Daniel Nemukuyu Senior Reporter
ZIMBABWE Ezekiel Guti University this week got the green light to enrol law students after the Council for Legal Education found that the institution’s law school meets the required standards. ZEGU applied for authority to establish a faculty of law and to offer the Bachelor of Law Honours Degree. After assessing the institution, the Council for Legal Education resolved that ZEGU meets the expected standards and that it must proceed to run its law degree programme.

In a letter to ZEGU’s Dean of Law Mr Caleb Mucheche, the Council approved the application.

“On behalf of the Council for Legal Education, I write to advise that the council has approved the application by the Zimbabwe Ezekiel Guti University to establish a Faculty of Law and to offer the Bachelor of Laws Honours Degree,” reads part of the letter authored by the council’s secretary Mr Innocent Mawire.

The approval, Mr Mawire said, was subject to the university complying with the requirements of the council.

“Kindly note that the council will be closely monitoring the developments at the faculty with a view to ensure that standards are maintained as the designation of the degree for purposes of registration and admission to practice as a legal practitioner will only be granted during the final year of the first intake to the programme,” reads the letter.

The council hailed ZEGU for its initiatives that are expected to benefit the nation at large.

“May I take this opportunity to congratulate the university for taking this initiative to establish a Faculty of Law, which unassailably is quite a crucial decision as it helps in broadening the frontiers of legal knowledge and education in the country.

“There is no doubt that the nation stands to benefit immensely from the programme as more people will be trained in law thereby increasing a pool of legal skills in Zimbabwe,” Mr Mawire said.

The Herald understands that the university will soon advertise for the enrolment of its first intake to commence studies next month.

The pioneer intake will start with at least 18 law students who will complete the programme in five years.

Walter Nyamukondiwa Chinhoyi Bureau—
A Chinhoyi security guard, who is facing allegations of indecently assaulting 10 boys aged between nine and 12 years, lured them with a bicycle, cellphone and money, details have emerged. Once they got into his house, Chenjerai Mairosi (38) who was commonly known as “Sekuru” (uncle) to children in the Brundish neighbourhood would first isolate his target by sending others out for various errands.

These included buying groceries and video discs. The remaining child would be chained and sometimes handcuffed before being gagged with a blue tie. He would play pornographic videos before abusing them. After he had finished abusing the boys, he would give them amounts ranging from 10 cents to $1.

One of the boys who got money after being abused later started demanding money every time he felt he needed to buy snacks commonly known as “jiggies”. It was after this incident that Mairosi who worked for Cobra Security, allegedly started threatening his victims with death if they revealed the incident to anyone.

Mairosi appeared before Chinhoyi magistrate Miss Brenda Dhliwayo yesterday and was released after she ruled that he was detained by the police for more than 48 hours in contravention of the Constitution.

Defence lawyer Mr Kudzai Choga of Choga and Associates raised constitutional issues to the court after noting that Mairosi was only brought to court yesterday, more than 48 hours after his arrest on Sunday.

“We apply to this honourable court for our client to be immediately released in line with provisions of Section 50(2) and (3) of the Constitution after he was detained for more than 48 hours for reasons best known by the police,” said Mr Choga.

The Constitution allows for detention of suspects of no more than 48 unless an extension has been granted by competent court. Prosecuting, Mr Rummage Isaac did not object to Mairosi being removed from remand saying only the police can answer why they brought the accused late to court.

Miss Dhliwayo ruled that the detention beyond the 48 hour stipulated period was unlawful and the court had no choice but to release Mairosi unconditionally. Mairosi is facing 10 counts of aggravated indecent assault as defined in sections of the Criminal Law (Codification and Reform) Act.

Allegations against Mairosi are that from a period extending from January and a day before his arrest on July 23, he would variously lure the boys and abuse them. The children he abused were from grade 1 to three at various schools in Chinhoyi.

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 the floodgates of other reports.

Mr Prince Mupazviriho

Lovemore Chikova in BEIJING, China
Government and Sino-Hydro of China yesterday signed a $600 million agreement for the construction of Kunzvi-Musami Dam, while NetOne clinched a deal with Huawei Technologies Co Ltd for it to overhaul its systems.

Secretary for Water and Climate Mr Prince Mupazviriho signed the agreement with Sino-Hydro.

The NetOne deal, which sources said was worth hundreds of thousands of dollars, was signed by acting chief executive officer Mr Brian Mutandiro.

The deals were signed at a seminar on China-Africa Business Cooperation attended by over 400 representatives of business from China and Africa.

