives. They are also entitled to religious counsellors of choice, legal practitioners and medical practitioners of choice if need arises.

Section 121 of the Act, which allowed the State to suspend the decision of a magistrate or judge to grant bail, was also amended.

It now gives a magistrate or judge discretionary power to suspend or confirm his bail decision.

The amended Section 121 (3) reads:

“Where a judge or magistrate has admitted a person to bail, and an appeal is noted by the Prosecutor-General or public prosecutor under subsection (1), the decision to admit to bail remains in force unless, on the application of the Prosecutor-General or public prosecutor, the judge or magistrate is satisfied that there is reasonable possibility that the interests of justice may be defeated by the release of the accused on bail before the decision on appeal, in which event the judge or magistrate may suspend his or her decision to admit the person to bail and order the continued detention of the person for a specified period or until the appeal is determined, whichever is the shorter period.”

Several minor amendments were also made to the Act.

Tendai Rupapa Senior Court Reporter
A police officer and his sister stand accused of defeating the course of justice after they allegedly protected a suspected murderer who is on the run for shooting three police officers who were investigating a poaching case in Chipinge in November last year.

Clebious Kanyoka, attached to the Community Relations Liason Section at Harare Central Police Station, and Naume Nziramasanga were recently arrested on allegations of supplying information to their brother, Gadreck Nziramasanga, who is wanted for murder.

Kanyoka is alleged to have been supplying him with information on any latest investigations that were being carried out on his case so that he would evade arrest.

Nziramasanga is still on the run.

Kanyoka and Naume appeared before magistrate Ms Jessy Kufa who remanded them to today for trial commencement.

Representing the State, Mrs Idah Mateke-Maromo with the assistance of Mr Desire Chidanire, alleges that on November 24 last year Gadreck Nziramasanga shot and killed three police officers in Chipinge.

According to the State, the three officers were on duty investigating a case of poaching.

Soon after the shooting, Nziramasanga escaped and is still on the run.

Police detectives were tipped that Kanyoka and Naume were communicating with Nziramasanga.

Kanyoka was invited to CID Homicide for questioning and he denied knowing and communicating with Nziramasanga.

He was then released but further investigations revealed that Kanyoka and Nziramasanga were brothers. The detectives again asked Kanyoka to report to their offices for questioning on November 30.

Investigations revealed that Kanyoka and Naume were indeed related to Nziramasanga and were in constant touch with him.

It was also discovered that Kanyoka was supplying Nziramasanga with information he would have gathered from the police.

Kanyoka was also supplying Nziramasanga with money and airtime for his mobile phone.

Kanyoka was subsequently arrested and he implicated his sister Naume.

Bulawayo Bureau
A SENIOR Zambian opposition leader allegedly forged a Zimbabwe School Examinations Council (Zimsec) Ordinary Level certificate and submitted it as part of requirements to contest in the neighbouring country’s presidential electionsscheduled for August 11 this year.

The United Party for National Development (UPND) presidential candidate in the upcoming Zambia elections, Mr Geoffrey Bwalya Mwamba, who is deputy and running mate to UPND leader Mr Hakainde Hichilema, claimed he sat for O-Level examinations in Zimbabwe at a date that could not be ascertained.

His party is contesting against incumbent President Edgar Lungu of the Patriotic Front.

Zimsec spokesperson Ms Nicky Dlamini confirmed to the Chronicle that the country’s examination body indeed wrote to ECZ but claimed that was procedural.

However, part of the examining body’s response seen by the Chronicle stated the Zambian’s certificate was forged.

“Yes, we are aware of it and all they wanted was to know if he really had some certificates from here. If a person studied at one of our colleges or schools and sat for Cambridge or Zimsec public examinations that’s the procedure . . . they would check,” said Ms Dlamini.

She couldn’t, however, be drawn into confirming whether Mr Mwamba really learnt in the country.

“That confirmation can be obtained from Zambia because they are our client and not Mr Mwamba,” said Ms Dlamini.

