Happison Muchechetere

Tendai Rupapa Senior Court Reporter
The trial of former Zimbabwe Broadcasting Corporation chief executive Happison Muchechetere, who is facing charges of contravening the procurement law, has been further postponed to June 29.

Muchechetere withdrew his constitutional application and will now stand trial.

The trial had been set for June 20.

However, prosecutor Mr Michael Reza sought for a postponement of the matter on the basis that Mr Adonia Masawi, who is handling the matter was unavailable.

Muchechetere appeared before Mr Noel Mupeiwa, who remanded him to June 29.

Two weeks ago Muchechetere appeared before Mr Masawi, who remanded him to his trial date, June 20, after prosecutor Mr Reza tendered a document that confirmed that the defence had withdrawn the application they had submitted at the Constitutional Court. He is being represented by Advocate Thabani Mpofu.

In February this year, the Constitutional Court threw out Muchechetere’s appeal after ruling that the application was not filed in terms of the law.

However, when they previously appeared in court, Advocate Mpofu indicated that they were still pursuing their Constitutional Court application challenging the criminal proceedings.

Timothy Mubhawu

Fungai Lupande Court Reporter
The case in which former MDC-T legislator Timothy Mubhawu is being accused of domestic violence took a new twist yesterday when his wife tried to have the charges against him withdrawn.

This came as video footage emerged showing Mubhawu apparently absolving his wife of having an adulterous affair with Pastor Manson Mpofu.

The prosecutor Ms Patience Chimusaru opposed the withdrawal of the matter saying she suspected that Molleen Mubhawu had been coerced to drop the charges by the former Mabvuku-Tafara Member of Parliament.

The court ordered that Molleen be sent for professional counselling at Musasa Project within two weeks.

Ms Chimusaru said the matter could not be withdrawn as the charge indicated that a dangerous weapon had been used to commit the offence, adding that a medical affidavit obtained at Parirenyatwa Hospital where the victim was treated would be produced in court as exhibit.

Mubhawu’s lawyer Mr Stephen Chikotora told the court that he was not ready to proceed because he was standing in for lawyer Mr Everson Chatambudza who was off sick.

The magistrate Ms Nomsa Sabarauta, adjourned the matter to July 4 for trial.

Mubhawu (52) is alleged to have struck his wife with a machete on the knee and hands following a domestic dispute at their Donnybrook home on May 15.

It is alleged that Mubhawu accused his wife of cheating with Pastor Mpofu.

Molleen sustained a cut on her right palm while trying to block the machete and later reported the matter to police leading to Mubhawu’s arrest.

Meanwhile, video footage has been released showing Mubhawu absolving his wife of infidelity.

In the video clip, Mubhawu is heard apologising to Pastor Mpofu for falsely accusing him of cheating with his wife.

Mubhawu asks the pastor for forgiveness saying he was influenced by Satan.

Tendai Rupapa Senior Court Reporter
A Harare man who was reportedly stabbed by former CAPS United skipper Method Mwanjali following a misunderstanding in a drunken brawl intends to withdraw charges against the player, the court heard yesterday.

Mwanjali’s trial was supposed to have commenced yesterday before regional magistrate Mr Noel Mupeiwa.

However, prosecutor Mrs Tinashe Kanyemba-Makiya advised the court that the complainant, Tonderai Nhunzvi, wants to withdraw attempted murder charges against Mwanjali.

She then sought for a postponement of the matter to today for the State’s consideration. Mr Mupeiwa moved the matter to today. Mwanjali is being represented by Advocate Lewis Uriri instructed by Mr Tinofara Hove.

He is facing attempted murder charges and is on $100 bail.

His alleged accomplice and teammate Archford Gutu is also out on bail.

Gutu is facing a charge of malicious damage to property and his trial was adjourned to June 27.

Allegations are that Mwanjali (33) stabbed Nhunzvi with a knife on Independence Day following an altercation in the parking lot at Long Cheng Plaza in Belvedere, Harare.

The State alleges that the two met at an intersection in the complex, where their vehicles almost collided, leading to a heated exchange of words and the stabbing.

Gutu, who was behind the wheel, allegedly got out of the vehicle and charged towards Nhunzvi, who had three passengers.

He accused Nhunzvi of reckless driving. The misunderstanding degenerated into a fistfight with Gutu smashing the windscreen of the vehicle which Nhunzvi was driving.

Mwanjali allegedly joined in the fracas and drew a knife and reportedly stabbed Nhunzvi in the stomach.

Nhunzvi’s friend Lionel Muchena tried to stop Mwanjali, but was also left injured.