Speaking after signing the deal with Sino-Hydro officials, Mr Mupazviriho said construction of the long-awaited Kunzvi-Musami Dam should begin early next year.

“This investment agreement includes construction of the pipeline from the dam to where we are going to build the water treatment plant,” he said.

“We see it as a major milestone towards addressing the shortage of water in the Greater Harare area. I hope that by the 1st of April 2017 we should be doing the construction.”

Greater Harare covers Ruwa, Epworth, Chitungwiza, Norton and the new city in Mt Hampden, which feed on water supplied by Harare.

“In the absence of devastating climate change effects, the dam will also go a long way in terms of harnessing water for future use,” said Mr Mupazviriho.

“This is the first phase of the project and its worth around $600 million.”

The Kunzvi-Musami Dam project, 67 kilometres north-east of Harare on Nyaguwi River, was mooted more than 30 years ago, but lack of funds forestalled construction.

For his part, Mr Mutandiro said the NetOne deal should result in firm adapting new technologies and construction of more than 3 000 network base stations.

He said the deal would be the third phase of the firm’s mobile broadband network expansion.

“It will take NetOne to another level to make us the biggest network provider with 100 percent national coverage,” said Mr Mutandiro.

“It will come with the current technology of 4.5G. Some are already migrating from 4G to 4.5G and it will keep NetOne current and relevant and will make us very pivotal in transforming the country through ICT with all these ICT platforms, and we are very excited.”

Mr Mutandiro said the Ministry of Finance and Economic Development would now start working on guarantees and the necessary paperwork.

“Right now, we do not want to talk about the finances, but it’s a mega project and obviously we want the Ministry of Finance to do the extra processes,” he said.

“This is monumental and it’s one of five projects selected throughout the whole of Africa. Usually, these are huge projects and they will have a gestation period of about 18 months.”

Mr Mutandiro said they would work with authorities like the Harare City Council to create smart cities in their management by applying new technologies.

Coordinators of projects being undertaken by the Chinese government from almost all African countries will also meet today to review progress on such deals.

Zimbabwe will be represented by Macro Economic Planning and Investments Promotion Minister Obert Mpofu.

Minister Mpofu, together with representatives of other African governments, was yesterday introduced to Chinese Vice President Mr Li Yuanchao.

Court Correspondent
A 31-year-old Chitungwiza traditional healer recently appeared in court on allegations of stealing three vehicles from unsuspecting clients.

The three cars were valued at $12 600.

Blessing Makuyana was facing three counts – two of theft of motor vehicles and one of theft of trust property – when he appeared before magistrate Mr Tendai Mahwe.

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

Allegations are that on November 21 last year, the complainant was driving his car from Bindura to Harare and while at Showground Bus Stop in Bindura, he offered transport to Makuyana and three other passengers.

The court heard that the other three passengers disembarked from the car and Makuyana remained inside. It is alleged that he introduced himself as a traditional healer to the complainant before asking him to accompany him to Budiriro where he wanted to perform some cleansing services.

It is alleged that upon arrival, Makuyana saw his clients and promised to perform the cleansing service the following day and as a result, he slept with the complainant at a lodge.

The following day, Makuyana, it is alleged, started his cleansing services and told the complainant that he wanted some items from his car so that he could finish the process.

The court heard that the complainant gave Makuyana his car keys and remained in the room. It is alleged that Makuyana drove away.

It is alleged that Makuyana used the same modus operandi on two other people before stealing their cars.

The court heard that Makuyana was arrested while driving one of the cars.

Fungai Lupande Court Reporter
The trial of businessman and owner of Kebab Night Club Eddie Zviitwa and his four accomplices, who are accused of stealing $85 000, could not continue yesterday after a State witness failed to turn up.

The prosecutor Mr Ephraim Zinyandu told the court that the witness, Tonderai Moses Chakacha, failed to attend court despite efforts by the investigating officer to contact him.

Mr Zinyandu undertook to subpoena him.

The matter was remanded to August 2.

Zviitwa, Keegan Paul Blumears, Taurai Makata, Obey Chakacha and Tinashe Hakunavanhu are facing theft charges.

Mr Zinyandu alleged that on March 29 this year at around 9am, Taglan Hovsep went to Blumears’ house intending to buy a Hyundai excavator which Blumears alleged was coming from his friend’s mine.

Hovsep went with $85 000, the court heard.

When he got to Blumears’ house, Hovsep was told that the owner of the excavator was on his way.

He waited for more than two hours but Blumears told him to be patient saying the person would soon arrive.

Hovsep later gave up and decided to leave the house.

