Tendai Rupapa : Senior Court Reporter

A ZESA Holdings employee has been arrested together with his friend on allegations of fraud after they reportedly demanded a $1 000 kickback from a businesswoman in return for restoring power to her business premises. The complainant (name not supplied), who is the director of Sorellas Pizzeria and Café, experienced a power outage at her restaurant in Harare’s leafy suburb of Ballantyne Park.Other business tenants in the same premises were also affected by the power cut.

Darryn Blumears (30), who resides in the same area, was aware of the fault and allegedly advised the complainant that he had a friend employed by ZESA who could fix the problem for them.

He then roped in Eugine Chikepe (32), a technician stationed at Mabvuku depot.

Blumears and Chikepe appeared before Mr Tendai Mahwe charged with two counts of fraud.

They were released on $50 bail each, coupled with some conditions among them reporting once a week to the police and not to interfere with wit- nesses.

The State alleged that on July 7, Blumears approached the complainant and indicated to her that he knew of a ZESA employee who could fix the problem for a fee of $150.

As a result, Blumears was given the money which he allegedly converted to his own use.

On August 2, Blumears and Chikepe informed the complainant that there was need to purchase some cables to reconnect the power.

Blumears, the court heard, indicated to the complaint that $850 was required for the purchase of the said cables.

The complainant then informed him that he needed to discuss with other tenants who were also affected by the electricity blackout.

After consultations with other her co-tenants, they agreed to pay the required amount after the installation of the new cables.

Amongst the affected people was Mr Tapiwa Mudekunye, who got information that ZESA had actually bought a new transformer for their area and he informed the complainant.

On August 3, Chikepe who knew that his employer had secured the transformer, contacted the complainant and misrepresented to her that he was the one who had bought the transformer, the State alleged.

He added that he was going to install it on that same day for a fee of $850, which they had earlier agreed on.

As a result, the complainant reported the matter to the police and a trap was set the following day.

The businesswoman then invited Blumears to collect the money at her restaurant, the court heard.

Four police officers were monitoring the situation with two of the female officers, disguising themselves as waitresses.

On arrival, the complainant took Blumears to her office, and the female officers followed on the pretext they wanted to serve them coffee.

It is the State’s case that Blumears was given $500 trap money in the presence of the “waitresses” who subsequently arrested him.

Blumears then implicated Chikepe, who was arrested in Chisipite where they had planned to meet and share the loot, the State alleged.

Meanwhile, two immigration officers court on camera taking bribes have appeared in court, reports Thupeyo Muleya from Beitbridge.

Two immigration officers who were last week arrested after they were caught on closed-circuit television cameras taking bribes from travellers, appeared in court on Saturday morning charged with criminal abuse of office.

Precious Ndomupei Dumbu and Tinashe Gotosa were picked up by police detectives soon after collecting the money.

It is alleged that they were paid to tamper with stamps for two travellers that had overstayed in the country.

The CCTVs are part of security upgrades at the border post as Government seeks to reduce incidents of corruption and smuggling at the ports of entry.

So far, Government has secured $600 000, which has been used to buy border patrol vehicles, lie detectors, mineral and metal detectors, patrol motor bikes, secret cameras and repairing the border perimeter fence that had been vandalised by criminals.

The CCTVs were installed in the past two months at points unknown to border officials.

Dumbu and Gotosa, who are represented by Mr Reason Mutimba of Nyikadzino Legal Practitioners, appeared before magistrate Mr Godswill Mavenge charged with criminal abuse of office.

They were released on $100 bail each.

Allegations are that they were on duty last Thursday, when they were caught on camera by security personnel taking bribes of R300 from two travellers.

They were picked up by police detectives soon after collecting the money.

Since the introduction of CCTVs, four people, including the two immigration and two police officers (Constables Marvelous Nyikadzino and Kudakwashe Zvavanoda) have been arrested, and not six Zimra officials as indicated in our Monday headline.

It emerged that no Zimra official was among those arrested.

The inconvenience caused is sincerely regretted.

Tendai Rupapa : Senior Court Reporter

The National Prosecuting Authority has insisted that suspended Prosecutor-General Johannes Tomana be called to court to personally respond to the application for legal costs incurred in the private prosecution of former Bikita West legislator Munyaradzi Kereke. In a letter addressed to the court, Acting Prosecutor-General Advocate Ray Goba said Tomana, whose decision not to publicly prosecute Kereke is in question, should be given an opportunity to explain himself.“In order that the court may properly determine the question of costs, I respectfully submit that it is fair and reasonable that the then Attorney-General whose decision is impugned be afforded an opportunity to be heard in person,” he said.

“I further submit that an informed appraisal of the circumstances of that decision is only possible after giving him audience.”

Adv Goba said since the State was not part of the prosecution, the “audi alteram partem principle” (principle to natural justice) should be visited and State should be given an opportunity to be heard before a decision is made.

He, however, likened private prosecution to private litigation saying that in civil matters, the losing party bears costs.

“In any event, in the penultimate analysis and considering that a private prosecution is in the nature of ‘private litigation’, it stands to reason that like in civil matters, the burden of costs ought to fall on the unsuccessful party,” reads part of Adv Goba’s letter dated August 5.

