Timothy Mubhawu

Fungai Lupande Court Reporter
Former MDC-T Mabvuku/Tafara MP, Timothy Mubhawu is mentally ill and has absconded medication, the court heard last week. The prosecutorMs Patience Chimusaruapplied to have Mubhawu examined by two medical practitioners to ascertain his mental status before his domestic violence trial opens. However, it was not clear for how long the former legislature suffered from the disease of the mind.

In her application, Ms Chimusaru said: “The State is proceeding in terms of Section 26 of the Mental Health Act, which gives power to the magistrate to order examination of the accused. “Subsection 2 (1) of the Act orders the accused to surrender himself for examination and treatment. The reason for the application is that at one point Mubhawu suffered from a mental illness and he was taking medication. It seems he absconded taking medication and this information was availed by his wife, who is the complainant in this matter.”

Ms Chimusaru added that she is of the view that Mubhawu’s coming in and out of court is caused by his condition. Mubhawu’s lawyer, Ms Concellia Maheya, consented to the application and undertook to take her client for examination and treatment.

The matter was postponed to August 4, pending Mubhawu’s results. Mubhawu (55) appeared before Harare magistrate Ms Nomsa Sabarauta and is accused of breaching a protection order.

Ms Chimusaru alleged that on May 24 this year, Mubhawu’s wife, Molleen Elizabeth, applied for a protection order. After two days, Mubhawu was served to attend court on June 21 but the couple did not show up.

It is alleged that on June 6, Molleen went back to the civil court and was given another court date, August 1. The court heard that on July 11, Molleen went to Rhodesville Police Station and reported that Mubhawu had chased her away from their matrimonial home. She is now staying with relatives.

On the same day, Mubhawu escorted their housemaid, Mupangai Tsamwa Chamapiwa, to report an assault charge against Molleen. Mubhawu was given protection order papers to sign, but he refused.

Happison Muchechetere

Fungai Lupande Court Reporter—
Former Zimbabwe Broadcasting Corporation chief executive Happison Muchechetere will stand trial on August 2, after the court last week quashed his second attempt to seek relief at the Constitutional Court. Muchechetere’s lawyer, Advocate Thabani Mpofu, withdrew their first constitutional application challenging the criminal proceedings but later made another application for referral to Constitutional Court.

In his ruling, magistrate Mr Noel Mupeiwa said: “The court is making this ruling without reference to the State’s response for the reason that accused made a Constitutional Court application, then withdrew the same application.

“There is no provision that once such an application is made and withdrawn, as in this case, the accused can make a second application. “I have noted that indeed Chris Mutangadura’s (chief law officer in the Attorney-General’s Office) response to the initial application was that the matters raised were not frivolous and vexatious but Section 175 (1) of the Constitution does not allow accused to make the same application before the same magistrate court.

“Therefore the application is dismissed.” Prosecuting, Mr Michael Reza advised the court that he was overwhelmed with work before postponing the matter to August 2 for trial. Mr Mupeiwa said he would be committed on that day and referred the matter to another court.

Muchechetere (64) is facing charges of contravening procurement procedures while he was head of the ZBC. 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.

Mr Reza alleged that on January 18, 2013 Muchechetere — without going to tender — entered into a procurement deal with a Chinese company to purchase an audio outside broadcasting van for $1 050 000.

On April 23 2013, he allegedly misrepresented to ZBC’s executive committee that $495 000 donated by BancABC was enough to purchase an audio van, a cargo van and a crew bus; and, the committee approved the purchase of the items using the said money.

The State alleged that Muchechetere did not disclose to the committee that he had already entered a deal for only one item, the OB van. The court heard that Muchechetere flew to China and signed an agreement for inspection of the van, which was never carried out by other members of the executive committee.

The OB van was delivered in August 2013 after BancABC released $100 000 to the Chinese company. The alleged crime was discovered after Muchechetere’s suspension in November last year when it was established that the OB van had a market value of $350 000, contrary to the $1 050 000 he had stated.

Fungai Lupande Court Reporter
Six men suspected to be among a group of 100 who allegedly attacked the Ministry of Local Government, Public Works and National Housing officials allocating residential stands to home-seekers in East View Phase 17 and Caledonia in Harare appeared in court yesterday.