Stendrick Zvorwadza

Prosper Dembedza Court Correspondent
The trial of National Vendors ‘Union chairman Stendrick Zvorwadza who is accused of threatening to burn down Rainbow Towers Hotel during a demonstration against Vice President Phelekezela Mphoko’s continued stay at the five-star hotel was yesterday postponed to August 16.

Harare magistrate Mr Elijah Makomo recused himself from the matter, saying he once dealt with another matter in which Zvorwadza was the accused.

Zvorwadza (47), who is also an MDC-T activist, is facing charges of threatening to commit malicious damage to property.

Through his lawyer, Mr Marufu Mandevere, he recently made complaints against the police.

“Accused was not properly advised of charges he was facing upon his arrest.

“He was only advised in the afternoon after being arrested in the morning.

“He was not allowed to have blankets in the cells and spent the whole night with only one blanket, which he used as a mat.

“It was very cold. However, he was allowed to have his shoes,” Mr Mandevere said.

The prosecutor, Mr Sebastian Mutizirwa, did not oppose bail and Zvorwadza was remanded on $200 bail.

As part of his bail conditions, he was ordered not to visit Rainbow Towers Hotel.

It is alleged that on June 26, Zvorwadza entered Rainbow Towers Hotel in the company of eight people, three of them carrying video cameras and believed to be journalists.

The court heard that Zvorwadza walked towards the foyer and shouted that he had come to have his breakfast.

Hotel management informed the police of Zvorwadza’s behaviour.

It is alleged that he resisted arrest and closed the hotel’s main entrance doors from inside and ordered police officers to leave the premises.

He told them that they wanted to demonstrate peacefully because it was their constitutional right.

It is alleged that Zvorwadza started shouting at the top of his voice that VP Mphoko had to immediately check out of the hotel because he was using taxpayers’ money.

He said they would do anything to tarnish the image of the hotel and burn it down, the court heard.

Mr Buyanga

Daniel Nemukuyu Senior Court Reporter
MORE than 300 people who lost their houses to businessman Frank Buyanga after failing to repay loans, might recover their properties following a Supreme Court ruling that the sale of the residences to third parties is illegal.

The ruling was handed down as lawyers representing the property owners were preparing to institute private prosecutions against Buyanga.

Suspended Prosecutor-General Mr Johannes Tomana, using his discretion, declined to prosecute Buyanga on allegations of defrauding the property owners.

But the NPA succumbed to pressure recently and issued the group of complainants with a certificate to institute private prosecutions against Buyanga.

Buyanga extended loans of varying amounts to over 300 people who were not asked to sign loan agreements but to sign agreements of sale for their houses as security.

The debtors were asked to surrender the title deeds to their properties and when they failed to settle the debts, Buyanga sold the properties to third parties without the consent of the owners.

One of the debtors, Ms Margaret Marume, who owed Buyanga $30 000, had her Greengrove house sold to a Harare couple for $60 000 without her knowledge. She believes her property is worth $150 000.

Ms Marume won her case at the High Court where Justice November Mtshiya nullified the sale.

Mr Pearson Mzilikazi and his wife Mrs Yvonne Mzilikazi, who bought the house, appealed against the High Court judgment.

Yesterday Justice Bharat Patel, sitting with Justices Elizabeth Gwaunza and Chinembiri Bhunu, threw out the appeal and confirmed that the transactions by Buyanga’s firm were fraught with illegalities. Justice Patel upheld the decision of the High Court that nullified the transaction.

The courtroom was full to capacity as interested parties who lost their properties under similar transactions came to hear the appeal.

Some of the “victims” could be seen celebrating the ruling from their wheelchairs.

Advocate Lewis Uriri, who appeared for Ms Marume, told The Herald that the judgment in his client’s favour had a bearing on hundreds of property owners who lost their houses to Buyanga.

“This means all the people who lost their properties in the same way will now have to recover them.

“The third parties who purchased the properties illegally from Gutu Properties will have to recover their money from Mr Buyanga,” he said.

It was the court’s finding that the sale of the immovable property was effected in the absence of a Capital Gains Tax clearance certificate and that the property owner had no intention to sell.

It was the court’s finding that the Power of Attorney document used in the sale of the woman’s property was falsified. In the supplementary heads filed by Ms Marume’s lawyer, Advocate Uriri, it was argued that the property was sold in the absence of the property owner.

Ms Marume, the court heard, did not witness the crafting of the Power of Attorney authorising transfer of the property. She was not present when the agreement of sale and declaration by seller were concluded.

The court heard that the transaction was fraudulent as it was effected without payment of Capital Gains Tax.