Adv Goba further said that there has to be exceptional and compelling reasons for the State to be burdened by the costs other than the mere allegation that Tomana’s decision turned out to be wrong.

“If such were to be visited on the State then as the matter is one of statutory discretion, then such must be exercised judiciously and on exceptional grounds other than merely that the decision of the public prosecutor/AG turned out to have been wrong,” he said.

Principal Law Officer Mr Morgan Dube, who was in charge of set down office then, deposited an affidavit that was attached to the letter in which he narrated how Tomana declined to prosecute Kereke.

He said whatever he did on the case, he was working under Tomana’s instructions.

“On September 22 2011, the then AG instructed that prosecution be declined in the matter of State versus Munyaradzi Kereke who was facing rape and indecent assault charges indicating that there were inconsistencies in the evidence of witnesses,” he said.

Munyaradzi Kereke

“After a lapse of about a year, the complainant’s guardian continued to write letters seeking to know the position of the case, and I would each time brief the then AG. He later ordered me to recall the docket from the police and send it for prosecution.”

He said the matter was finally set down for trial on October 10, 2012 and the trial date was November 14 of the same year.

“The then AG Johannes Tomana then instructed me to halt the process of service of summons to the accused person pending a fresh recording of a witness statement from the rape victim. The complainant’s guardian refused to give another statement stating that he was satisfied with what was in the docket.

Johannes Tomana

“Mr Tomana indicated that the decision to decline prosecution was to stand,” he said.

In a letter to private prosecutor Mr Charles Warara, regional magistrate Mr Noel Mupeiwa said: “As we agreed, the matter is set down for August 15. If Hon Johannes Tomana manages to avail himself on that day, then we will hear his submissions, but if he fails to avail himself, be prepared to answer to these submissions and the ruling will then follow.”

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

In his application, he wants the court to consider the legal costs either against the PG’s Office or Kereke.

Chief Court Reporter

The High Court yesterday postponed to today the hearing of the war veterans wrangle over the election of new leadership of the association. The Zimbabwe National Liberation War Veterans’ Association (ZNLWVA) last week successfully sought an interdict blocking a splinter group from convening a special meeting to elect a new executive.Manicaland Provincial Affairs Minister Cde Mandi Chimene leads the splinter group as its interim chairperson.

The order was granted against Cdes George Mlala, Charles Mpofu, Joseph Chinotimba, Esther Munyaradzi, Stephen Moyo and Robert Mukwena.

Justice Joseph Musakwa last week deferred the matter to yesterday for further hearing and determination of the application in respect of the other seven – Cdes George Matenda, Patrick Nyaruwata, Future Piriyana, Wellington Chitehwe, Rueben Chikono, Thomas Matambe and Thomas Kunaka.

But yesterday, the judge further deferred the hearing against the seven to allow them to file their opposing papers. They have also enlisted the services of Gweru lawyers Garikayi and Company to argue their case.

The Chimene-led group is expected to convene a meeting to elect a new executive of the ZNLWVA.

Addressing war veterans, Women’s League and youths gathered at the Zanu-PF Headquarters recently, President Mugabe told the former freedom fighters to elect new leadership, if they so wish.

In an urgent application heard before Justice Musakwa in the High Court yesterday, 13 members of the splinter group were listed as respondents.

The call for new leadership in the ZNLWVA follows a vote of no-confidence on the Christopher Mutsvangwa-led executive.

Mutsvangwa was consequently expelled from Zanu-PF after he was convicted of conduct that showed disrespect of the party leadership.

The Mutsvangwa-led ZNLWVA executive went to court to stop the pending elections.

Through their lawyer, Mr Rungano Mahuni of Mahuni, Gidiri Law Chambers, argued that the Constitution of the association does not provide for the removal of its leaders by vote of no confidence.

He argued that the Chimene-led faction could not purport to act on behalf of the association in the absence of an election to bring them into the leadership of the association.

But the Chimene faction argues that the Mutsvangwa-led executive was removed by a vote of no-confidence.

ZNLWVA secretary-general Victor Matemadanda, spokesperson Douglas Mahiya, national commissar Francis Nhando and deputy chairperson Headman Moyo have since been expelled from Zanu-PF for indiscipline.

The quartet appeared in court facing charges of attempting to subvert the constitutionally elected Government. They are all out on $300 bail each.

They were arrested in connection with a damning communique last month urging President Mugabe to resign.

Daniel Nemukuyu : Senior Court Reporter

CONTROVERSIAL litigant Mr Ignatius Masamba, who was last month barred from suing people at the High Court, has now turned to the civil court claiming “negligence” damages from a tenant who delayed in paying rent. Mr Masamba, in the latest suit filed at the Harare Civil Court, wants his former tenant, Ms Prisca Dhlakama, to pay him damages to the tune of $2 000 for not paying rent on time.Ms Dhlakama used to pay monthly rent amounting to $300, but the alleged delay of seven days sparked the $2 000 claim for damages.

The High Court recently blasted Mr Masamba over “vexatious” litigation, saying he had clogged the judicial system with baseless litigation.

Billed as extremely litigious, Mr Masamba has instituted over 26 cases in the High Court.

Justice Joseph Martin Mafusire barred Mr Masamba from instituting court proceedings in respect of a flat that he manages in Harare without first seeking consent from the courts.