They are Cosmas Maponda (31), Christopher Kuzakatika (19), Langton Kanyemba (20), Tichaona Chipendo (34), Tinashe Hatinahama (20) and Regis Madamombe (32).

The group appeared before Harare magistrate Mr Tendai Mahwe facing public violence charges and were remanded to August 25 on $100 bail each.

They told the court that they were assaulted by Mabvuku police officers who arrested them.

Prosecutor Mr Sebastian Mutizirwa was ordered to investigate the complaints.

It is alleged that on July 21, officials from the Ministry of Local Government, Public Works and National Housing were escorted by police to allocate land to desperate home seekers from Lot 1 to East View Phase 7.

The six were among 100 youths who besieged the place armed with knobkerries, stones and dogs.

After invading the relocation site, the group started assaulting Government officials and the home-seekers.

A Government official, Everest Nyamadzawo, and five home-seekers – Cephas Chari, Machokoto Chiura, Chester Nyika, Lazarus Mayor and Lazarus Belly – were injured.

A Government Mazda BT50 registration number ABD7772 was damaged on its windscreen, rear right window and bonnet.

The following day, the same housing team went to Caledonia Phase 17.

They were escorted by Mabvuku police officers and their officer-in-charge.

It is alleged that the accused regrouped and hurled stones at the team, resulting in the arrest of the six.

Thupeyo Muleya Beitbridge Bureau
A 23-year-old armed robber has been jailed for 14 years after he teamed up with two accomplices to rob taxi drivers using a pellet gun. Lee Roy Muleya is said to have partnered Pathutshedzo Emma Nguluvhe (25) and Fanuel Bako to unleash a reign of terror on taxi drivers.

Muleya was convicted on his own plea of guilty to three charges of armed robbery when he appeared before Western Division regional magistrate Mr Tranos Utawashe during a circuit court on Saturday.

Nguluvhe, who pleaded not guilty to the charges, was remanded in custody to August 5 for trial while Bako is still on the run.

Muleya was left with an effective 14 years to serve when Mr Utawashe conditionally suspended four years of his 18-year jail term for five years.

He had initially slapped him with six months’ imprisonment for each count.

Prosecuting, Mr Penson Chekeya told the court that on June 23, the trio, armed with a Macoy pellet pistol, hired one Naison Mubaiwa, who is taxi driver, and directed him to a lodge along Bulawayo Road.

He said along the way, they robbed him of $18 at gunpoint and disappeared.

Mr Chekeya said the trio hired Shingirayi Magorimbo again and requested his phone number on the understanding that he would pick them later from a local hotel.

The court further heard that later that day, the trio called Magorimbo from one of their cellphones.

Mr Chekeya said the complainant went to pick up the trio as per the prior arrangement in the company of his wife.

They then told him to leave his wife at the hotel and robbed him of his car, $20, R120 and two mobile phones at gunpoint as soon as they left the hotel.

He said the trio drove the car to Lutumba Business Centre where they dumped it.

Mr Chekeya said the accused persons also used the same modus operandi on July 6 when they pounced on Shepherd Zira and stole R35 before driving away in his Toyota Raum.

They later dumped the car along Masvingo Road.

All the cases were reported to the police leading to the arrest of Muleya and Nguluvhe when police detectives tracked them through the phone they had used to call Magorimbo.

The pistol was recovered from Muleya’s house in Dulibadzimu suburb.

Midlands Correspondent
A self-proclaimed prophet of the Johanne Masowe weChishanu apostolic sect in Kwekwe has been slapped with a 36-year jail term after he raped and infected a congregant with HIV.

Wellington Gase (36) of Torwood, Redcliff, infected his victim with HIV after he raped her instead of giving her spiritual healing.

He pleaded not guilty when he appeared before Gokwe-Kwekwe regional magistrate Mr Amos Mbobo.

He was facing three counts of rape.

Gase was convicted and sentenced to 36 years.

Six years were suspended on condition of good behaviour.

In passing sentence, Mr Mbobo said the court took into consideration that cases of sexual abuse of children were rampant and only a stiffer sentence would send a message to would-be offenders.

Prosecutor Ms Mary Chapinda told the court that on January 12 this year, Gase was approached by the complainant’s mother after she suffered from continuous menstrual cycle.

He promised to perform healing sessions for three days.

Ms Chapinda said the mother agreed to leave the girl in Gase’s custody.