As he was reversing his vehicle, another vehicle – a Mercedes-Benz – suddenly blocked his way and three men got out of the vehicle.

They identified themselves as police detectives and one of them flashed an identification card, the State alleged.

They said they were looking for Hovsep, saying that they had been tracking him as he was on Interpol’s wanted list.

It is the State’s case that Blumears pointed at Hovsep and the detectives pounced on him.

The three men told him he was under arrest for dealing in drugs, minerals and supporting Team Lacoste.

One of them handcuffed him while others ransacked his vehicle and took the bag which contained $85 000.

They secretly placed some unknown drugs into his bag before accusing him of dealing in drugs as well.

While they were still at Blumears’ house, Zviitwa arrived.

He claimed to have come to help Hovsep so that he would not be deported or detained at the police station.

It is the State’s case that Zviitwa spoke to the said detectives and they removed the handcuffs from Hovsep’s hands.

The detectives took the $85 000, two mobile phones and a wallet.

Fungai Lupande Court Reporter
At least 105 people from Epworth and Mabvuku, who were arrested for demonstrating against police roadblocks earlier this month, yesterday notified the court of their intention to bring video footage of police brutality during their arrest.

Through their lawyers from Zimbabwe Lawyers for Human Rights, the protesters told the court that the video footage shows police brutality and torture at the time of their arrest.

The matter was remanded to August 30.

Meanwhile, 11 other protesters who were arrested afterwards were remanded to August 22.

When they first appeared in court, the group complained about the police saying some of them were literally fed to the dogs.

Those injured were sent for treatment.

They are facing public violence charges.

Shaun Bako and 50 others from Ruwa allegedly destroyed property worth $500 000.

Prosecuting, Mr Oscar Madhume alleged that on July 4, police received a tip off that protesters from the Greater Harare Association for Commuter Omnibus were demonstrating in Ruwa.

Police proceeded to the scene and saw the accused ferrying huge boulders using three vehicles.

They allegedly barricaded Mutare highway using huge stones and carrying placards written, “Usapinde mukombi kusvikira maporisa abva muroad,” and “Hatineti kusvikira President abva.”

The police identified the accused who were stoning motorists, stopping commuter omnibus and forcing passengers to disembark.

The mob allegedly stoned the police and damaged their vehicle.

The accused were later rounded and arrested.

It is alleged that Tichaona Chikonya and 53 others from Epworth, barricaded Chiremba Road at Chans Shopping Centre.

They also attacked the police and damaged property worth $1 000.

Kudakwashe Masikati and 10 others are facing the same allegations.

Johannes Tomana

Chief Court Reporter
The High Court has deferred suspended Prosecutor-General Johannes Tomana’s (pictured) appeal hearing against the magistrate court’s decision to place him on bail to secure his attendance for trial on charges of criminal abuse of office.

Tomana is facing five fresh charges of criminal abuse of office. He was freed after paying $2 000 bail and surrendering property worth more than $250 000 as surety.

This was despite the fact that he is already on $1 000 bail coupled with stringent conditions on two similar charges.

Justice David Mangota yesterday deferred the hearing after the prosecutor Mr Edmore Nyazamba failed to appear for the State. He was said to be away attending a funeral.

“The hearing has been deferred to next week on Tuesday,” said Mr Alex Mambosasa of Mambosasa Legal Practitioners who is acting for Tomana.

Tomana is contesting the bail imposed on him without the court hearing submission from both the defence and prosecution counsel.

He wants the higher court to quash the lower court’s decision.

In his appeal, Tomana seeks to have the magistrate who made the disputed decision censured for allegedly making “blatant irregularities” on the matter.

Tomana further argues that the manner in which the proceedings were conducted by the lower court were grossly irregular and demanded that the entire proceedings be set aside.

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 abuse of office.

He was accused of releasing suspects that allegedly sought to bomb President Mugabe’s business premises in Mazowe.

Daniel Nemukuyu Senior Court Reporter
The widow of former Herald editor Charles Chikerema is battling to recover 469 head of cattle and other livestock grabbed from her husband’s estate by her now deceased brother-in-law some 18 years ago.

After the death of the veteran journalist in 1998, his brother James Chikerema expropriated 469 cattle, 815 goats, 682 ostriches, 796 turkeys and 52 sheep belonging to the scribe’s estate.

The journalist’s widow Plaxedes Chikerema could not stop the grabbing of the property at the time.

The then executor to the estate Mr Cecil Madondo successfully filed a court application for the return of the livestock at the High Court against James.

James did not comply with the order up to the time of his death in 2006.