Tendai Rupapa Senior Court Reporter
Fifty-eight people from Epworth, Mabvuku and Ruwa who are linked to the public violence experienced in the city last week, spent the week in remand prison after they failed to raise the bail.

The group was arrested together with 46 others on public violence charges. They appeared before Harare Provincial magistrate Mr Vakayi Chikwekwe on July 8 and were ordered to pay $100 bail each while four juveniles were released on free bail.

Of the 104 people, 46 managed to pay the $100 bail and were released. Their lawyers, Mr Trust Maanda, Jeremiah Bhamu and Gift Mutisi, yesterday approached the court seeking a downward variation.

Mr Maanda said: “Your Worship, this is an application for the court to alter the bail conditions in this matter by reducing the amount that Your Worship ordered to be paid as deposit. Fifty-eight of them have not been able to raise the amount.”

He also made an application to scrap reporting conditions for two of the protesters on the grounds that one of them was a student in Bindura while the other was said to be in hospital.

Mr Maanda also sought the release of impounded vehicles which he said belonged to some of the suspected protesters.

Mr Chikwekwe granted the application and reduced the bail amount to $50.

On the application to scrap reporting conditions, Mr Chikwekwe ordered that instead of reporting once a week to the police, the said student would now report once a month at Bindura Police Station.

Mr Chikwekwe, however, advised the defence to produce proof that one of the alleged protesters was in hospital, before advising the State to inquire with the police first on whether the vehicles were being held as exhibits.

Mr Warara

Tendai Rupapa Senior Court Reporter
A Harare magistrate who presided over the case of convicted rapist Munyaradzi Kereke is on Tuesday expected to rule on how much the private prosecution should get as legal costs.

The private prosecutor, Mr Charles Warara, said the tariff which will be indicated by regional magistrate Mr Noel Mupeiwa will determine the amount to claim from Kereke.

“We want the magistrate to give us an indication of the tariff because we are only able to determine how much we want after given that tariff.

“The magistrate will decide whether the costs are for this particular trial only or including all the other issues that surrounded the case,” he said.

The matter was postponed to July 19 after Mr Mupeiwa was said to be feeling unwell.

Kereke was on Monday jailed an effective 10 years for raping his 11-year-old niece, six years ago.

Kereke’s case had to proceed through private prosecution after Prosecutor-General Johannes Tomana refused to prosecute him, saying there was no evidence linking the legislator to the offence.

Mr Mupeiwa sentenced Kereke to 14 years behind bars, but set aside four years for five years on condition he does not commit a similar offence within that period.

The court, however, acquitted Kereke on charges of indecently assaulting the victim’s elder sister.

In his ruling, Mr Mupeiwa said the private prosecutor had proved beyond reasonable doubt that Kereke raped the minor and said the defence had tried to concoct issues to secure the release of a guilty man.

Eng Juma

Fungai Lupande Court Reporter
Harare magistrate Mr Vakayi Chikwekwe yesterday blasted the prosecution for ordering the opening of records for Zimbabwe National Road Administration (Zinara) bosses Moses Juma and Davison Norupiri — who are being charged with criminal abuse of office — in their absence.

Mr Chikwekwe said the opening of records before accused persons were at court was becoming a habit at the Magistrates Court.

“The two records were opened at 0930hrs with the clerk of court. This is now close of business at 1550hrs and the accused are not here,” said Mr Chikwekwe.

“The State and Zimbabwe Prisons and Correctional Services (ZPCS) cannot account for the accused and it is clear the record was opened at State’s instruction after giving their reference number.

“This system is gradually growing into a habit whereby records are opened without securing the presence of the accused and State should desist from that habit.”

Mr Norupiri

Mr Chikwekwe then considered the two records as not taken.

The prosecutor, Mr Sebastian Mutizirwa apologised saying the investigating officer in the matter had indicated that the pair was at the National Prosecuting Authority offices.

Juma allegedly committed the offence between December 2014 and June 2015 when he was accounting officer and acting chief executive of Zinara.

Allegations are that Juma authorised and approved various payments to Central Source Management Consultants (Pvt) Ltd, trading as Tax Management System (TMS).

The payments were allegedly for tax management and tax healthy checks done on behalf of Zinara without a binding contract between the parties.

The transactions allegedly raised suspicion in December 2014 and Juma created a fictitious contract in retrospect to regularise the engagement of TMS.

It is alleged that Norupiri, as Zinara’s non-executive board member, showed bias by awarding a contract to TMS.

The court heard Norupiri singlehandedly picked three companies, including TMS, to present proposals for tax management consultancy which had accrued to $43 million.