Gase raped the complaint on three occasions.

This was after he threatened to bewitch the girl’s mother and other relatives if she refused to be intimate with him.

Gase also threatened the victim, forcing her not to report the matter.

The girl reported the abuse to her mother on January 21, leading to Gase’s arrest.

A medical report was produced in court and it showed the victim was HIV positive.

Meanwhile, another prophet allegedly raped a 17-year-old congregant during a church service, writes Fungai Lupande.

Jameson Denhere (39) appeared before Harare magistrate Mr Tendai Mahwe yesterday charged with rape.

He was remanded in custody and advised to seek bail at the High Court.

Prosecuting, Mr Sebastian Mutizirwa alleged that Denhere, of Nyakudya Village under Chief Chinamhora, attended a church service with the complainant.

He started praying for people some distance from the congregation.

Denhere allegedly grabbed the complainant when it was her turn for prayers and had anal sex with her against her will.

The court heard that the complainant screamed for help, but no one came to her rescue.

After the sexual assault Denhere freed the complainant and ordered her to join other congregants.

She revealed the matter to one Linda Murwira who alerted church leaders.

Upon interrogation by church leaders Denhere admitted to fondling the girl, but denied raping her.

The complainant later fell sick and was taken to hospital where the abuse was confirmed.

Denhere was arrested.

Prosper Dembedza Court Correspondent
A Harare man fatally stabbed his friend with a kitchen knife following a heated argument over 25 cents, the court heard yesterday. Tatenda Kapikinya (29) of Eastview Phase 4 was charged with murder when he appeared before magistrate Mr Tendai Mahwe.

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

The State, led by Mr Sebastian Mutizirwa, alleged that on July 23 the deceased had a misunderstanding with Kapikinya, who became violent after he had asked for his 25 cents.

The court heard that Kapikinya grabbed a kitchen knife and stabbed the now deceased in the stomach.

It is alleged that the deceased sustained a deep cut on the stomach exposing his intestines. The court heard that he was rushed to Parirenyatwa Group of Hospitals where he was pronounced dead on arrival.

Meanwhile, a Harare man is battling for his life at Parirenyatwa after he was stoned by his colleague for refusing to give him a cigarette.

Lovemore Kanyi (19) was facing assault charges when he appeared in the same court.

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

Prosecutor Mr Mutizirwa had earlier on opposed bail arguing that the victim was still admitted in hospital.

Allegations are that on July 16 at around 5pm at Parirenyatwa Group of Hospitals, the complainant was approached by Kanyi who asked for a cigarette.

The court heard that the complainant told Kanyi that he had no cigarettes. It is alleged that this infuriated Kanyi who started assaulting the complainant using a wooden log.

It is alleged that Kanyi picked stones and started stoning the complainant who sustained a fractured right arm and injuries to the head.

Mr Warara

Tendai Rupapa Senior Court Reporter
The Prosecutor-General’s Office is still to respond to the application for legal costs incurred in the private prosecution of former Bikita West legislator Munyaradzi Kereke despite having been served with an order from the court directing them to do so last week.

Mr Charles Warara made the application last Tuesday in terms of Section 22 of the Criminal Procedure and Evidence Act and in his application, he wants the court to consider the costs either against the PG’s Office or Kereke.

Mr Warara urged the court to grant the costs on a higher scale.

According to the section, the court might consider ordering the costs against the accused person or the PG’s Office.

Kereke wants the PG’s Office to pay the costs on the basis that he was not responsible for the refusal by that office to publicly prosecute him.

After hearing submissions from both counsels, regional magistrate Mr Noel Mupeiwa said since there was a possibility that the PG’s Office would be ordered to pay the costs, there was need for a response from the PG’s Office.

He then remanded the matter to yesterday to allow the PG’s Office to respond.

However, by yesterday the PG’s Office had not responded.

Mr Mupeiwa gave them more time and further postponed the matter to next Monday, adding that if they did not file their response before that date, he would give his ruling.

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

His lawyer, Mr Marshal Hondo Chitsanga, said there was no reason why the PG should not be ordered to meet the costs.

He said his client was neither the one who barred his prosecution nor the one who runs the PG’s office.

“The prosecution should show good cause why the PG should not be burdened by such costs,” he said.