In the latest suit, Mr Masamba claims his former tenant, Ms Dhlakama, had breached the parties’ agreement by failing to pay rent for the flat by June 7 this year.

He filed the lawsuit seven days after the said deadline claiming $2 000 damages for the delay.

The delay in the payment of rent, Mr Masamba said, caused him mental distress and physical inconvenience because he failed to buy proper dietary food and other needs.

Through her lawyers Guwuriro and Associates, Ms Dhlakama has excerpted to the claim saying it was groundless.

“Plaintiff does not establish where it derives a right at law to claim from the defendant as no basis exists in law or on the pleaded facts upon which the court can order the defendant to pay the alleged claim.

“The defendant and the court cannot derive from the air the right at law that the plaintiff has. Plaintiff’s pleadings do not disclose a cause of action and are vague and embarrassing,” reads the excerption.

Ms Dhlakama urged the court to throw out that application.

Magistrate Mrs Barbara Mateko is expected to make a ruling next week.

Miriam Sibanda

Fungai Lupande : Court Reporter

Suspended Zimbabwe Women’s Soccer League chairperson Miriam Sibanda (pictured above) and her two suspected accomplices have a case to answer on allegations of stealing $20 000 meant to buy tickets for the Mighty Warriors team to fly to Ghana, the court ruled. Harare magistrate Mrs Vongai Muchuchuti-Guuriro dismissed the trio’s application for discharge at the close of the State’s case.The matter was adjourned to tomorrow for their defence case.

Sibanda (54), Benny Mamoche (45) and Fungai Magosvongwe (35) are facing theft of trust property charges.

In their application for discharge, the trio said evidence led in court was far below the threshold of a prima facie case.

They insisted that the $20 000 donation was given to the Zimbabwe Women Football (ZWF) to cater for expenditure related to the fixture against Ghana.

They said ZWF properly and transparently accounted for the donation to Freda Rebecca Mine and the Ministry of Mines and Mining Development.

“The former chief executive officer of the Zimbabwe Football Association (ZIFA) attempted to convince the court that the donation was given to ZWF with a specific instruction from Freda Rebecca Mine that it should be handed over to Zifa,” they said.

In her response, prosecutor Ms Leonellah Chitanda said all her witnesses told the court that the donation was supposed to be remitted to Zifa.

Sibanda, Mamoche and Magosvongwe were responsible for sourcing for donations for the national team.

They allegedly approached Freda Rebecca Mine in Bindura and requested a donation in cash to cater for air tickets for the Mighty Warriors trip to Ghana.

It is alleged that they received $20 000 from Freda Rebecca Mine.

However, the money was not remitted to the Zifa finance manager, instead the trio are said to have shared it amongst themselves.

Comm-Gen Chihuri

Herald Reporter

Businessman Mr Frank Buyanga has taken Police Commissioner-General Dr Augustine Chihuri and a retired judge to court in a case in which three suspected fraudsters and a city lawyer allegedly defrauded him of a house in Greendale, Harare, worth over $530 000. According to Mr Buyanga’s application deposited at the High Court last Thursday to set aside an arbitral award, Comm-Gen Chihuri is cited as second respondent, while retired High Court judge Justice Moses Chinhengo is first respondent.Tawanda Jakachira is third respondent, his wife Winnie fourth, Simon Charewa fifth while lawyers Norman Mugiya and Zivanai Macharaga of Mugiya and Macharaga Law Chambers are cited as sixth respondents.

Mr Buyanga is being represented by Rubaya and Chatambudza Legal Practitioners.

According to the application, Comm-Gen Chihuri is cited in his official capacity for purposes of informing the court, the status of the criminal fraud investigations against Tawanda and Winnie Jakachira and Charewa being conducted by the CID Serious Frauds Squad.

Recently, police launched investigations on Harare lawyer Tamuka Moyo of Tamuka Moyo Attorneys also linked to the couple Tawanda and Winnie, and Simon Charewa under case numbers CR No. Harare Central 2005/4/16 and DR No. Serious Frauds Squad Harare 16/5/16.

The probe comes after reports that Mr Buyanga had lost his Greendale house that was auctioned in a bid to recover $535 000 after “he failed to reimburse” a couple $132 000, following a botched deal.

Mr Buyanga then made an urgent chamber application at the High Court and a report to the CID Serious Frauds Section over the matter.

Frank Buyanga

He said on February 2 2010, he signed an agreement of sale of shares as a representative of Rivin Venam Trading (Pvt) Limited, and not in his personal capacity, and the agreement was effectively about the sale of stand number 2038 Glen Lorne Township of Lot 40 A Glen Lorne, measuring 3 280 square metres and held under Deed of Transfer Number 2769/2003.

Mr Buyanga, who is the first applicant, said it was a “condition precedent” of the agreement of sale that payment of the purchase price had to be made to the second applicant (Rivin Venam Trading [Pvt] for the agreement to be binding between the parties.

“This meant that the failure to make payment would result in the agreement being null and void and of no force and effect. The third and fourth respondent (Jakachira couple) never made the mandatory payment of the purchase price, neither to the second applicant (Rivin Venam Trading [Pvt] Limited), nor to its directors.