James left behind his widow, Phildah Molly Chikerema.

Mr Madondo renounced himself from handling the veteran journalist’s estate in 2015 and Plaxedes Chikerema took over as executor.

Plaxedes, in her capacity as the executor of the late scribe’s estate, issued summons at the High Court seeking the release of the expropriated livestock from James’ estate, which is now being represented by Phildah.

It is now gloves off between the two widows as Plaxedes now wants the livestock back from Phildah. Alternatively, Plaxedes through her lawyer Mr Caleb Mucheche of Matsikidze and Mucheche law firm, is claiming $253 790 from the estate of James Chikerema.

Last week the High Court threw out a technical point raised by Phildah in her quest to deprive Plaxedes of her livestock.

Phildah was seeking an order for the finalisation of her late husband’s estate, a development that was likely to destroy the livestock claim by Plaxedes.

The court dismissed the application and the parties will now have to file all the relevant papers in preparation of the livestock claim. The Master of High Court had filed his report opposing Phildah’s application.

He stated as a fact that the estate was still pending and that it could not be closed before the livestock claim was finalised. The Master described Phildah as an applicant who was misguided or ignorant of the estate administration procedures.

Since 2001 when a court order for the return of the livestock was issued, several reminders were made to James and later to the executor of his estate after his death, but there was no compliance.

Phildah, in her special plea file at the High Court, argued that the claim was filed outside the permissible three-year period in which civil suits can be filed.

To that end, Phildah argued that the livestock claim was now a prescribed matter and it ought to be dismissed.

She also argued that Plaxedes cannot be awarded the United States dollars because the expropriation complained of was done during the Zimbabwe dollar era.

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

Freeman Razemba Crime Reporter
Police have questioned several nurses at Parirenyatwa Group of Hospitals on allegations of stealing a newborn baby in the maternity ward after informing its mother that her baby had died.

A 26-year-old Mabvuku woman, Susan Gava, recently gave birth to a baby girl at Mbuya Nehanda Maternity Ward and was later informed that her baby had developed some complications and died.

Gava and her husband Mr Shame Mutshipisi were later shown a body of a dead baby, but they were not convinced.

The couple is demanding a DNA test.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba confirmed the incident, saying Gava and all the nursing staff who were on duty when the incident occurred were summoned to Harare Central Police Station and interviewed and statements were recorded.

On June 21 at around 1am, Gava who was nine months pregnant, was transferred from Mabvuku Clinic to Mbuya Nehanda Maternity Ward after complications.

The following day at around 8:17am, Gava gave birth to a baby girl who was taken by nurses a few minutes later.

It is alleged that the nurses later informed Gava that her baby had developed some complications.

“The nursing staff later brought a dead baby’s body to Susan Gava who was, however, not convinced that the dead baby was the one she had given birth to. Susan Gava and her husband then agreed that a DNA test should be undertaken in order to prove that she was the mother of the dead baby,” Snr Asst Comm Charamba said.

A report was made to the police and on July 19, a written request was made to the Director Forensic Laboratory at Wilkins Hospital for the tests to be conducted.

The Herald understands that on July 20, a letter of acknowledgement was received from the head of the Forensic Unit, Dr Roslyn Thelingwani.

Douglas Mahiya

Fungai Lupande Court Reporter
Zimbabwe National Liberation War Veterans Association secretary for Information and Publicity Douglas Mahiya yesterday appeared in court on charges of undermining the authority of the President.

He was remanded in custody to today for bail application.

Mahiya’s lawyer, Mr Harrison Nkomo, unsuccessfully applied to have him released on the basis that the prosecution did not have a certificate of prosecution from the Prosecutor-General.

Mr Nkomo submitted that under Chapter Three of the Criminal Law and Codification Act, it is imperative under Section 34 that prosecution produce a certificate signed by the PG.

Prosecutors, Mr Tapiwa Kasema and Ms Sharon Fero, argued that for purposes of placement on remand the certificate was immaterial.

In his ruling, the magistrate Mr Vakayi Chikwekwe said the lack of the certificate was a legal defect that the State should be alive to, but there was no need to set aside remand.

“The State is ordered to bring the certificate on Monday while other proceedings continue,” said Mr Chikwekwe.

Mr Nkomo proceeded to lodge complaints against Senior Assistant Commissioner Ncube from CID Law and Order Harare for verbally insulting Mahiya.

“He insulted the accused saying he was confused and disorderly to the extent that the disorderliness has extended to his children,” said Mr Nkomo.

“The senior assistant commissioner added that the bedroom of the accused’s children is filthy and unsuitable for human habitation.