“The court, in its judgment, clearly stated that the convicted person did not act unlawfully when he was not publicly prosecuted. The decision to decline prosecution was made by the PG ,not our client. He could not have possibly attended trial after the PG, who has authority, had declined his prosecution,” he said.

Mr Chitsanga said there was no evidence which was led to show that Kereke influenced the PG’s decision not to prosecute him.

“Your Worship, in fact my client wanted the proceedings to come to finality,” he said.

In his application, Mr Warara said: “If the court was to order costs against the PG’s Office, the court must take into consideration the conduct of the PG. It was not a simple matter. It took years for the PG to react. It took a lot of time for the convicted person to be brought to book and a lot of effort for justice to finally take place. The PG’s conduct, which he displayed, left a lot to be desired.”

He added: “Kereke was the beneficiary of the misconduct by the PG to defy justice and if it was not for the apex court, he would be roaming freely in the streets. The court should order him or the PG’s Office to pay the costs and the costs must be punitive.”

Mr Mupeiwa sentenced Kereke to 14 years imprisonment for raping his then 11-year-old niece six years ago, but set aside four years for five years on condition he does not commit a similar offence within that period.

Fidelis Munyoro Chief Court Reporter
In a new twist to the case of former Bikita West Member of Parliament Munyaradzi Kereke, the private prosecution is appealing against the 14-year imprisonment imposed on the former legislator arguing that it was lenient.

Through the private prosecutor, Mr Charles Warara, the victim’s guardian Mr Francis Maramwidze yesterday filed a notice for leave against the sentence in the High Court.

The cross-appeal comes after Kereke last week filed an appeal against both conviction and sentence at the High Court.

Mr Maramwidze argues that the sentence imposed on Kereke was inadequate to meet the justice of the crime.

He wants the sentence set aside and substituted with a 20-year term of imprisonment.

Kereke was jailed for raping his then 11-year-old niece at gunpoint six years ago.

According to Mr Maramwidze’s notice and grounds of cross-appeal, the lower court erred at law in failing to take into consideration the aggravating circumstances that are provided for in Section 65 (2) of the Criminal Law Codification and Reform Act (Chapter 9:23).

He listed several findings of fact that were made by the court that were aggravatory to Kereke.

Mr Maramwidze says the complainant was a minor when she was raped.

A weapon, he says, was used in the commission of the offence.

Mr Maramwidze also says Kereke was a close relative of the victim and had unprotected sex during the rape.

“In light of the findings of fact made by the court and the nature of the charge, I respectfully contend that the sentence imposed by the court a quo is inadequate,” says Mr Maramwidze.

In this case, he says, it would be appropriate for Kereke to be sentenced to 20 years imprisonment with four years suspended on condition of good behaviour. Last week Kereke approached the higher court challenging both conviction and sentence.

He argues that the lower court grossly misdirected itself in turning a blind eye to the inconsistencies in the prosecution evidence.

Kereke says the sentence imposed on him was excessive and wants it to be reduced to less than two years.

Walter Nyamukondiwa Chinhoyi Bureau
A Chinhoyi security guard indecently assaulted at least 10 boys aged between nine and 12 years mostly after showing them pornographic material. It is alleged that Chenjerai Mairosi, 38, of Hunyani Section suburb in Chinhoyi would lure victims who mostly included neighbours into his house before showing them pornographic videos. He would later sexually abuse the boys. Preliminary findings according to sources show that penetration was effected on all 10 boys.

By yesterday, some parents were still coming forward with their children who allege sexual abuse at some stage. Commonly referred to as “sekuru” by the children, Mairosi allegedly took advantage of his closeness to the children to abuse them and camouflage any form of misdemeanour.

“The boys were taken for medical examination today (yesterday) and findings are that all of them were indecently assaulted in an aggravated way. In fact penetration was seen to have been effected on all of them,” said a source.

The abuse came to light after a nine-year-old boy started complaining to his mother about pain in the back leading to her carrying out investigations. This led to the discovery that the boy was also having difficulties passing stool and a report was made to Chemagamba Police Station opening an avalanche of other reports. Police widened their investigations leading to Mairosi’s arrest on Monday.

Intricate details of how Mairosi went about abusing the boys are still emerging. He is expected to appear in court today facing several counts of aggravated indecent assault. Investigations have shown that Mairosi is a recently promoted corporal with a local security company who lost his wife about three years ago.