The probe into the validity of Mr Mwamba’s credentials allegedly came after he included documents from Zimbabwe when he submitted qualifications for vetting into elections. Mwanajiti and Associates, who oversee elections together with the Electoral Commission of Zambia, raised the issue.

“The Zimbabwe School Examinations Council has written to the Examination Council of Zambia to report UPND presidential running mate Geoffrey Bwalya Mwamba to law enforcement agencies for suspected forgery.”

Mr Mwamba challenged the PF government to “arrest” him if it felt he forged certificates and denied submitting academic papers from Zimbabwe.

Chief Court Reporter
A HARARE magistrate who was slapped with two suspensions on charges of misconduct and incompetence got a reprieve after the Judicial Service Commission disciplinary committee nullified the suspensions.

Mr Reward Kwenda was suspended by provincial magistrate Mr Vakayi Chikwekwe on March 14 and April 7 pending a disciplinary hearing on charges of misconduct allegedly arising from corrupt practices and incompetent performance of duties.

On the first charge, Mr Kwenda was accused of attempting to influence a colleague to rule in favour of one Tendeukai Mauswa.

While serving his suspension, Mr Kwenda was again suspended on charges of “failure to perform any duties related to one’s work or improve or negligent, inefficient or incompetent performance of duties”.

On both instances, Mr Chikwekwe authored the suspensions where he also preferred the charges against Mr Kwenda.

After hearing the preliminary argument raised by Mr Kwenda’s laywers, Advocate Silvester Hashiti and Adv Garikai Sithole, a three-member disciplinary committee led by Justice Jester Charewa nullified the proceedings and the suspensions.

The disciplinary committee accepted the preliminary point raised, that the disciplinary proceedings were “abortive and improperly constituted”.

In their submissions, the defence argued that the provincial magistrate could not suspend and prefer charges to a member of the judiciary without delegated powers from the disciplinary authority.

The committee agreed with the defence submissions and ruled that the letters of suspension and preferred charges were a nullity. “The committee also accepted the principle of law that nothing stand on nothing,” said Justice Charewa.

“Therefore, though the disciplinary authority properly acted within the law to appoint the disciplinary committee, such committee could not validate void acts of Mr Chikwekwe.”

Other committee members — Justice Priscilla Munangati-Manongwa and senior regional magistrate Mr Tranos Uta- hwashe – concurred.

The matter has since been referred back to the Judicial Service Commission to adhere to its regulations.

Fungai Lupande Court Reporter
Jailed commuter omnibus driver Wadzanayi Mabika, who knocked and killed a Girls High School student and a city man, has appealed his six years sentence, which he says is too harsh.

Mabika (41) filed a notice of appeal against the sentence at the Harare Magistrates’ Court through his lawyer, Mr Nathaniel Chigoro.

In his submissions Mabika says the presiding magistrate, Mr Elijah Makomo, used emotions in handling the matter.

“The court misdirected itself by failing to consider all the offences as one for sentencing,” he said.

“The court aquo misdirected itself by failing to consider counts 1 and 6 as one for the purposes of sentencing leading to a harsh sentence considering that both counts were arising from a single act.

“The court aquo misdirected itself in not considering the lowest provision on the counts 2, 3, 4 and 5 which provides for a fine.

“The court aquo demonstrated that emotions and public pressure bore upon it hence the harsh sentence yet a judicial officer seized with a determination should not be influenced by emotions,” reads the notice of appeal.

Mabika was jailed by the magistrate after he admitted to culpable homicide charges and five other traffic offences.

He pleaded guilty to running over Jocelyne Gomba and injuring Odwell Mabanga who later died of multiple injuries and broken ribs.

The accident happened on May 23 this year around 4pm at an illegal rank at the intersection of Leopold Takawira Street and Park Lane in Harare.

Mrs Nyemba

Daniel Nemukuyu Senior Court Reporter
Lawyers have welcomed the promulgation of the Constitutional Court rules, describing the development as progressive and set to outline the proper procedure of operation and to improve the quality of justice.

Last week the Constitutional Court rules became law.