“They effectively did not make any payment to myself as the representative of the second applicant at the time that the agreement was signed. If they paid, the third and fourth respondent are put to strict proof that payment was made, and they ought to produce the original proof of payment and/or any witnesses who physically saw me receiving the money in question,” he said.

Mr Buyanga said based on the agreement in question, the Jakachira couple caused the appointment of Rtd Justice Chinhengo as the arbitrator.

He said Rtd Justice Chinhengo was supposed to have been chosen by both parties to the agreement.

He said the appointment resulted in the pre-arbitration hearing being conducted in his absence, and he did not have the chance to present his case as an individual, or through any lawful representative.

Mr Buyanga reiterated that he never received the alleged $120 000 payment, and that if he did, then the Jakachira couple ought to produce “one and only genuine proof of payment if ever they have it”..

Prosper Dembedza : Court Correspondent

Harare magistrate Mr Vakayi Chikwekwe yesterday set September 7 as the trial date for former Zifa chief executive Henrietta Rushwaya and her alleged accomplices, Edzai Kasinauyo and Nation Dube, who are accused of organising the “Limpopogate” match-fixing scandal. The trio recently challenged their further remand, arguing that the dissolution of Zifa by its president Dr Philip Chiyangwa clearly meant there was no complainant in their case.The trio, through their lawyers, submitted that the State’s allegations and facts did not reveal an offence against them.

They are out on $100 bail each.

Allegations are that between January and February this year, Rushwaya, working in cahoots with Kasinauyo, Ian Gorowa and Dube, was involved in acts of soccer match-fixing targeting South African Premier Soccer League teams.

Nation Dube

The court heard that Rushwaya, together with Leeroy Kundishora Waguta, who turned out to be the whistleblower, were working in connivance with Chan Sankran, a well-known Asian match fixer who was the financier.

Henrietta Rushwaya

It is alleged that in February, Rushwaya and her accomplices agreed to fix the AFCON qualifier matches between Swaziland and Zimbabwe scheduled for March 25 and 28 in Mbabane and Harare, respectively. They agreed to offer bribes to Zimbabwe national soccer team players as an inducement to lose the game.

It is also alleged that they agreed to implement their plan after announcement of the team selected to play against Swaziland.

It is the State’s case that as a result, Kasinauyo was tasked to put pressure on Warriors coach Kallisto Pasuwa to prematurely announce the squad or leak the list of players to the syndicate.

Edzai Kasinauyo

It is alleged that they agreed to target three players – the goalkeeper and two defenders.

The court heard that Waguta alerted the coach of the plot to bribe the players and fix the matches.

He assured the coach that he would constantly update him with the progress of Rushwaya’s plans.

The court heard that after the delay in announcing the players, Rushwaya identified Tatenda Mukuruva as the probable goalkeeper.

Gorowa called Mukuruva inviting him to South Africa onthe pretext that he wanted him for trials with the aim of luring him into their deal.

It is alleged that Mukuruva informed Pasuwa of the plan.

Pasuwa, it is alleged, constantly received information from Waguta and at the same time Kasinauyo kept on pressuring him for the release of the list of players.

As a result, Pasuwa could not contain the pressure and finally informed Zifa president Dr Chiyangwa.

The court heard that on March 10, then Zifa chief executive Jonathan Mashingaidze reported the matter to the police, leading to Rushwaya’s arrest.

Fungai Lupande : Court Reporter

A Pakistan couple whose three-year-old daughter was allegedly raped by their Zimbabwean driver has fled the country for fear of appearing in court which they said is against their religion. The accused, Kudakwashe Mudede (26) was yesterday removed from remand after State indicated that the complainant had gone AWOL.The prosecutor Mr Sebastian Mutizirwa told the court that the complainant cannot come to testify because the family fled to Pakistan after indicating that it was against their religion to come to court.

Allegations are that on July 2, this year around 8pm the toddler told her mother that she was feeling pain after urinating.

The mother checked her private parts and saw blood on her pant.

The court heard that the toddler opened up to her mother and said Mudede had raped her.

It is alleged the toddler indicated that Mudede threatened to throw her outside their precast wall and feed her to dogs if she disclosed the sexual assault.

The mother reported the matter to the police and Mudede was arrested.

The toddler was sent for medical examination and her medical report was kept as exhibit.

Harare magistrate Mr Tendai Mahwe presided over the matter.

Prosper Dembedza : Court Correspondent

Former MDC-T Member of Parliament Timothy Mubhawu has won a protection order against his wife, Elizabeth Molleen Mubhawu.Harare Civil Court magistrate Mrs Gamuchirai Siwardi granted the order in Mubhawu’s favour which barred Elizabeth from physically, verbally or emotionally abusing him.Mubhawu claimed that Elizabeth was in the habit of bringing boyfriends to his house.

He told the court that he wanted Elizabeth banned from coming to his place of residence as she was also economically, verbally, psychologically and physically abusing him.

The former MDC-T legislator also claimed that Elizabeth was in the habit of making false reports against him to the police just to fix him. He said his wife was also in the habit of abusing his relatives whenever they visit.

However, Elizabeth denied the allegations claiming that they were lies and fabrications.

In early June this year, Mubhawu appeared in court accused of striking his wife with a machete and she later withdrew the matter after he asked for forgiveness.