He has not remarried and people in the community confirmed his affinity for children. No official comment could be obtained from the police.

From Noah Pito in Hurungwe
Three policemen based at the Minerals and Border Control Unit in Chinhoyi were arrested in Karoi last week after they allegedly demanded $430 from a businessman they accused of selling South African goods without import permits. Josphat Kagande (37), Wilbert Marawanyika (32) and Innocent Mhandu have since appeared before Karoi magistrate Mr Obedience Matare facing criminal abuse of duty as public officers.

The three were released on $50 bail each and remanded to August 3.

It is alleged that on July 17 while manning a roadblock at the 204km peg along the Harare-Chirundu Highway, Mhandu stopped a lorry with 100 boxes of Britelight soap belonging to Magunje shop owner, Valentine Bayela.

Mhandu, who identified himself to the driver, Shepherd Mudimu, as a detective based at CID Chinhoyi, demanded to see Mudimu’s drivers licence and receipts for the boxes of soap.

When Mudimu indicated that he had no receipts as he had just been assigned by his employer to take the goods to his shops in Magunje, Mhandu allegedly arrested him and ordered him to lead them to the shop in Chikangwe township, where he had collected the soap.

Mudimu and the three officers travelled to Chikangwe aboard a silver Mercedes Benz driven by Marawanyika. In Chikangwe the officers introduced themselves to the owner of Maunganidze Store, Maxwell Mukoshori whom they told that they wanted to verify the source of goods in Mudimu’s vehicle.

Although Mukoshori told the three officers that he had bought the goods from a Harare wholesale and not South Africa, Kagande allegedly threatened to arrest him and confiscate the goods for seizure by the Zimbabwe Revenue Authority in Chinhoyi. To drop the charges, the three allegedly demanded $400 plus an extra $30 to drop several traffic offences against Mudimu.

It is alleged the next day the three officers came back to Chikangwe township targeting Maregere Supermarket where they also demanded import permits for South African products. The three were represented by Mr Samuel Muemeki.

Tendai Rupapa Senior Court Reporter
A 16-year-old maid scalded her lover’s wife with cooking oil after she confronted her over the illicit affair. The victim’s husband is a brother to the maid’s employer. The teenage girl (name withheld) appeared before Mr Temba Kuwanda charged with attempted murder. She denied the charges, but was convicted after a full trial due to overwhelming evidence.Mr Kuwanda sentenced her to three years in prison but set aside 18 months on condition of good behaviour.

The remaining 18 months were further suspended on condition that she performs the 525 hours of community service. In addition, Mr Kuwanda ordered her to go for a counselling sessions for a week. The court warned her against dating married men.

“I want to warn you, stay away from married men; you are still very young. Look after yourself, find your own man and get married,” Mr Kuwanda said. “Stop chasing after these old men and fighting with their wives, be disciplined. What you did was uncalled for.” In assessing the appropriate punishment, Mr Kuwanda said he took into account that the accused was a youthful first offender.

“Youthfulness is accompanied by mischievous deeds, associated with immaturity. I have given you an option to perform community service considering your age. However, it is the duty of the court to maintain law and order. You also need counselling so that you can reform,” he said.

The prosecutor Ms Rufaro Mhandu proved that on June 14 the teenage girl was confronted by her lover’s mother who warned her against having an affair with her son. The woman then informed her daughter-in-law Louis Mawanza of the illicit affair.

Later that day, Mawanza followed the girl to her house and confronted her about the affair she was having with her husband.

An altercation ensued which was resolved by the girl’s employer and Mawanza went back to her house. As she was about to get into her yard, she realised that her husband’s lover was running towards her holding a pot. Before Mawanza could ask why she was running to her, the girl suddenly poured the hot cooking oil on her face. Mawanza sustained serious burns and was rushed to hospital.

Faith Mutema Herald Reporter
A Harare woman reportedly assaults her former husband for infecting her with HIV, a civil court has heard. The woman allegedly harasses her ex-husband and his second wife over the treatment of their positive nine-year-old daughter. The man, who was seeking a protection order against his ex-wife over alleged threats to disfigure him and throw him out of their Glen View home, told magistrate Mr Trevor Nyatsanza that she abuses him each time she visits.