The court heard that procedurally, the procurement of service providers should be done by a procurement committee.

Furthermore, the amount involved required procurement of the services to be done through a tender process.

Norupiri allegedly influenced the appointment of TMS and later ordered Zinara to pay in full the money which TMS demanded, without verification.

Juma and Norupiri prejudiced Zinara of $1 274 575, 76.

William Mutumanje

Tendai Rupapa Senior Court Reporter
Former Zanu-PF activist William Mutumanje, also known as Acie Lumumba, who is facing charges of undermining President Mugabe, yesterday made an application challenging his placement on remand on the basis that the Prosecutor-General did not authorise his prosecution.

Through his lawyer, Mr Arshiel Mugiya, Lumumba argued that the letter which authorised his placement on remand was not authored by the Prosecutor- General as required in terms of Section 34 of the Criminal Law (Codification and Reform) Act.

“Your Worship, Section 34 of the Criminal Law (Codification and Reform) Act is clear on that an accused person who is being charged for undermining the authority of the President, the authority of the Attorney-General now the Prosecutor-General, must be sought,” he said.

“A reading of that letter produced by the State purportedly authored by the PG, clearly point out that someone authored it not the PG. Your Worship the authority given to the PG cannot be delegated. No one else purporting to be acting on his behalf can validly do so.”

In response, prosecutor Mr Oscar Madhume assisted by Mr George Manokore argued that there was a section which allows the PG to delegate his powers.

“Your Worship, Section 6 (2) of the Criminal Procedure and Evidence Act empowers the PG to delegate his powers to any legal practitioner in his office. Also Section 11 of the Criminal Procedure and Evidence Act which the defence is also basing on, talks of the local public prosecutor not the AG, hence the section is irrelevant to the application he is making,” he said.

Mr Madhume questioned why Mr Mugiya had not challenged the letter when Lumumba was placed on remand on the basis of the same letter, adding that his application was misplaced.

“The application is placed before a wrong court because if there are any grievances, the accused should have approached the superior court for review because the court already made a determination to place the accused on remand on the basis of that document which is now being challenged,” Mr Madhume said.

“I am actually surprised by the nature of his application because I tendered the letter of authority with his consent and it is now part of the record, why did he not object on the day it was tendered?”

The State advised the court that it was ready to proceed to trial.

Harare provincial magistrate Mr Vakayi Chikwekwe deferred the matter to Monday next week for ruling.

It is the State’s case that on June 30, Lumumba, who was addressing people during the launch of his political party, said: “Mr President Robert Gabriel Mugabe, f*** you. I am drawing the red line, our kids are in trouble so it is a red line I know and my name is Lumumba, Lumumba Lumumba . . . ”

Reason Razao Herald Reporter
An unnamed Zimbabwean man is in line for execution in Indonesia for drug trafficking.

The Zimbabwean, reports say, is among nine foreigners facing death in that country and these include four Chinese, two Nigerians and two Senegalese.

Indonesian President Joko Widodo has pledged a tougher stance against drug abuse. Indonesia’s Attorney-General Muhammed Prasetyo was quoted recently saying: “Present inmates to be put to death are all drug offenders so they know we are really at war with drugs. We have foreigners, among them from Nigeria and Zimbabwe.”

Last year Indonesia executed 14 people, mostly foreign drug traffickers.

Attorney-General Prasetyo previously said at least 16 prisoners would be executed this year and more than double that number next year. Among those facing the firing squad in the next round of executions are five Indonesians.

“The executions can take place any time, but there will not be a ‘soap opera’ about it this time,” Chief Security Minister Luhut Pandjaitan told journalists.

The number of drug convicts in Indonesia is rising despite the executions last year. Todung Mulya Lubis, a human rights lawyer and anti-death penalty advocate, believes that there will be public outcry over the executions.

Thupeyo Muleya Beitbridge Bureau
A 29-YEAR-OLD accounts clerk has been jailed for three years for stealing nearly $20 000 from his employer.

Terrence Kaguru Chipfakacha of Dulibadzimu in Beitbridge stole the money on 35 occasions.

He pleaded not guilty when he appeared before Beitbridge resident magistrate Ms Gloria Takundwa, but was convicted on overwhelming evidence.

Chipfakacha was left with an effective three years to serve after Ms Takundwa conditionally suspended one year of the six-year sentence for five years.

She also suspended a further two years on condition Chipfakacha restitutes his employer.

The prosecutor Mr Lloyd Mupfungidza told the court that Chipfakacha was employed by Border Service Station as an accounts clerk.

He was responsible for cash deposits among other duties.

He said between January 13 and May 31 this year he was given money by the company on 35 occasions to deposit in various bank accounts as payment to service providers.