Timothy Mubhawu

Fungai Lupande : Senior Reporter

THE trial of former MDC-T MP for Mabvuku Timothy Mubhawu failed to take off yesterday after his lawyer and prosecution exchanged harsh words after it emerged that the State’s house was not in order. Mubhawu (55) is facing charges of breaching a protection order. The prosecutor Mr Crispen Chikafu, indicated that he was ready for trial, but there was an outstanding statement from one of his witnesses which he wanted to have recorded.“This witness is the person who accommodated the complainant on the day she was chased,” he said.

“I understand that the Constitution is clear that the accused must be served with all documents to allow him to prepare his defence. Is the defence counsel amenable to have the matter postponed so that the outstanding statement can be recorded.”

In response Mubhawu’s lawyer Mr Tungamirai Chakurira, said the State’s conduct was unprofessional.

“State is not supposed to delve in investigations, what they are asking for is furthering investigations,” said Mr Chakurira.

“By all measure this is wrong. Also, the charge sheet we were given to prepare our defence is different from the one we saw in court today.

“This is unethical of my colleague. I was prepared to excerpt to the charges.”

The defence counsel was served with correct State papers before Harare magistrate Mr Vakayi Chikwekwe postponed trial to August 17.

It is 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.

On June 6, Molleen allegedly returned 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 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.

Freeman Razemba : Crime Reporter

Police will not hesitate to use “force on rogue” elements bent on disturbing peace and tranquillity in the country, Police Commissioner-General Dr Augustine Chihuri said yesterday. He said those who wanted to cause disorder in the country should not cry foul and label the force as “brutal” when they enforced peace.“Safeguard the peace we have because when lost, it is difficult to regain. I appeal to Zimbabweans to take note of this, to look at what they are doing, whether they are contributing to peace or they are undermining it. When that happens we show up. What we do is we will force you because we know and understand what it means (to safeguard peace).

“We will force you to respect peace and orderliness. People must not complain and say police are brutal. We are not brutal, we are there to ensure that peace prevails all the time. If you want to cause disorder, blame yourself,” said Dr Chihuri while addressing senior officers in Harare yesterday.

He said there were some groups and individuals he labelled as “loud-mouths” who used the social media to disturb peace and encourage disorder in the country.

Others, Dr Chihuri said, decided to go to the Diaspora, but continued to meddle with the internal affairs of the country.

“Challenges come and go. There is hardly a nation without any challenges. If the situation was greener in the Diaspora, people there would not be complaining. They are complaining because the situation is tough there too.

“Havako kunoka kumusha. Saka kana iko urikumutambara kede, so why? Why are you complaining about what’s happening here? It’s a clear indication that the situation is tough there too,” he said.

Dr Chihuri added, “We know what is happening there. They work more than three jobs and so they went into voluntary slavery and they want to forget that peace is necessary. Let them come back and enjoy the peace so that we can work together to build our own country rather than complaining and becoming agents of violence.”

He said toyi-toying along the streets would not provide bread on the table.

Last week, scores of people were injured, while property worth thousands of dollars — including vehicles — was damaged when shadowy groups, civic organisations and MDC-T supporters ran amok during demonstrations against the proposed introduction of bond notes and unemployment in Harare.

United States Ambassador to Zimbabwe, Mr Harry Thomas Jr and his French counterpart, Ambassador Laurent Delahousse, were accused of having a hand in last month’s disturbances in Harare and Bulawayo.

Zimbabwe Republic Police Commissioner-General Dr Augustine Chihuri is welcomed by Chief Superintendent Fungai Marange at Police General Headquarters in Harare yesterday. — Picture by Tawanda Mudimu

Freeman Razemba : Crime Reporter

Police Commissioner-General Dr Augustine Chihuri has urged the nation to take heed of President Mugabe’s call for peace and desist from acts that ignite violence. He said the force was not brutal and people should not complain when officers were deployed to maintain law and order. “His Excellency, the President of the Republic of Zimbabwe, Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces Cde RG Mugabe, enjoined us to hold fast to the peace we have by ensuring that it is the responsibility of everyone to safeguard, promote, cultivate and sustain peace.“As a nation, we need to take serious heed to the message by His Excellency. This is why we earnestly urge and appeal to some of our people out there to desist from acts that ignite, flare and fan violence,” Dr Chihuri said.

He said in most cases, rogue elements cried foul after police moved in to quell violence.

Dr Chihuri was addressing 13 officers who recently returned into the country from international peacekeeping duties in Darfur and Liberia under the United Nations.

Another one, Chief Inspector Christopher Tapfumaneyi is set to leave Zimbabwe for South Sudan as an Advisor to the Joint Integrated Police (JIP).

Dr Chihuri said from the reports by the returning contingent, they had experienced the devastating effects of war.

“War is destructive. War creates a vacuum. In this vacuum countless lives are lost, plundering and looting is the order of the day, the most vulnerable are the most exposed and most tragically the essence of humanity is lost,” he said.

He said peace was a delicate gift from God and when it was lost, it was difficult if not possible to regain it.

Dr Chihuri said it was a myth that when peace was lost, it could be easily gained.

“This is why it is said people pick up the pieces after any war. This is an illusion. Pieces can never substitute the destroyed whole. As a nation, we need to guard jealously the peace we enjoy,” he said.