“The accused was interrogated from 3pm on July 27 to 2am July 28. Notwithstanding the availability of many detention centres, they detained him at Matapi Police Station which was condemned as unfit for human habitation.

“The alleged communiqué, which is the subject matter was not retrieved through a diligent search, but was planted by the police for purposes of finding grounds to arrest him.”

Mr Nkomo added that it was worrisome that he was denied access to the court by the police manning the courtroom.

“I want the officer-in-charge of the Harare Magistrates’ Court to submit a report and the senior assistant commissioner investigated,” he said.

Mr Chikwekwe ordered the investigation of the senior assistant commissioner and that the officer-in-charge at the Harare Magistrates’ Court submits a report within seven days.

The State is opposed to bail.

Mahiya pleaded not guilty to charges of undermining the authority or insulting the President.

It is alleged that between April 2016 and July 2016 Mahiya, acting in connivance with other high-ranking national, provincial and district members still at large authored a document captioned “War Veterans communiqué” on the state of Zimbabwe’s economy, the Zanu-PF party leadership and the way forward for the people of Zimbabwe in which they allegedly made defamatory statements thereby undermining the authority of the President.

The State alleged that Mahiya created the communiqué with the knowledge and realisation that the contents of it may engender the feelings of hostility or cause hatred, contempt or ridicule towards the President.

On July 21, Mahiya held a meeting at Raylton Sports Club in Harare and issued the communiqué to journalists leading to the document being published in NewsDay and on the internet.

It is alleged that in an interview with the SABC reporter, the accused also denigrated the President.

On July 27, a search was conducted at the accused’s residence and copies of the communiqué were found as well as documents titled “Response to the President’s attack on War Veterans”, which also undermined the President’s authority.

Faith Mutema Herald Reporter
A HARARE woman has taken her ex-husband to court for allegedly assaulting and abusing her because she is barren. Stella Banda took Trymore Tumare to the Civil Courts on Thursday, where she sought a protection order. She told magistrate Trevor Nyatsanza that Tumare still abuses her even though the couple was now on separation. “Ever since our separation in August, he has been coming to Southlands insulting me and calling me names,” alleged Banda.

She claimed Tumare has since banned her from visiting the couple’s house. She said he does not want to see her at the house because he claims it is his and yet they both played a part in building the four rooms. Tumare dismissed the allegations. He claimed he never loved Banda but was forced into the relationship by her brothers. Mr Nyatsanza granted Banda’s application. He ordered Tumare to desist from abusing Banda in any way.

Walter Nyamukondiwa Chinhoyi Bureau—
Parents of the 10 boys who were allegedly sodomised by a Chinhoyi security guard stormed the office of Mashonaland West Minister of State Cde Faber Chidarikire on Thursday to register their discontent with his release. Chenjerai Mairosi (38) was released on Wednesday after Chinhoyi magistrate Miss Brenda Dhliwayo ruled that he was brought to court after the prescribed maximum detention 48-hour period had lapsed.

Mairosi went home without any conditions and the State will proceed by way of summons. This infuriated the parents who felt it was a miscarriage of justice. “How can someone who has committed such a crime be allowed to go scot-free just like that when we were not even called to attend the hearing?”, queried one parent.

The parents said there were more cases that were likely to come out and having Mairosi out of custody would jeopardise investigations. The parents blasted the police for exceeding the prescribed detention period, saying it gave leeway for Mairosi’s release.

They were addressed by the director in the Minister of State’s office, Mr Jim Kadziya, as Cde Chidarikire was out of office. Mr Kadziya explained to them that Mairosi’s release did not mean that he had been let loose.

“The matter has not been finalised but it will continue after observance of the law, which says a person cannot be detained for more than 48 hours without being brought to court,” said Mr Kadziya.

Some parents were threatening to attack Mairosi, saying they feared for their children’s safety. Mairosi is now expected to appear in court next week on Monday. He allegedly lured the 10 boys aged between nine and 12 years with a bicycle, cellphone and money.

Mairosi, who was commonly referred to as “Sekuru” by the children in the Brundish suburb would first isolate his target by sending others out for various errants. He would chain and sometimes handcuff his victims before gagging them with a blue tie and play pornographic videos.

Mairosi would sexually abuse the boys before giving them money that ranged from 10 cents and $1. 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 the floodgates for other reports.