The development came at a time the court had gone for years being guided by the borrowed Supreme Court rules and some practice directives.

Law Society of Zimbabwe president Mrs Vimbai Nyemba hailed the development but urged lawyers and other litigants to abide by the pronounced rules.

“For progressive reasons, we welcome that. We have been waiting for the rules and, finally, we now have specific rules for the Constitutional Court.

“However, to have the rules is one thing, and to abide by them is another. I urge all lawyers and other litigants to abide by the rules of the Constitutional Court,” she said.

Dean of Law at the Zimbabwe Ezekiel Guti University Mr Caleb Mucheche said the rules were long overdue.

Mr Mucheche described the setting up of the rules as a milestone achievement.

“This is a milestone legal development as it has clearly spelt out the procedure which facilitates litigants’ access to justice via the Constitutional Court of Zimbabwe,” he said.

Mr Wellington Pasipanodya of Manase and Manase Legal Practitioners said the setting of the new rules was in fulfilment of the new supreme law.

“The promulgation of the rules is a welcome development that was done in fulfilment of the 2013 Constitution of Zimbabwe,” he said.

Mr Pasipanodya said the rules will help to screen proper cases for determination by the highest court and to avoid flooding the court with frivolous matters.

“That will see efficiency in the court by unclogging the court roll. Some litigants have been abusing the court by bringing frivolous cases, which do not deserve the attention of such a serious court.

“The Constitutional Court is the highest court in the land and as such it cannot continue to be turned into a Mickey Mouse playground bent on abusing the court process,” he said.

Mr Jonathan Samukange of Venturas and Samukange law firm said: “That is very progressive. The rules ensure that we do not have frivolous applications sneaking into the Constitutional Court.”

Prior to the enactment of the rules, some litigants would take advantage of the unavailability of definitive rules to sneak undeserving cases into court, thereby unnecessarily clogging the system and creating backlogs.

When the new Constitution came into effect in 2013, it categorically stated the requirement for a stand-alone Constitutional Court that must be governed by its specific rules like any other courts.

In compliance with the Constitution, Government issued Statutory Instrument 61 of 2016, which provides rules for the Constitutional Court.

The Constitutional Court Rules, 2016 became law on June 10 2016.

All courts of law from the Magistrates’ Court, High Court, Supreme Court, Administrative Court and Labour Court have their own specific rules prescribing specific procedure.

Snr Asst Comm Charamba

Crime Reporter
A 15-year-old girl was raped by an unknown assailant at a secluded place in Waterfalls while she was on her way to school last Friday morning.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba confirmed the incident and said investigations were still in progress.

“A 15-year-old girl who was waiting for transport to school at a bus stop was called to a secluded place by an unknown man and she complied. The man proposed love to the girl and she turned him down,” she said.

The man grabbed the girl and raped her once. She cried for help and two men who were passing by rushed to the scene but the man fled.

A report was made to the police.

“Members of the public are discouraged from accompanying strangers to secluded places. They should not accept drinks or gifts which are suspicious from such companions. Children should be accompanied by adults or other pupils when going to and coming from school,” Snr Asst Comm Charamba said.

She said they were appealing to anyone with information that may lead to the arrest of the suspect to contact any nearest police station or the National Complaints Desk on (04) 703631.

Last week, two suspected armed robbers raided a house in Epworth and took turns to rape a 16-year-old girl while she was sleeping with her mother.

The two robbers have since been arrested in connection with the case after they went back to the house the following morning after they went to the house to look for $5 change.

Police said the two armed robbers went to the girl’s house where they forcibly opened the door with an iron bar.

They threaten the girl and her mother who is aged 33 with a knife before stealing a stove, plates, pots, shoes and $10 cash.

The robbers took the goods outside and went back inside the house where they took turns to rape the girl.

After committing the crime, the two disappeared but returned the following day looking for $5 change and they were identified by the girl, leading to their arrest.

Meanwhile, police are investigating two cases of armed robbery, which occurred in which armed robbers pounced on premises and stole $12 000 cash and property.