He applauded the officers for consistently rising to expectation and performing their duties with distinction and outstanding professionalism.

“The excellent pattern of good work is quite inspirational and it shows that our officers have been faithful stewards of the faith, trust and confidence reposed upon them by the organisation and the country at large,” Dr Chihuri said.

He said like their predecessors, the officers remained faithful to the mandate and terms of reference conferred upon them.

Dr Chihuri said this understanding fashions the measure and content of character as vindicated by loyalty, discipline, integrity, commitment, honesty and devotion to the principles and spirit of the assigned mandate.

He said it was their view that the nobility of peacekeeping should continue to be upheld and that the force would continue to support and have their officers serving on these international peacekeeping duties.

Thupeyo Muleya Beitbridge Bureau
Two senior South African immigration officers based in Limpopo were on Friday taken to court on charges of taking bribes from Zimbabwean travellers and asylum seekers entering that country through Beitbridge Border Post.

The suspects were arrested on Thursday afternoon following intensive investigations that began in 2012.

The duo was arrested by the Hawks, a special anti-corruption investigations unit, which deals with organised crime.

Hawks’ Limpopo spokesperson, Captain Mapimba Maluleke, said the first suspect, Mafemani Peter Baloyi (36) who is an assistant manager at Giyani, was arrested for crimes he committed while at Beitbridge Border Post.

“Baloyi is facing charges of corruption, fraud and extortion. He was remanded in custody to 15 August.

“The second suspect, Ntshengedzeni Sharon Mudau (42), who is an immigration officer at Beitbridge, was granted R2 000 bail pending trial on September, 28” he said.

Capt Maluleke said Baloyi was in the habit of soliciting for bribes from asylum seekers from different countries during his days as a manager at Beitbridge Border Post.

Tendai Rupapa Senior Court Reporter
A serial fraudster, who allegedly swindled several people in Mabelreign of cash and valuables after lying to their maids that she had been sent to collect the items, has been arrested and remanded in custody.

Moreblessing Mavhura (30) is alleged to have misrepresented to her victims that their employers had asked her to collect money and electrical gadgets that included television sets, laptops and iPads.

She reportedly went away with cash and property worth more than $2 000.

Among the victims was Ms Valerie Ngoma, a regional prosecutor at the Harare Magistrates’ Court, who lost cash and a laptop after her maid was duped by Mavhura’s tricks.

Mavhura appeared before magistrate Mrs Vongai Muchuchuti-Guwuriro, who remanded her in custody to August 23 for trial.

Prosecutor Ms Venencia Mutake advised the court that Mavhura was not a proper candidate for bail since she was once jailed for similar offences a few years ago.

According to the State, Mavhura would approach the maids asking to see the owner of the house and when told the owner was not available, she would pretend she had forgotten the name and when given this by the maid she would save the name with one of her phone numbers.

She would then send herself a message using another phone instructing the maid to give her money or whatever she would have asked for.

Mavhura would pretend to be the owner of the house in the text message, instructing the maid to give her items like computers, iPads and televisions.

On August 1, Mavhura went to a house in Meyrick Park and approached Rachel Chichetu whom she told that she had been sent by the owner of the house to collect cash and a television set.

She went away with the property.

The following day she proceeded to another house and approached Beauty Kabondo at around 3pm.

She lied to Kabondo that she had been sent by her employer to collect a laptop so that she would install games and she was given an HP laptop.

Mavhura managed to swindle several unsuspecting maids in this fashion.

Margaret Matibiri Herald Reporter
A land baron formerly employed by the Ministry of Local Government, Public Works and National Housing who defrauded home seekers of more than $80 000 was on Thursday slapped with an effective five year jail term.

Simon Boora (33), who was a chairman of a housing cooperative, was convicted of six counts of fraud after a fully contested trial.

He was denying the charges but the State led by Ms Francesca Mukumbiri managed to prove its case.

Magistrate Mr Tendai Mahwe sentenced Boora to a combined 12 years behind bars before setting aside three years on condition of good behaviour.

For each count, Boora was sentenced to two years in prison bringing the number of years to 12.

Four years were further suspended on condition Boora restitute $80 277 to the complainants.

Mr Mahwe then effected five years.

When Boora initially appeared in court he was jointly charged with Grace Panemene (28), Audrey Ndofeni (27), Aaron Muzaza (26), Joseph Muwanzi (24), Stephen Mupambo (30), Owen Katsande (32) and Ignatius Mugoni (29) who were later cleared of the charges.

Boora misrepresented to the complainants that his housing cooperative called Mukushi had been given permission by the ministry to sell stands in Pomona on behalf of the ministry.

It was proved that the Ministry of Local Government, Public Works and National Housing had never allocated any stands to any developer or any housing cooperative.

Boora tricked the complainants by using stamps and other documents that were used by the ministry.

He had accessed the stamps and documents from the ministry during the time he was still its em- ployee.

Payments of the said stands were either made directly to Boora or transferred to Mukushi Housing Cooperative’s POSB bank account.

Court Reporter
a 37-year-old man allegedly sodomised and raped his 14-year-old daughter in the presence of her young sibling after offering to share blankets because of the cold weather.