“At one point I even slept in the toilet because she was denying me access to the house,” he said, adding, “I am now living in fear as she promised to fix and harm me.” He also told the court that the abuses started over issues about having their nine-year-old daughter on HIV treatment.

He alleged that his ex-wife was in the habit of squandering all the money he sends for their daughter’s medical treatment. He told the court that he had to relocate from Rugare to Glen View because her threats and assaults that were becoming serious.

The woman refuted the allegations and told the court that he was denying the child access to medical treatment, saying that she should go to an Apostolic Sect to seek healing. “I never harassed him or his wife, we just argued over the welfare of the child because he had cut all of her medication saying that I should take her to his apostolic church,” she said.

Mr Nyatsanza ordered the woman to stop abusing her ex-husband in any way and that they solve their daughter’s issues amicably.

Johannes Tomana

Fidelis Munyoro Chief Court Reporter
Suspended Prosecutor-General Johannes Tomana’s lawyer has implored the High Court to censure a Harare magistrate for allegedly making “blatant irregularities” when he decided the issue of bail on the fresh charges of criminal abuse of office. The magistrate Mr Tendai Mahwe allegedly granted Tomana $2 000 bail and ordered him to surrender property worth $250 000 as surety, among other stringent bail conditions.

The magistrate allegedly did this without hearing submissions from both the defence and prosecution counsels. Mr Tazorora Musarurwa of Mambosasa Legal Practitioners who is seeking to quash the decision said Tomana was already on bail on three similar charges, hence there was no need to burden him with another bail condition.

“There will be nothing wrong in censuring the magistrate as such blatant irregularities cannot be allowed to exist at such a time when all efforts are being made in improving the quality of justice in this country,” said Mr Musarurwa in his appeal papers.

The appeal hearing has been set for tomorrow in the High Court. Advocate Thabani Mpofu is set to lead the defence team. Mr Musarurwa said the magistrate erred in making a ruling without the benefit of any submissions from Tomana’s counsel. “This is a clear violation of basic rules of natural justice which demand that one must be given an opportunity to be heard before a decision affecting rights is made,” said Mr Musarurwa.

He said the manner in which the proceedings were conducted by the lower court were grossly irregular and demanded that the entire proceedings be set aside. “It must be particularly noted that the trial magistrate took it upon himself to insist on issues that were not requested by the State and that were never argued by the parties,” he said.

“For instance, it is not clear where the figure of US$250 000 as surety was taken from. “There is no other way this court can remedy such gross irregularities other than setting aside the bail proceedings, returning the money paid and securities lodged and cancelling all other conditions.”

Tomana appeared in court on July 11 facing five fresh charges of criminal abuse of office. Earlier this year, Tomana was also freed on $1 000 bail following his arrest on allegations of abusing office. He was accused of releasing suspects that allegedly intended to bomb President Mugabe’s business premises in Mazowe.

Prosper Dembedza Court Correspondent
A Harare prophet raped a woman at his shrine claiming he wanted to remove goblins in her stomach with his manhood, the court heard yesterday. Blessing Machowa (26) was facing rape charges when he appeared before magistrate Mr Tendai Mahwe and was remanded in custody to August 2 after being advised to apply for bail at the High Court. Allegations are that on June 3, Machowa called the complainant (20) on her mobile phone telling her to visit his shrine with red pepper, a blue pen, razor, needle and plain paper so that he could remove evil spirits which needed to be cleansed. The complainant complied and went to the shrine where Machowa told her that he had seen some goblins inside her stomach which were put by her brother.

The court heard that Machowa told the complainant that he wanted to remove the goblins using his manhood but the complainant refused. It is alleged that he grabbed the complainant who was kneeling and raped her before telling her that she was going to be killed by the goblins if she revealed the matter to anyone.

It is the State’s case that due to fear of death, the complainant did not disclose the matter to anyone until she skipped her menstrual period. The court heard that the complainant told Machowa about it and he said it was only foam in her stomach. The accused person, the court heard, went on to tell the complainant that the foam would cause her stomach to grow bigger and that she should not worry since she was not pregnant.

Acie Lumumba

Court Reporter
Former zanu-pf activist William Mutumanje, also known as Acie Lumumba, who is facing charges of undermining the authority of President Mugabe, has engaged Advocate Nelson Chamisa to represent him. Lumumba was yesterday back in court for continuation of his application for referral of the matter to the Constitutional Court. Advocate Chamisa notified the court that he was now taking over the matter from Mr Arshiel Mugiya.