Prosper Dembedza Court Correspondent
SIX Tanzanians yesterday appeared in court for breaking into two houses while armed with a pistol, before stealing cash and goods amounting to $11 720.

Bakari Kila Bakari (32), Jonathan Oscar Mgwabati (25), Salum Bakiri Kitumbi (28) Muhammed Kila Bakiri (31), Francis Jailoso Mwakangala (40) and Omali Ali Juma (32) were facing armed robbery and unlawful entry charges when they appeared before Harare magistrate Mr Elijah Makomo.

They were remanded in custody to June 23 and advised to apply for bail at the High Court.

Allegations are that on June 17 the six connived to rob a woman and proceeded to her house in Waterfalls armed with a pistol while driving a BMW 320i with Botswana registration numbers.

The court heard that Mgwabati, Bakari and Mwakangala got into the house while Bakari Kila Bakari remained by the gate.

It is alleged that they confronted the woman and threatened to shoot her with the firearm.

It is the State’s case that they ransacked the house and stole two wedding rings, a necklace, Samsung S7 charger and $8 000 which was in the wardrobe.

The court heard that they also went to steal $90 from the woman’s wallet.

On June 18 it is alleged that the six broke open a bedroom window to gain entry into Steven Arthur Holm’s house in Avondale and stole a 42-inch Hisense television set, its remote control, an Apple laptop, blue satchel, DSTV remote control, two pairs of training gloves, David Beckham perfume and a silver Korus perfume.

It is alleged that on that same day police received information that the six were selling suspected stolen goods at Roadport.

Detectives made a follow-up leading to the arrest of the six. Stolen property valued at $3 440 was recovered.

Meanwhile, two Indians who allegedly took turns to sexually abuse an intoxicated a 28-year-old woman at a city hotel yesterday appeared in court.

Krishna Satyanarayan Gandlur (33) and Ravi Krishnan (40) appeared before Harare magistrate Mr Elijah Makomo.

They are facing rape charges and were remanded to a later date for their bail hearing.

The pair is represented by Mr Dumisani Mthombeni.

Prosecutor Mr Peter Kachirika alleged that on June 16 the pair was booked at a hotel in Harare’s city centre.

The complainant was also booked at the same hotel and at around midnight Gandlur invited the woman into his room for drinks.

The court heard that Krishnan was also in the same room and the woman was introduced to him.

Red wine was ordered and the pair forced the woman to drink it.

Gandlur tried to kiss the woman but she refused and pushed him away.

It is alleged that later the woman got drunk and the pair took turns to have anal sex with her.

The following morning it is alleged the woman woke up feeling pain in her backside.

She also realised she was back in her room but without her bra and undergarment which were on the floor.

It is alleged she saw that her sheets were blood stained and some cigarettes were on the side table.

She narrated the matter to the hotel manager who accompanied her to the police.

Robert Gumbura

Tendai Rupapa Senior Court Reporter
A State witness in the case in which jailed Independent End Time Message leader Robert Martin Gumbura is accused of masterminding a foiled jailbreak at Chikurubi Maximum Security Prison last year, on Friday last week refused to testify arguing that his rights were being infringed.

For that reason, Davison Mutakaya wants the case referred to the Constitutional Court so that the rights issues can be dealt with.

Mutakaya told the court that he was making the application for referral on behalf of all the five State witnesses.

However, the witness did not disclose the rights which were being violated.

Mutakaya produced a written application that he intended to give to the court.

Prosecutor Mr Michael Reza then interjected, objecting to the application before Mutakaya could highlight how their rights were being infringed.

Mr Reza said Mutakaya should go through the State which was representing the witnesses.

Mr Reza said: “Your Worship, he is a State witness so if he is going to make an application, it should be made through his lawyer which is the State. The State has not read his written application so he cannot tender it to the court.”

In response, Gumbura’s lawyer, Mr Tapson Dzvetero, said Mutakaya had a right to make the application since he was a mere witness not a complainant.

He then advised the court that for the purpose of the application, he was now representing all the accused persons whom he said were concurring with Mutakaya’s application.