The father was entrusted with the custody of the children as the mother had travelled to South Africa.

He appeared before Harare magistrate Mr Tendai Mahwe on Friday charged with two counts of rape.

He was remanded in custody to August 25 and was advised to apply for bail at the High Court.

Prosecutor Mr Sebastian Mutizirwa alleged that the children were left in the custody of their father sometime in April this year.

During the first days of his wife’s absence the man slept in the bedroom while his daughters slept in the kitchen.

It is alleged that sometime in July the man came back from work and found his daughters already asleep in the kitchen.

After eating his dinner, he allegedly sneaked into his daughter’s blankets and started watching television.

He allegedly started fondling the teenager’s breast and she woke up and ordered him to stop it.

It is alleged the accused continued but later stopped and went to his bedroom.

In July the accused invited his daughters to join him in the bedroom and share blankets because it was cold.

The children complied and it is alleged that in the first two days their father made the younger child sleep in the middle but on the third day the younger child wetted the bed and the father ordered the siblings to swap sleeping positions.

The teenager was now in the middle and around midnight the same night the accused started fondling his 14-year-old daughter’s breasts.

It is alleged that she woke up and found her father naked.

She asked why he was caressing her, the father remained silent and they went back to sleep, the court heard.

The following day the teenager was awakened by her father who was caressing her and he ordered her to be silent.

The father undressed the teenager and sodomised her.

It is alleged they went back to sleep but the father woke up again and raped her.

He allegedly told his daughter not to tell anyone of the sexual assault.

It is alleged the teenager later phoned her mother and informed her of her ordeal.

The mother came back from South Africa and reported the matter to the police.

The teenager was sent for medical examination and the affidavit will be produced in court as an exhibit.

Chris Mutsvangwa

Fungai Lupande Court Reporter
A Harare man, Neville Mutsvangwa (36), appeared in court on Friday for allegedly raping a 43-year-old woman at an office in Harare. Mutsvangwa, who is the son of Zimbabwe National Liberation War Veterans Association chairman and former Norton legislator Mr Christopher Mutsvangwa, appeared before Harare magistrate Mr Vakayi Chikwekwe charged with two counts of rape and aggravated indecent assault.

He was remanded to August 28 on $50 bail.

The court heard that Mutsvangwa lives in Wyndbee Road, Philadephia, Borrowdale, Harare, and is employed at Anjin Diamonds, Airport Road, also in Harare.

Prosecutor Mr Sebastian Mutizirwa alleged that Mutsvangwa and the complainant used to play casino together at Borrowdale Race Course. It is alleged that on August 8 this year around 6 pm the complainant met Mutsvangwa and they played casino until 4am.

The complainant was offered a lift to town and when they arrived at Harare Sports Club, Mutsvangwa drove to 3 San Fernando along Fifth Street and invited the complainant to his office, the court heard.

It is alleged the complainant asked to use a toilet and indicated she wanted to leave but Mutsvangwa asked her to enter his office where he was allegedly already naked, the court heard.

Mutsvangwa allegedly told her that he had been admiring her for a long time and wanted to have sexual intercourse with her and that when she refused, he allegedly grabbed her neck from behind and forced her to have oral sex with him before forcing her to undress.

Mutsvangwa allegedly raped the woman after putting on a condom and it is alleged that he forced the woman to have oral sex with him again.

He allegedly drove the complainant who was in tears to Joina City in Harare.

He offered her $20 and the complainant refused and proceeded to Harare Central Police Station to report the matter.

Deputy Commissioner Matibiri

Fungai Lupande Court Reporter
A Harare man who impersonated Deputy Commissioner-General Innocent Matibiri and defrauded Blue Ribbon Foods Limited of maize-meal and wheat bran worth $8 000 has been jailed for one year.

Stanislaus Mukawo of Mufakose, Harare, was sentenced last Friday to two and a half years in prison on seven counts of fraud.

However, Harare magistrate Mrs Tilda Mazhande suspended one year on condition he pays back Blue Ribbon Foods the $7 830.

Furthermore, six months were suspended for five years on condition of good behaviour.

The complainant was Blue Ribbon Foods Limited represented by its finance manager, Ms Eustice Mubvurungwa.

The prosecutor, Ms Tariro Gwatidzo, said on several occasions from October 2014, Mukawo visited Blue Ribbon Foods Limited buying small quantities of mealie-meal and wheat bran purporting he was sent by Deputy Comm-Gen Matibiri.

Mukawo indicated that the goods were for Deputy Comm-Gen Matibiri’s piggery at his Chidzidzi Farm.

Sometimes Mukawo placed cash orders through phone calls to Ms Mubvurungwa. Sometime in July last year Mukawo phoned Ms Mubvurungwa using mobile number 0782 421 929 misrepresenting that he was Deputy Comm-Gen Matibiri.

He asked Ms Mubvurungwa to authorise him to purchase bulk mealie-meal and wheat bran on a 30 day credit plan, indicating that he had the capacity to pay.

After sweet talking the finance manager, Mukawo managed to walk away with 1 000 x 10kg and 40 x 50kg of Chibataura roller meal valued at $5 430.

He also obtained 400 x 25kg and 250 x 20kg of wheat bran valued at $2 400.