Faith Mutema : Herald reporter

A Sixty-year-old man was yesterday brought to the Harare Civil Court by his wife for physically abusing her because she is more educated than him. Loveness Rambakuzibwa allegedly assaulted his wife, Barbra Mahlunge, for having better qualifications than him. Mahlunge, who was seeking a protection order against Rambakuzibwa, for constantly attacking her whenever he returns from his girlfriend, told magistrate Mrs Gamuchirai Siwardi that they have been married for 21 years and Rambakuzibwa is still a violent man.“I never reported the abuse before because I thought as we were growing older, his behaviour would change, but he is getting worse,” said Mahlunge, adding; “he constantly kicks me, and recently broke my leg.” Mahlunge told the court that Rambakuzibwa ran away from their matrimonial home and left her with no money to look after herself.

She also told the court that he used a baton to beat her hands and also burnt all her educational qualifications and medical reports. Mahlunge also stated that her husband took all the property to his girlfriend, where he is now staying.

“When he goes out every time, he brings diseases at home and he once infected me with a sexually transmitted infection, yet he never paid for the medication that I used,” she said.

Rambakuzibwa denied the allegations saying Mahlunge was an educated devious woman who was trying to take him out of the picture so that she inherits their house in Masvingo. He also claimed that Mahlunge got sick because she had a miscarriage.

Rambakuzibwa had already changed the title deeds into her name.

Mrs Siwardi granted Mahlunge’s application and ordered Rambakuzibwa not to abuse his wife.

Prosper Dembedza : Court Correspondent

The late Vice-President Simon Vengesai Muzenda’s brother Vitalis was recently fined $200 after being found guilty of selling fuel without a licence. Vitalis Vengesai Muzenda (61) was facing charges of selling petroleum products, namely diesel and petrol, without a licence. He pleaded guilty to the charge when he appeared before Harare magistrate Mr Elijah Makomo, who ordered him to pay $200 fine or go to jail for 30 days.It was proven that on March 7, the informant Delight Dabengwa in the company of police officers from Harare Licence Inspectorate, visited Muzenda at Murefu Service Station and asked him to produce a licence authorising him to operate a service station.

The court heard that Muzenda was issued with a notice to produce a licence within seven days in terms of Section 55 of the Petroleum Act Chapter 13:12.

It was proved that Muzenda failed to produce the licence within the stipulated time, although he had paid for processing of the licence, which the Zimbabwe Energy Regulatory Authority (ZERA) did not process in January, way before the notice was issued.

Meanwhile, ComOil Private Limited was yesterday brought to court for operating a service station without a licence.

Allegations are that on March 3, informant, Owen Tsapayi, while on duty visited ComOil Private Limited situated at 32 Knightsbridge, Newlands, in Harare to establish whether it was complying with the Petroleum Act.

The court heard that a notice was issued to its marketing manager who is also the second accused to show a licence within seven days in terms of Section 55 (2) of the Petroleum Act Chapter 13:22.

The court heard that the company failed to show the licence within the stipulated time.

Crime Reporter

A Zambian driver is facing culpable homicide charges after three people died when a commuter omnibus he was driving overturned last week along the Harare-Chirundu Road. The accident occurred at the 300 kilometre peg and his Mercedes Benz bus had 33 passengers on board. Chief police spokesperson Senior Assistant Commissioner Charity Charamba said Sampa Chiyenge (43) was driving the omnibus, which had Zambian registration number plates, towing a trailer and heading towards Harare.“On approaching the 300km peg, Chiyenge failed to negotiate a curve and lost control of the vehicle, which veered off the road to the left and overturned. The vehicle landed on its left side and one passenger died on the spot,” she said.

The driver and 14 passengers were injured and were taken to Karoi Hospital for treatment where two of the passengers died on admission.

Snr Asst Comm Charamba said 18 other passengers escaped unhurt.

She said all 12 remaining passengers were later referred to Mutenderi Hospital in Zambia for treatment.

The three passengers who died were identified as Mkomwa Nassor Saleh Nassor (42), Numbi Kayumba (43) and Kambobe Mweshi Charles (26).

Snr Asst Comm Charamba said Chiyenge is facing three counts of culpable homicide charges and investigations are still in progress.

Meanwhile, police are investigating a case in which the body of a 37-year-old man was found at a footbridge between Dzivaresekwa Extension and Dzivaresekwa 2 last Tuesday morning.

Amos Jafureni’s body was found floating in a stream by a passer-by at around 10:30am and a report was made to the police.

Police discovered that Jafureni was naked and had a wound on the right side of the head and an open cut on the scrotum.

A few metres away, police discovered his national identity card, drivers’ licence and a pay slip.

Investigations revealed that Jafureni was employed at Reinham Preedon Bricks in Mabelreign.