The court further heard that instead of depositing the money, Chipfakacha converted a total of $19,974 to his own use.

Mr Mupfungidza said the issue came to light when service providers made follow ups for payments.

Chipfakacha was confronted over the issue by his employers and he admitted embezzling the money.

He was arrested when the matter was reported to the police.

William Mutumanje

Tendai Rupapa Senior Court Reporter
Harare Provincial magistrate Mr Vakayi Chikwekwe is today expected to rule on whether former Zanu-PF activist William Mutumanje, also known as Acie Lumumba, who is facing charges of undermining President Mugabe, should be freed or remain on remand following his application challenging placement on remand.

Last Friday, Lumumba made an application challenging his placement on remand on the basis that the Prosecutor-General did not authorise his prosecution.

The prosecutor Mr Oscar Madhume, assisted by Mr George Manokore, argued that there was a section which allows the PG to delegate his powers.

The State also advised the court that investigations were complete and it was ready to proceed to trial.

Through his lawyer, Mr Arshiel Mugiya, Lumumba argued that the letter which authorised his placement on remand was not authored by the Prosecutor-General as required in terms of Section 34 of the Criminal Law (Codification and Reform) Act.

“Your Worship, Section 34 of the Criminal Law (Codification and Reform) Act is clear that an accused person who is being charged for undermining the authority of the President, the authority of the Attorney-General, now the Prosecutor-General, must be sought,” he said.

“A reading of the letter produced by the State purportedly authored by the PG, clearly point out that someone authored it, not the PG. Your Worship the authority given to the PG cannot be delegated. No one else purporting to be acting on his behalf can validly do so.”

In response Mr Madhume said, “Your Worship, Section 6 (2) of the Criminal Procedure and Evidence Act empowers the PG to delegate his powers to any legal practitioner in his office.

“Also Section 11 of the Criminal Procedure and Evidence Act which the defence is also basing on, talks of the local public prosecutor not the AG, hence the section is irrelevant to the application he is making,” he said.

Mr Madhume questioned why Mr Mugiya had not challenged the letter when Lumumba was placed on remand on the basis of the same letter.

“The application is placed before a wrong court because if there are any grievances, the accused should have approached the superior court for review because the court already made a determination to place the accused on remand on the basis of that document which is now being challenged,” said Mr Madhume.

After hearing submissions from both counsels, Mr Chikwekwe deferred the matter to today for ruling.

It is the State’s case that on June 30, Lumumba, who was addressing people during the launch of his political party, said: “Mr President Robert Gabriel Mugabe, f*** you. I am drawing the red line, our kids are in trouble so it is a red line I know and my name is Lumumba, Lumumba Lumumba . . . ”

From Lloyd Gumbo in KIGALI, Rwanda
Africa must vigorously resist attempts by Western countries to amend the Rome Statute that will allow peacekeepers to arrest people indicted by the International Criminal Court as this is targeted at African leaders, an organ of the African Union has recommended.

The Economic, Social and Cultural Council of the African Union (ECOSOCC), which is a coalition of civil society in Africa said the international justice system was skewed against the African continent.

The position by the ECOSOCC dovetails with President Mugabe’s calls over the years for Africa to move out of the ICC since it only targeted African leaders.

ECOSSOC presiding officer, Dr Joseph Chilengi told the media here that Africa had given Western countries a deadline to respond to the position of Africa on the ICC, failure of which the continent would pull out en masse.

He said some of the allegations targeting African leaders among them Sudanese President, Omar al-Bashir were fabricated and aimed at settling political rather than judicial scores.

“There is now an attempt and Africa rejects that, to amend the Rome Statute so that the UN blue barrette (peacekeepers) must have the power to arrest our leaders when they are wanted by the ICC,” said Chilengi.

“Where is the sovereignty of our States? Understand Africa very well, we mean well for the continent, we mean well for this global community and we mean well in our actions to perpetuate special justice system in the region.”

Dr Chilengi said Africa would rather exit from the ICC than be subjected to unfair treatment by the West including countries that were non-members of the organ.

He said Africa had an exit strategy in place to ensure there is a working justice system in the continent.

“Our number one strategy is to have a regional court that has power to try international crimes so that any dissatisfaction at regional court then the ICC becomes an appellant court.

“Further, there are countries now whose courts have mechanisms to try international crimes. So if there is dissatisfaction at national level, then the regional court becomes an appellant court if not satisfied then the ICC becomes the last court. A perfect justice system is what we are looking for and that is what we stand for,” he said.