He then sought a postponement of the matter on the basis that he needed time to peruse the record. “Your Worship we are seeking a postponement of this matter on account of developments that have taken place,” he said. “The application for postponement involves constitutional rights, the rights to a fair trial which the accused is entitled to.

“My client is entitled to choose a legal practitioner of his choice. Since I am now the one representing him, I am seeking a postponement of the matter so that I go through the record and Your Worship two weeks would suffice.”

The prosecutor Mr Oscar Madhume rejected the two-week period and proposed that the perusal of the record be done in three days. However, Harare provincial magistrate Mr Vakayi Chikwekwe gave the defence seven days and remanded the matter to August 2.

Lumumba wants his matter referred to the Constitutional Court following the dismissal of his application challenging placement on remand. He said his constitutional rights as enshrined in the Constitution were being infringed.

“The Constitution that empowers the State to put me where I am today is the same Constitution that protects my freedom of speech and expression. The same Constitution allows me to be a citizen of this country who can disapprove of a person who I believe works for me.

“Yes my constitutional rights as enshrined in the Constitution are being infringed,” he said. It is the State’s case that on June 30 Lumumba who was addressing people during the launch of his political party used the F-word to insult President Mugabe.

Crime Reporter—
A Zimbabwean woman has been arrested at Cape Town International Airport after she was found in possession of illicit drugs worth over R1,8 million stashed in her luggage. According to the South African Police Services (SAPS) website, the woman, aged 27, from Hillbrow was arrested on Saturday morning on a flight from OR Tambo International Airport.

“This (Saturday) morning members from Border Police based at Cape Town International Airport arrested a Zimbabwean woman from Hillbrow, Johannesburg, after she landed in Cape Town at 10am on a flight from OR Tambo International Airport,” SAPS said.

“After passengers had collected their luggage from the carousel the Border Police members conducted random searches. Members found 8,1 kg of Tik with an estimated street value of R1, 822 million in the woman’s suitcase. She is due to appear in the Bellville Magistrates Court on drug related charges.” Tik is a South African nickname for the drug methamphetamine and it is an illegal drug in the same class as cocaine and other dangerous street drugs

Methamphetamine is a white crystalline drug that people take by inhaling through the nose, smoking it or injecting it with a needle. Some even take it orally but all develop a strong desire to continue using it because the drug creates a false sense of happiness and well-being — a rush (strong feeling) of confidence, hyper-activeness and energy. One also experiences decreased appetite. These drug effects generally last from six to eight hours but can last up to 24 hours.

The first experience might involve some pleasure but from the start methamphetamine begins to destroy the user’s life. In January last year South African police arrested two women, a Zimbabwean and one from Lesotho, for attempting to smuggle 28kg of illicit drugs worth R8 million (almost $800 000) into that country through Beitbridge Border Post.

Memory Mapurisa (39) (Zimbabwean) and Vuyiswa Mabaso (23) (from Lesotho) were intercepted by a patrol team comprising customs and police officers on a Sunday night. Mapurisa was found with 18kg of ephedrine while her accomplice, Mabaso had 10kg of the same drug. Ephedrine is “a precursor chemical that can be used to make amphetamine-type substances such as heroin.”

The suspects were arrested while walking across the bridge from Zimbabwe into South Africa after they were stopped and searched by members from the South African Revenue Services who found the drug-like substance.

The smuggling of drugs, explosives and cigarettes has become rife at the border between Zimbabwe and South Africa, a situation that has forced authorities from both countries to scale up joint patrols. Last year South African authorities intercepted 80kg of cocaine worth R23 million that was about to be smuggled into that country in a haulage truck.

Tendai Rupapa Senior Court Reporter
A 20-YEAR-OLD man was yesterday jailed for three years for axing and attempting to rob a taxi driver he had hired. Blessing Mukanda of Mukarati Village, Wedza, hired Joseph Mutonhodza from town on the pretext that he was going to Mabelreign. He sat in the back seat. Along the way, Mukanda withdrew an axe and struck the unsuspecting Mutonhodza. The taxi driver was seriously injured.

Mukanda was convicted of attempted murder by regional magistrate Mr Noel Mupeiwa. He was sentenced to six years in jail. Three years were set aside for five years on condition he does not commit a similar offence within that period.