Shamiso Makiwa : Herald Reporter

Foreign Governments, regional and international organisations have hailed Zimbabwe for taking positive steps in fighting the scourge of human trafficking by launching the National Plan of Action. Speaking at the launch of the plan during the World Day against Trafficking in Persons commemorations held in Harare last week, representatives of various organisations said human trafficking was a major problem throughout the world.For that reason, they said it takes collaborative effort by different players to fight the cancer and, as such, they will support Zimbabwe in the implementation of the plan. International Organisation for Migration country representative Ms Lily Sanya congratulated Zimbabwe for fighting the human trafficking problem.

“I would like to reiterate IOM’s commitment to continue working with the Government of Zimbabwe on migration, governance issues in general and operationalisation of the Trafficking in Persons National action plan in particular,” she said.

Acting United Nations Resident coordinator in Zimbabwe and World Health Organisation representative, Dr David Okello also hailed the Government for taking positive strides in fighting human trafficking.

“Human trafficking is a crime that exploits women, the children and weak people around the world for different purposes including forced labour, physical and psychological abuse. This is crime that we must fight today.

“The United Nations family here in Zimbabwe remains committed to support the implementation of the National Action Plan launched today and we stand shoulder to shoulder with you,” Dr Okello said.

sadc Secretariat Head of the Gender Unit, Dr Joseph Pitso added: “Thank you for taking the lead in addressing this case. Allow me to further commit the support and effort from the SADC secretariat to continue to collaborate with the Republic of Zimbabwe in strengthening its national response on trafficking in persons.”

United States Ambassador to Zimbabwe, Harry Thomas Jnr, said human trafficking was a global challenge that required collective effort if it was to be defeated and its perpetrators.

In a speech read on his behalf by US Embassy second secretary (political and economic affairs) Mr Richard Wesch, Ambassador Thomas hailed Zimbabwe for fighting human trafficking through setting up an inter-ministerial committee and establishing the NAPLAC.

“As you are all undoubtedly aware, human trafficking is a $150 billion illicit industry that touches millions of lives across the world in every country of the world including in United States and in Zimbabwe. Each and every one of us must commit to do everything that we can to end human trafficking in persons.

“The US Government stands ready to engage and partner with the Government of Zimbabwe and the Zimbabwe people in this effort. Indeed our efforts together will require a different dialogue and a different approach.

“Our position is to collaborate and to energise and most importantly to empower people. We look forward to working with the Government of Zimbabwe to address together, our common enemy — trafficking in persons,” he said.

United Nations Office on Drugs and Crime adviser Ms Samantha Munodawafa said fighting human trafficking required collaborative effort by all actors.

Mabasa Sasa

Fungai Lupande : Court Reporter

The defence case for The Sunday Mail Editor Mabasa Sasa, investigations editor Brian Chitemba and reporter Tinashe Farawo was postponed to August 15. Harare magistrate Mr Tendai Mahwe adjourned the matter due to a busy schedule. The three were placed to their defence after their application for discharge was dismissed.They are facing charges of communicating or publishing false statements prejudicial to the State.

Prosecutor Ms Francesca Mukumbiri alleges that following the killing of 22 elephants by poachers using suspected cyanide poison, the accused published a story, “Top cop fingered in poaching saga” in their publication.

It is alleged that the trio knew that no assistant commissioner of the police was being investigated for being involved in the poaching of the elephants nor has ZRP made any arrest in connection with the crime.

Resultantly the publication of the alleged false statement was communicated nationally and internationally causing an outcry from the international community who support the tourism industry.

The trio is accused of publishing falsehoods that would adversely affect the tourism industry and the economy.

Crime Reporter

POLICE are looking for four women who sexually molested a 29-year-old man they had offered a lift from Mbudzi roundabout in Harare to the city centre. The women allegedly drugged their victim until he passed out before they abused him. The incident happened last week Monday at around 11pm.The four women were travelling in a Toyota Raum.

Police chief spokesperson Senior Assistant Commissioner Charity Charamba confirmed the incident yesterday.

She said Batsirai Madzingira disembarked from a bus from Masvingo and waited for transport into the city centre.

“A Toyota Raum, which had four female adults including the driver, then offered him a lift. He was told to sit between two of the suspects who were in the back seat,” she said.

After driving for a few metres, the driver told him to pay $1 and he complied.

Madzingira was later offered a coke by the driver and he refused.

“One of the women produced a knife and threatened to stab him if he resisted. Madzingira drank the coke and became dizzy. During the process, it is alleged that the two women who were at the back started removing his clothes while he was unconscious. According to a report made, Madzingira does not know what happened thereafter,” said Snr Asst Comm Charamba.