“The application should be made and accepted by the court for it to make a determination. He is not a complainant but merely a witness hence in terms of the law, he is not being represented by the State so he can make his own application to the court,” he said.

“However, if it is an application to have the matter referred to the Concourt, the accused persons’ position is to consent to the application together with their own issues, which they had previously requested the court to refer to the apex court.”

After hearing submissions from both parties, magistrate Mr Francis Mapfumo said before the application could be admitted in the record, there was need to establish whether a witness can make an application to the Constitutional Court citing infringements of fundamental rights.

The court then directed the State and the defence to research the legal position and file its submissions. Mr Mapfumo will make his ruling on June 24 on whether the application should be made by Mutakaya or through the State.

Gumbura is jointly charged with Blessing Chauke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38) and an armed robber, Lucky Matambanadzo (39).

The nine are accused of masterminding a foiled jailbreak at Chikurubi Maximum Security Prison last year.

They are facing charges of attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively conspiracy in aggravating circumstances for malicious damage to property.

It is alleged that during the morning of February 13, 2015 in B Hall, Gumbura allegedly incited other inmates to protest over the type of food they were being served.

With the intention to escape, Chauke, Matambanadzo, Mhungu, Dodzo, Chacha, Sibanda, Vhumbunu, Chizema and three other inmates who are now deceased, influenced inmates to reject the porridge they were served, which had no sugar, it is alleged.

Violence erupted, with prisoners vandalising property whose value was estimated at $450 000.

A police officer who shot his female colleague while trying to sneak into a judge’s house to see his “lover” (a housemaid) was sent to jail for six years. Lloyd Salobe (29), who was guarding Macro Economic Planning and Investment Promotion Minister Obert Mpofu’s house shot Hazel Mutasa at Justice Lavender Makoni’s home she was also guarding.

After shooting his colleague, Salobe scratched himself with thorns and reported to the police that he was kidnapped as a cover up.

He was convicted of attempted murder and supplying false information charges.

Harare magistrate Fadzayi Mtombeni sentenced Salobe to eight years for attempted murder and six months for supplying false information.

The six months will run concurrently with eight years, while two years were suspended for five years on condition of good behaviour.

In mitigation, Salobe asked for lenience saying he served 20 days in prison at police before being dismissed. — HR.

Crime Reporter
Police are working with Interpol to assist them in locating two First Oil Company (Private) Limited directors believed to have fled allegations of obstructing the course of justice after they reportedly connived with CMED (Pvt) Ltd managing director Davison Mhaka to cook up papers showing how $2,7 million in a botched fuel deal was spent.

The pair, Alex Kudakwashe Mahuni and Lynon Gilbert Katunga, are believed to have manufactured fake documents together with Mhaka through an IT expert in South Africa to conceal the case.

According to police, Mahuni and Katunga fled to South Africa to evade arrest and being questioned over the case.

A senior police officer yesterday said they were aware that the pair was still in South Africa and were still gathering more intelligence with the help of Interpol.

National police spokesperson Chief Superintendent Paul Nyathi recently said the manhunt for the two was still on.

“Alex Kudakwashe Mahuni and Lynon Gilbert Katunga are wanted persons in a suspected case of money laundering, which is contravening Section 8 (2) of the Money Laundering and Proceeds of Crime Act Chapter 9:24,” he said.

Three robbers raped a 33-year-old woman and her 16-year-old daughter and stole $10 000 and household property, court heard last week. Owen Chiguvare (23) and Takudzwa Vita (22) were facing rape and robbery charges when they appeared before magistrate Mr Tendai Mahwe.

They were remanded in custody to June 23 and advised to apply for bail at the High Court.

It is alleged that on May 10 this year at around 1am, the complainant went to sleep with her two children when the duo and their accomplice, who is still at large, pounced on them.

The court heard that the trio forced open the door using an iron bar and went into the room in which the complainant was sleeping with her two children. It is alleged that the complainant heard voices and started screaming for help, prompting Chiguvare to draw a knife while threatening to kill her.