Dr Chilengi said the previous summit of the Heads of State and Government appointed an inter-ministerial committee to lobby for African position on the ICC the world over.

He said the continent would not backtrack on its demands that the committee is advising the world.

“They have been moving all over the world consulting and putting Africa’s position on how to strengthen the international justice system including the UN Security Council.

“We are giving time-limit and if we don’t get feedback, then we act on our own. One of the strategies is to withdraw but that is delegated to the sovereignty of the member states. There is a general agreement that we pull out but states using their sovereignty can begin their national action to withdraw.

“Our alternative is that we have the protocol to expand the powers of the jurisdiction of the African Court on Human and People’s Rights to include international crimes. Ratifications have began, our system requires the minimum of 15 states for it to take effect. That in itself provides an alternative avenue for Africa.

“Our argument is ‘uphold the universality of the ICC, then we are game, lets us not begin to introduce political provisions within the Rome Statutes, then we are game.

“The danger is that if there is an amendment to the Rome Statutes that the blue barrettes (peacekeepers) begin to arrest our leaders then the blue barrettes will not also be allowed in member states.

“My country, for example, cannot allow the blue barrettes because we don’t know their second agenda they are coming to do. The power to arrest within a State is a sovereignty of those States with its institutions. Unless they go first and arrest George Bush now, then we know that they are serious. But we know what their intentions are. They are targeting certain people,” said Dr Chilengi.

He said some countries were abusing the UN Security Council system to push their agendas that would not pass at the UN General Assembly.

Dr Chilengi said there were a lot of double standards by the West.

“How can the Security Council made up of America not a member and state party to the ICC, Russia not a member and state party to the ICC and all other countries who are not members be given prosecutorial right to refer a Head of State to the ICC?

“What kind of international justice system is that? This international justice system is constipated with a lot of nonsense that the consequences will come back to haunt us again,” he said.

Dr Chilengi said Africa must be left to pave its ways of addressing domestic problems without interference from the West.

He said the West were also opposed to attempts by the continent to stop aggression that has seen many developing countries destroyed by the West.

Faith Mutema Herald reporter
A Midlands State University student was yesterday fined $100 for possession of dagga.

Anesu Chido Nyamwanza (21) of Vainona, Harare, pleaded guilty before magistrate Mr Elijah Makomo.

Mr Makomo ordered Nyamwanza to pay the fine or risk spending one month in jail.

Prosecutor, Mrs Francisca Mukumbiri alleged that police were tipped off by a source that Nyamwanza was dealing in drugs at Beer Engine, Jameson Hotel, in Harare.

Police went to the hotel.

They searched Nyamwanza and found him in possession of 0,18 kg of dagga worth $18 and he was subsequently arrested.

Nyamwanza did not deny the charges saying he was in desperate need of money to fund his studies.

The court noted that he was a first offender and it also noted that Nyamwanza wanted to finish his studies.

Fungai Lupande Court Reporter
A Zimbabwe Newspapers Group Limited (Zimpapers) former accountant yesterday appeared in court for swindling the company of about $400 000.

Majahaodwa Dubihlela (41) appeared before Harare magistrate Mr Tendai Mahwe.

He is facing three counts of fraud and was remanded to July 22 on $500 bail. As part of his bail conditions, Dubihlela was ordered to report on Fridays at ZRP Bulawayo, to reside at his given address and not to interfere with State witnesses.

The complainant, Zimpapers is represented by its loss control manager Mr Pattson Katsande. The court heard that Dubihlela was an accountant based at Natprint (Pvt) Limited, a subsidiary of Zimpapers located in Southerton, Harare.

The prosecutor Mr Sebastian Mutizirwa alleged that between January and December 2014, Dubihlela connived with Evans Kariwo and Ladious Maphosa, who have since appeared in court and Nyasha Munorwei,who is on the run.

The quartet allegedly withdrew $407 746, 39 from Natprint cash account on the pretext of buying stock which included paper and board, litho ink, work in progress, photo film and machine oil.

It is alleged that Munorwei and Kariwo prepared journals which Dubihlela and Maphosa deliberately avoided approving.

The pair posted the entries to stock and cash accounts to make it appear as if cash withdrawn was used to buy the stock. The quartet shared the loot. The court heard that on February 19 last year, two cash vouchers numbered 150200047 and 1500042 of $267 were prepared by Dubihlela and Munorwei for payment to Africa Online.

Cash payment voucher of 1500042 was deposited into Africa Online’s MBCA bank account.

The remaining cash voucher was converted to personal use. On May 5 last year, Dubihlela and Munorwei prepared two cash requisitions of $373 for payment of William and Over (Pvt) Ltd.