The following day at around 6am, Madzingira gained consciousness.

He discovered that he had been dumped near the flyover along Simon Mazorodze Road.

He also noticed some blood stains and semen on his pants.

The women also got away with his satchel containing two pairs of trousers, two T-shirts and $19 cash.

He reported the matter to the police.

Madzingira was referred to Harare Hospital for medical examination.

This is not the first time such cases have been reported to the police.

In September last year, two women allegedly indecently assaulted a 29-year-old man at gunpoint after offering him a lift from Magunje Growth Point to Karoi.

The incident occurred on September 4 at around 9am, when the complainant (name withheld) boarded a grey Toyota Raum without registration plates.

The vehicle was being driven by a middle-aged woman.

She was in the company of another woman.

They offered the man a lift at Magunje Growth Point pretending to be travelling to Karoi town.

When they approached the 208 kilometre peg along the Harare-Chirundu Road, the driver stopped the vehicle purportedly to check for a tyre puncture.

They then resumed the journey before turning into a bushy area where they drove for about 10 kilometres.

One of the women produced a pistol and ordered the complainant to swallow a blue tablet.

The women took turns to have unprotected sexual intercourse with the man without his consent.

Tendai Rupapa : Senior Court Reporter

acting Prosecutor-General Advocate Ray Goba has requested for more time before he can respond to the application for legal costs incurred in the private prosecution of former Bikita West legislator Munyaradzi Kereke. Adv Goba wrote a letter to the court asking that they grant him a week, saying he needed time to go through the record before he can respond.Regional magistrate Mr Noel Mupeiwa said: “The PG communicated and said he needed time to familiarise with the case since he was not part of the prosecution.

“He asked to have the matter remanded to August 5.”

Private prosecutor Mr Charles Warara and Kereke’s lawyer Mr Erum Mutandiro consented to the postponement.

Mr Warara made the application for legal costs two weeks ago, in terms of Section 22 of the Criminal Procedure and Evidence Act.

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 convicted 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.

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 legislator 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.

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.”

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.

Douglas Mahiya

Fungai Lupande : Court Reporter

Zimbabwe National Liberation War Veterans’ Association (ZNLWVA) secretary for information and publicity Douglas Mahiya was yesterday freed on $300 bail. Meanwhile, ZNLWVA secretary-general Victor Matemadanda was picked up by police outside court after Mahiya’s bail hearing. Prosecutors Mr Tapiwa Kasema and Ms Sharon Fero applied for suspension of the bail for 48 hours pending their appeal in terms of Section 121 as amended by the 2016 Criminal Procedure and Evidence Act (CPEA).The amended section of the CPEA now gives a magistrate or judge discretionary power to suspend or confirm his bail decision, but before it allowed the State to revoke bail for seven days while it appealed.

Magistrate Mr Vakayi Chikwekwe upheld his bail ruling saying the appeal does not suspend bail.

As part of his bail conditions Mr Chikwekwe ordered Mahiya to report every Monday and Thursday at CID Law and Order, Harare and to reside at his Chitungwiza house pending finalisation of the matter.

Mahiya (61), through his lawyer Mr Harrison Nkomo, notified the court of his intention to challenge placement on remand on the basis that State papers do not disclose an offence.

The matter was remanded to August 12.

The court adjourned briefly after one of the war veterans identified as Cde Shingi fell in a trance.

Zimbabwe People First leader Dr Joice Mujuru attended the court proceedings along with MDC functionaries.

Mahiya is facing charges of undermining the authority of, or insulting the President.

It is alleged that between April 2016 and July 2016 Mahiya, acting in connivance with other high-ranking national, provincial and district members still at large authored a document headlined, War Veterans communiqué on the state of Zimbabwe’s economy, the ZANU-PF party leadership and the way forward for the people of Zimbabwe, in which they allegedly made defamatory statements thereby undermining the authority of President Mugabe.

The State alleged that Mahiya created the communiqué with the knowledge and realisation that its contents may engender feelings of hostility or cause hatred, contempt or ridicule towards President Mugabe.

On July 21, Mahiya allegedly held a meeting at Raylton Sports Club and issued the communiqué to a few journalists leading to the document being published in the NewsDay newspaper, and on the Internet.

It is alleged that in an interview with an SABC reporter, the accused also denigrated the President.

On July 27, a search was conducted at the accused’s residence and copies of the communiqué were found as well documents titled Response to the President’s attack on War Veterans, which also undermined the President’s authority.