It is the State’s case that the trio started taking property from the complainant’s house including four silver pots, a two-plate gas stove, a plastic bucket, two dinner cup sets, one dinner plate set and two pairs of sandals before stealing $10 000.

The court heard that after looting the property and the cash, Vita raped the complainant at knife point.

It is alleged that Chiguvare asked the complainant if she had condoms and she told him that she did not have them.

The court heard that Chiguvare went to the complainant’s daughter and raped her. — HR.

Ms Washaya-Moyo

Fungai Lupande Court Reporter
Zimbabwe Parks and Wildlife Management Authority’s public relations manager Ms Caroline Washaya-Moyo yesterday distanced herself from the case where Sunday Mail editor Mabasa Sasa, investigations editor Brian Chitemba and reporter Tinashe Farawo are accused of publishing falsehoods.

Testifying as the last State witness, Ms Washaya-Moyo said she did not know whether the story was false or not, neither did she pass any comment.

“On October 30 around 5pm, I received a text message from Farawo seeking my comment on cyanide poisoning in Hwange National Park,” she said.

“I was in Victoria Falls attending a climate change conference and I texted back telling him to contact Tawanda Gotosa.

“The following day when I was in Gweru on my way back, I received a phone call from a Senior Assistant Commissioner asking if I was the one who commented on the story on cyanide poisoning. I got to know of the story on mobile news alerts.”

Asked by defence lawyer Advocate Fadzayi Mahere if she knew who was behind cyanide poisoning, Ms Washaya-Moyo said she did not.

“When you saw the article on mobile news alerts did you have any basis to call it false?” asked Adv Mahere.

“I don’t remember ever passing comments on the story,” replied Ms Washaya-Moyo. “So you cannot say it’s false or no?” asked Adv Mahere.

Adv Mahere gave notice of her application for discharge at the close of the State case and will file her submissions on June 30. The prosecutor Ms Francesca Mukumbiri will respond on July 1 and Adv Mahere is expected to submit her replication on points of law on July 5.

The magistrate Mr Tendai Mahwe will make a ruling on July 7.

The trio is accused of communicating or publishing false statements after alleging that a top cop was fingered in poaching.

Sasa, Chitemba and Farawo were arrested following the publication of an article on November 1, 2015, which implicated some police officers, rangers from the Parks and Wildlife Management Authority of Zimbabwe and Asian nationals in poaching activities in Hwange.

The High Court has acquitted a Harare businesswoman of fraud in a case in which she was accused of swindling her former business partner of $22 000 in a botched deal.

Ms Patience Chivasa was last year sentenced to six months in prison or a $600 fine by the Harare magistrates’ court on allegations of defrauding Dharmesh Nagar, a South Africa-based businessman of Indian descent.

She was also slapped with an eight-month prison sentence, wholly suspended on condition that she reimbursed the $22 000 to Nagar, who claimed to have released the money through his company known as Media Revolutions.

Nagar claimed to have given Ms Chivasa $20 000 as consultation fees for her to facilitate several business transactions and $2 000 for the printing of zanu-pf Women’s League t-shirts ahead of the party’s 2014 conference.

Ms Chivasa, through her lawyer Mr Admire Rubaya of Rubaya and Chatambudza Legal Practitioners, subsequently lodged a High Court appeal against both conviction and sentence.

High Court sitting as an appeals court last week quashed both conviction and sentence.

“The appeal be and is hereby allowed. The conviction is set aside and sentence quashed,” ruled Justice Charles Hungwe, who heard the appeal with Justice Edith Mushore.

In her grounds of appeal, Ms Chivasa argued that the State had relied on one witness and that the lower court applied the wrong standard of proof in convicting her. It was further argued that the State’s case was weak as there was no documentary evidence that she received the money while Nagar also failed to reveal the purpose for the release of the funds and the collateral used to secure the money.

Meanwhile, Ms Chivasa has reported the Zimbabwean-born Nagar to the police for allegedly insulting her over the phone and tampering with her e-mail account to present false evidence which led to her arrest and conviction. — HR.