Only one cash payment was done to William and Over (Pvt) Ltd while the other cash voucher was converted to personal use.

Zimpapers lost $408 386, 39 and nothing was recovered.

Chief Justice Godfrey Chidyausiku

Daniel Nemukuyu in Victoria Falls
Chief Justice Godfrey Chidyausiku yesterday commissioned a new magistrates’ court building in Victoria Falls.

The development is part of measures by Government to ensure access to justice by everyone in Zimbabwe.

The building, valued at $370 000, was constructed with financial assistance from the Royal Danish Embassy.

The Ministry of Local Government, Public Works and National Housing provided technical support. Two magistrates are stationed at Victoria Falls court, but there was only one courtroom and one office for the magistrates.

The two magistrates would take turns to preside over cases, a development that resulted in a backlog of cases. The clerk of court, accounting assistants, interpreters and typists were squashed in a tiny room.

JSC’s new state-of-the art structure has two air-conditioned courtrooms, two fully furnished magistrates’ offices, records room, help desk room, police post, and offices for prosecutors and the prison officers.

Officially opening the court yesterday, Chief Justice Chidyausiku hailed the Danish Embassy and the Ministry of Local Government, Public Works and National Housing for their support in the construction of the building.

“Together with DANIDA, the Ministry of Local Government has been with us right from the beginning, providing technical support. They drew the architectural designs of the buildings, identified contractors and adjudicated on the construction tenders and inspected the various stages of the building as a quality control measure.

“The Danish were brave enough to trust us, an arm of the State when the whole country was not only under sanctions but there was little, if any direct aid being given to the State. I wish to thank the Danish for that gesture. You trusted us and we in turn hopefully did not disappoint you in how we applied the aid that you gave us,” he said.

The Chief Justice said although the Danish Embassy aid was coming to an end, much ground had been covered in the construction of courts countrywide.

JSC, in partnership with DANIDA, is constructing 22 magistrate courts countrywide and more than 12 have been completed. Other courts are nearing completion while others await official opening.

Local Government, Public Works and National Housing Minister Saviour Kasukuwere, who attended the function, hailed JSC for the noble project.

“I would want to commend our partners in coming up with the structure and justice will now be delivered in a conducive environment and with the dignity of court officials,” he said.

Fungai Lupande Court Reporter
A 29-year-old man yesterday pleaded guilty to vexing a Steward Bank account holder at an automated teller machine before stealing $267 from his account.

Michael Phuzumadu admitted to theft charges when he appeared before Harare magistrate Mr Tendai Mahwe.

He was sent for community service vetting and will know his fate today.

The prosecutor, Mr Sebastian Mutizirwa told the court that Trymore Chinamira went to Steward Bank Eastgate Branch at the intersection of Robert Mugabe Road and Second Street in Harare looking for money.

Chinamira was approached by Phuzumadu, who pretended to know him and also appeared to be looking for money.

Later Phuzumadu told Chinamira that he received information that money was available at Steward Bank First Street branch in Harare. The pair proceeded to the First Street branch and Phuzumadu went to the ATM first.

He pretended as if he successfully withdrew money, prompting Chinamira to also try his luck.

He then inserted his card into the ATM but could not withdraw money because there was no cash. Phuzumadu advised him to try again and during that time he captured his pin number.

Again, Chinamira failed to withdraw the money and Phuzumadu blamed him for wrongly inserting the ATM card.

He asked to be given the card and swapped it with the one he had. Phuzumadu failed to withdraw the money and returned to Chinamira a blocked card which he failed to immediately notice.

While at Food World supermarket, Chinamira tried to swipe the card but was told it was blocked and dysfunctional.

He rushed to Steward Bank Eastgate branch and obtained a bank statement confirming that $267 had been withdrawn from his account.

He notified the bank manager and security guards.

The following day Chinamira spotted Phuzumadu sitting near Steward Bank Eastgate branch waylaying other account holders.

He reported the matter and Phuzumadu was apprehended.

Margaret Matibiri Herald Reporter
HARARE magistrate Mr Elijah Makomo yesterday acquitted a clearing agent of smuggling 95 boxes of dried fish worth over $130 000 into the country from South Africa.

Fungai Tom was found not guilty of contravening the Customs Act. He was discharged at the close of the State case.

This was after the State failed to prove its case beyond reasonable doubt. Tom had in his defence argued that he was a clearing agent and had been given the goods by one L Baloi of Kadoma.

He said he was unware the fish had been smuggled into the country. He said the State was supposed to prove to the court who smuggled the fish. Mr Makomo said the police should have arrested Baloi.

Police arrested Tom at the Harare International Airport following a tip off.