In aggravation, the prosecutor Mr Michael Reza proposed 20 years. He said Mukanda’s intention was to kill.

“The convicted person was on a crime committing spree on that evening considering the weapon he was in possession of. When he jumped out of the vehicle he left a bag full of clothes the origins of which he failed to explain in court, so he must have stolen them,” he said.

“He even throttled him when he realised that he was not dead, Your Worship. It is clear that he wanted to kill the complainant. He deserves 20 years in prison.”

On May 4 at around 9pm Mukanda hired Mutonhodza from the city intending to go to Mabelreign.

When they reached Sentosa, Mukanda ordered Mutonhodza to slow down. He suddenly withdrew an axe and struck Mutonhodza at the back of his head.

Mutonhodza tried to fight back but was strangled and punched.

He lost his front teeth.

Mutonhodza managed to press the horn with his foot. This attracted police who were on patrol in the area.

Mukanda jumped out through the window and disappeared in the dark. He accidentally dropped a national identity card in the car. Police used the identity card to trace him.

Margaret Matibiri Herald Reporter
An unlicensed commuter omnibus driver allegedly drove against traffic in Harare and caused an accident which killed one of his passengers and seriously injured four others. After the accident, which occurred during peak hour, Alfred Chimusuku (25) fled the scene leaving the passengers trapped. Chimusuku yesterday appeared before Harare magistrate Mr Tendai Mahwe charged with two counts of culpable homicide and negligent driving.

He was remanded in custody to today for bail ruling. Prosecuting, Mr Sebastian Mutizirwa opposed bail on the basis that Chimusuku was facing a serious offence.

He said Chimusuku failed to show his identification card to the police, hence he was likely to abscond. He added that Chimusuku was of no fixed aboard, therefore granting him bail would not be in the interest of justice.

It is the State’s case that on July 25 at around 4pm, Chimusuku who was driving along Enterprise Road, tried to overtake other vehicles before switching lanes. He then drove along the lane with oncoming cars resulting in his vehicle colliding with another car.

One of the passengers died on the spot while four others were seriously injured. Chimusuku fled the scene and a motorist who witnessed the accident, gave chase and apprehended him before handing him over to the police.

Fidelis Munyoro Chief Court Reporter
Vansburg Drumgold (Pvt) Ltd has been ordered to stop all mining operations at Drundrum Mine in Zhombe pending a determination of the dispute. Last week the mine hit headlines following reports that hundreds of illegal gold panners had besieged the mine in search of the precious mineral. This followed reports that 63kg of gold worth $2,6 million had been mined in three days, sparking a gold rush to the Midlands Province.

Mr Milton Marufu, the owner of the mining claim, sought an interim order against Vansburg Drumgold at the Bulawayo High Court on Monday to stop all mining activities at the site until the wrangles over exploitation of the mineral were resolved.

He also cited Officer Commanding Police Border Control Unit, Ministry of Mines and Mining Development, Provincial Mining Director Midlands and Fidelity Printers and Refiners as other respondents.

Justice Martin Makonese granted the application brought on a certificate of urgency and stopped all mining activities at the mine.

“First respondent (Vansburg Drumgold) be and is hereby ordered to stop all mining operations at Drundrum Mine registered under certificate of registration number 29763 situated at Zhombe, Midlands Province,” said Justice Makonese.

“The first respondent be interdicted from accessing any proceeds thereof derived from the sale of gold deposited with fifth respondent (Fidelity Printers and Refiners) pending determination of this matter.”

Vansburg Drumgold was ordered to pay the costs of the suit.

Vansburg Drumgold has 14 days to show cause why the interim order granted to Mr Marufu cannot be confirmed as a the final order.

It also has to prove a prima facie case to turn the balance of convenience in its favour.

Drundrum Mine, which is located in Summerview, Zhombe, belongs to Mr Marufu, who has been kicked out of the claim. He was booted out of the claim by Vansburg Drumgold, fronted by one Shepherd Tundiya.

There is now heavy machinery on site. Mr Marufu was allocated the claim on December 13, 2013, with licence number 023960AA.

Prior to going to court Mr Marufu wrote to Fidelity Printers, Kwekwe, imploring them to withhold payment to Vansburg Drumgold.