On March 10, this year Dep Comm-Gen Matibiri was served with High Court summons for non-payment of $7 830.

He filed a police report and detectives followed up on some of the vehicles used to ferry the loot.

The drivers Tonderai Machingura, Tinashe Rusike and Tendai Muchenge were picked up. They implicated Mukawo and said they delivered the goods at Tabeth Mudzamiri’s house in Graniteside Flats, Ardbennie, Harare.

On March 15, 2016 a trap was set for Mukawo and he was arrested outside the gates of another milling company, Victoria Foods in Harare’s Willowvale industrial area.

Felex Share Senior Reporter
The Zimbabwe Anti-Corruption Commission (ZACC) has reinstated eight of the 19 investigation officers it recently suspended for alleged corruption, insubordination and divulging the organisation’s secrets.

The remaining 11 officers, who all face similar charges, are still under investigation.

The eight, who were suspended for three months, were reinstated after serving only six days of their suspension, raising suspicions that senior managers at the anti-graft body could be vicitimising the workers.

ZACC employees argue that the victimisation emanates from their pursuit of a labour case in which they won an arbitral award of $1,5 million for outstanding allowances and benefits.

They also accuse some managers, led by acting secretary Mr Silas Pondo, of attempting to block the investigation of some high profile cases.

Some of the senior executives at the commission are alleged to be involved in the high profile cases.

ZACC chairperson Dr Job Whabira confirmed the reinstatement of the eight officers in letters dated August 5.

“Following your suspension from duty on the 28th of July and subsequent investigations carried out by the Commission, it has been established that you have no case to answer with regard to the allegations,” reads the letter.

“Please be advised that you are required to resume duty with immediate effect.

“You have to notify the human resources office on your resumption of duty.”

ZACC spokesperson Ms Phyllis Chikundura yesterday said those reinstated were Matthew Sithole, Charles Sepe, Esnath Katsamba, Rufaro Kunyenda, Soneni Chavizha, Berstern Matope, Masimba Victor and Forbes Mupotsa.

“The others from the list of those suspended are still under investigation,” she said.

All the suspended workers are on salary.

“Sources yesterday raised queries at the pace and manner in which the suspensions and reinstatements were being handled.

“In the July 28 letter the Commission sent to the workers, the relationship between the two parties was branded as untenable and one wonders how this unsound relationship had changed overnight, inside six days when these reinstatement letters were written,” said the source.

“This is clear evidence that the allegations are unfounded and they simply want to intimidate the workers to withdraw their court case and someone is blocking something here.

“Remember those who indicated that they were not pursuing the court case were spared from suspension.

“The eight have been reinstated without any investigation or hearing as required by the law and one wonders what the reasons for their suspension were in the first place.”

The source said it was surprising that the anti-graft body managers wanted to revive charges which some workers were cleared of by the previous commission years back.

The July 28 suspensions came two days after the affected employees signed letters confirming to management that they were pursuing the $1,5 million arbitral award they won at the Labour Court in 2014.

ZACC acting secretary Mr Pondo in a letter to the workers dated July 26, 2016 demanded that they indicate whether or not they would pursue the labour case.

“It is deemed necessary that you indicate whether you indeed instructed the lawyers to write responding to the memo which was directed to yourself seeking to know your position regarding the matter,” read the letter.

“You are therefore, still required to show your position on the items provided below and then sign on the space provided.”

Six investigating officers who indicated that they were not pursuing the matter were spared while the 19 got suspended.

The suspended investigating officers’ lawyers, Joel Mambara and Partners had written to Mr Pondo telling him that the labour case could not be withdrawn.

Said the lawyers: “We advise that our clients are still pursuing this matter. In fact we are awaiting a hearing date for the quantification application given that our efforts to engage you have been fruitless.

“We also note with concern that you have ejected our clients from their offices and withdrawn the vehicles they were using. Be rest assured that no threats or intimidation of any sort will deter our clients from pursuing what is lawfully theirs.”

Some managers are also alleged to be always demanding documents of high profile cases the investigating officers would be working on.

Prosper Dembedza Court Correspondent
Two men yesterday appeared in court for allegedly conniving with a top State security agent to steal a motor vehicle from South Africa before smuggling it into the country.

Samson Marufu (34) and Hillary Nduna (41) were facing theft of a motor vehicle charges when they appeared before Harare magistrate Mr Tendai Mahwe. They were remanded in custody to August 29 and advised to apply for bail at the High Court.

Prosecuting, Mr Peter Kachirika had earlier on opposed bail arguing that the duo had committed a third schedule offence. It is alleged that sometime in January 2015, the duo, acting in common purpose, connived with Abdul Ishmael, Mbereki Mbizvo Nyathi, who was a senior state security agent who is already on remand at Harare Central Prison and Bernard Chiweshe who is still at large as well as their other accomplice based in South Africa to steal a BMW 320D and brought it to Zimbabwe.

The court heard that Marufu obtained the vehicle from Chiweshe and handed it over to Nduna. It is alleged that they fraudulently obtained a registration book from the Central Vehicle Registry. The court heard that the duo evaded the payment of import duty to the Zimbabwe Revenue Authority. It is alleged that Nduna later gave the vehicle to Ishmael who took it to Nyathi for safekeeping.