It was the State’s case that he intended to export the fish to China.

William Mutumanje

Tendai Rupapa Senior Court Reporter
Former Zanu-PF activist William Mutumanje, also known as Acie Lumumba, who is facing charges of undermining the authority of President Mugabe, wants his matter referred to the Constitutional Court following the dismissal of his application in which he was challenging placement on remand.

Lumumba’s application hit a brick wall after Harare provincial magistrate Mr Vakayi Chikwekwe ruled that there was no need to set aside the court proceedings saying the State can always seek the Prosecutor-General’s permission to prosecute.

He said the anomaly on the State’s part that formed the basis of Lumumba’s application could not warrant his removal from remand.

Mr Chikwekwe remanded the matter to Friday this week for trial commencement.

However, Lumumba’s lawyer Mr Arshiel Mugiya notified the court of his intentions to apply for referral of the matter to the Constitutional Court on the next remand date.

He argued that there are constitutional issues which needed to be determined by the apex court.

Lumumba made an application last week challenging his placement on remand on the basis that the Prosecutor-General did not authorise his prosecution.

Normally cases of this nature and that of insurgence and publishing or communicating falsehoods which are prejudicial to the State among others, require the express authority of the PG in terms of Section 34 of the Criminal Law (Codification and Reform) Act.

Lumumba argued that the letter, which authorised his placement on remand, was not authored by the PG.

“Your Worship, Section 34 of the Criminal Law (Codification and Reform) Act is clear that an accused person who is being charged for undermining the authority of the President, the authority of the Attorney-General, now the Prosecutor-General, must be sought,” he said.

The prosecutor Mr George Manokore assisted by Ms Lionella Chitanda, argued that there was a section which allows the PG to delegate his powers.

Mr Manokore said, “Your Worship, Section 6 (2) of the Criminal Procedure and Evidence Act empowers the PG to delegate his powers to any legal practitioner in his office.

“Also Section 11 of the Criminal Procedure and Evidence Act, which the defence is also basing on, talks of the local public prosecutor not the AG, hence the section is irrelevant to the application he is making,” he said.

It is the State’s case that on June 30, Lumumba, who was addressing people during the launch of his political party, said: “Mr President Robert Gabriel Mugabe, f*** you. I am drawing the red line, our kids are in trouble so it is a red line I know and my name is Lumumba, Lumumba Lumumba.”

Court Reporter
A dispute over the controlling stake in Augur Investments pitting two business tycoons, Messers Kenneth Sharpe and Edward Elio Galante, has been laid to rest after the parties hammered a settlement and avoided the legal processes.

Mr Sharpe, owner of Augur Investments was embroiled in a shareholding dispute running into millions of dollars with Mr Galante’s Emory Discretionary Trust.

Emory had approached the High Court seeking an order to protect the interests of shareholders in Augur Investments, which he was accusing of disposing its immovable property and shares to the detriment of the shareholders and creditors.

Following successful negotiations between the parties in an out-of-court settlement, Mr Galante has withdrawn all claims against Mr Sharpe, his businesses and family.

He filed a notice of withdrawal in the High Court on the matter which was still to be heard.

“Be pleased to take notice that pursuant to an agreement of settlement arrived at between the parties, the applicants hereby withdraw the application in the matter on the agreed basis that the parties will each bear their own costs,” read part of the notice filed in the High Court on June 17.

The dispute between the two spilled into the High Court two years ago. The Jersey-based Emory is the second largest shareholder in Mauritius-registered company Augur Investments, which is doing business in Zimbabwe.

Emory went to High Court in March 2014, seeking to compel Mr Sharpe, through one of his companies, Hemisphere Africa Limited, to buy its purported shareholding in Augur, in terms of a purported negotiated agreement.

But Mr Sharpe denied ever signing an agreement to buy the shareholding of Emory in Augur Investments and challenged Emory to produce a share certificate and shareholders agreement signed by all the parties.

He argued that Emory’s court action was inspired by malice and designed not only to scandalise him, but also to scuttle Augur Investments’ business opportunities in Zimbabwe after he refused to sign a manipulated shareholders agreement drawn up by Emory represented by Mr Galante.

The trust wanted the court to grant it an interdict to protect the interests of creditors and shareholders, preventing all the 15 respondents from “dealing in immovable properties and shares owned or controlled by them, whether by way of a sale, lease or in any way encumbering these properties”.

According to the court papers, Harare transferred various pieces of land to Augur Investments’ 11 nominee companies for close to $15 million as payment for the construction of the Joshua Mqabuko Nkomo Express Highway as at September 30, 2012.