Fungai Lupande Court Reporter

The chief clerk at Police General Headquarters (PGHQ) yesterday appeared in court accused of stealing $1 500 from the police welfare fund. Elias Kasimo (41) appeared before Harare magistrate Ms Bianca Makwande facing fraud charges. He was remanded to October 14 for his trial date.The complainant is PGHQ Crime Department Welfare Fund represented by Superintendent Robert Majada.The prosecutor Mr Peter Kachirika alleged that on March 1, 2014 PGHQ crime department established a welfare fund with the objective of providing financial assistance to its members.

Members paid monthly subscriptions to the fund.Kasimo was appointed as the treasurer of the fund and his duties included receiving subscriptions and banking the money into the fund’s POSB bank account.

He also prepared financial statements and reports for the fund.The court heard that between January 22 and July 12 this year Kasimo received $1 500 as monthly subscriptions and loan repayments. It is alleged Kasimo did not deposit the money into the bank account and instead converted it to personal use.

On June 24, this year during a meeting between chief staff officer, crime and members of the welfare fund Kasimo showed them a fake POSB bank statement as proof that the money was accounted for.

He advised the meeting that the current balance was $1 063, 96. Suspicious of the bank statement, on July 27 chief staff officer requested another bank statement from POSB. The court heard that the second bank statement reflected a balance of $68,24.

Court Reporter

Two Chitungwiza men who broke into Mabelreign homes in Harare and stole LCD televisions and electronic gadgets have appeared in court. Gift Gandiwa (27) and Munyaradzi Muchineuta (37) appeared before Harare magistrate Ms Bianca Makwande facing unlawful entry charges.In their application for bail, Gandiwa told the court that he unknowingly bought stolen goods from Muchineuta’s wife.In response, Muchineuta said Gandiwa was not being truthful.

“He is the one who supplied my sister with the stolen goods and my job was to carry the loot,” said Muchineuta.“My sister who was in the gallery is the one who asked me to carry the goods for her.”Asked by the magistrate why the police decided to arrest him and not his sister, Muchineuta said he was nabbed while ferrying the loot.Ms Makwande denied the pair bail and remanded the matter to October 20.

Prosecuting, Mr Sebastian Mutizirwa told the court that although the pair was arrested for stealing from two houses, they made indications to eight other houses.

He alleged that on August 7 this year at around 10pm the pair approached a house in Mabelreign.They allegedly scaled a precast wall and force-opened a kitchen window and cut the burglar bar to gain entry.The court heard that Gandiwa and Muchineuta stole a 32-inch LCD television set and its remote control worth $300 and went away.

The offence was discovered the following day and the complainant reported the matter to the police.The following day, in the wee hours of the morning, the pair went to another house and stole a 42-inch LCD television, a DVD player and a Samsung tablet.The stolen goods were worth $3 525 and some of the stolen goods were recovered.

Innocent Ruwende Municipal Reporter

Three members of the Kuwadzana Home Industry Housing Cooperative have been imprisoned five years each for illegally parcelling out 24 hectares of council land.Silas Madombi, Misheck Mukamira and Dumisani Zhou had pleaded not guilty to fraud charges when they appeared before Harare magistrate Mrs Vongai Muchuchuti-Guwuriro but they were convicted because of overwhelming evidence.

The trio converted an open space reserved for recreational purposes, measuring 24 hectares into illegal housing stands prejudicing council of $1,1 million.

Of the five years, one year was suspended on condition of good behaviour and a further two years and six months were suspended on condition that the trio restitutes council the $1,1 million before December 30 this year.

According to papers presented in court by council representative in the matter Mr Funny Machipisa, orders to vacate the land were issued but members of the cooperative led by the jailed leadership refused to move off the land.

Last month another land baron formerly employed by the Ministry of Local Government, Public Works and National Housing Simon Boora was slapped with an effective five-year-jail term for swindling home seekers of more than $80 000.

Boora (33), who was a chairman of a housing cooperative, was convicted of six counts of fraud after a fully contested trial.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 employee.Payments of the said stands were either made directly to Boora or transferred to Mukushi Housing Cooperative’s POSB bank account.He was denying the charges but the State led by Ms Francesca Mukumbiri managed to prove its case.

Stunner

Fungai Lupande Court Reporter

Prosecution yesterday urged the court to send hip hop artiste Stunner, real name Desmond Chideme, to jail and set an example on him for negligent driving without a valid driver’s licence.Chideme pleaded guilty to negligent driving and driving without a licence following cancellation of his warrant of arrest.He rammed into four parked cars, damaging them while driving a Toyota Lexus registration number ADG 3577.

In mitigation through his lawyer Mr Dumisani Mtombeni, Chideme pleaded for the court’s lenience in sentencing him.He said he was struggling to make ends meet in the music industry.

“The accused person is married with three children and also takes care of his disabled 60–year-old mother he regularly takes to physicians,” said Mr Mtombeni

“Like many of us, he has been hard hit by harsh economic conditions as he can no longer make a living out of CD sales because of piracy. He further owes producers for the work done to come up with his latest album.”Mthombeni added that Chideme was remorseful and made efforts to rectify the damages sustained.

“The accused person assisted victims by settling their medical bills. He even went further composing a song that raises awareness against road rage in collaboration with Zimbabwe Republic Police,” he said.

“The reason why he ended up in this situation was because he had an emergency. His son was said to have collapsed and he wanted to rush home and get the minor to a hospital otherwise that car had been parked ever since its purchase

“I believe a fine of $100 or less would meet the justice of this offence as it was not premeditated. It was an accident and no one is immune.”The prosecutor Mrs Devoted Nyagano was having none of that. She urged the court to send Chideme to jail.

“The accused person pleaded guilty not because of contrition but because he was aware that there is no way out since there is overwhelming evidence. He is a celebrity who is highly regarded by society and ought to have upheld the law and not driven without a licence.

“There is no proof that he repaired the said vehicles and if the court were to look into a local tabloid today he was photographed behind the wheel meaning he is not repentant. An example should be set because statistics of people driving without licences are on the rise and more people are losing their lives,” she said.

Harare magistrate Ms Nomsa Sabarauta will sentence Chideme today.Mrs Nyagano told the court that on June 20 this year Chideme was driving along Jason Moyo Avenue in Harare. He lost control of the vehicle and it veered off the road to the right side and hit four vehicles in the parking bay.

As a result of the accident a fifth car hit a pedestrian, Douglas Sachikonye, who was walking on the pavement.Sachikonye suffered a fracture on the pelvis. Another pedestrian Norest Murungweni sustained minor injuries during the accident.Chideme’s car rested on the precast wall of Old Mutual building causing extensive damages.

Court Reporter

The Ministry of Lands and Rural Resettlement, land information management system deputy director allegedly swindled Impact 360 chief executive, Nicholas Bhero of $9 000 in a botched land deal.Teererai Matimba (50) pleaded not guilty to criminal abuse of duty as a public officer when he appeared before Harare magistrate Mrs Vongai Muchuchuti-Guwuriro.

In his defence, Matimba said his former workmate Tigere Edmore Christmas gave him a loan when his father was critically ill.“Christmas advanced me $6 000 to cover medical bills and I thanked him. I was surprised later to hear that he had been paid to facilitate land allocation to various people,” said Matimba.

Matimba applied for discharge at the close of State case saying there is no evidence to prove the essential elements of the offence.“State failed to prove essential elements of the charge and no evidence was led to show that I did anything contrary to my duties,” said Matimba.Prosecuting, Mr Progress Maringamoyo will respond to the application today.

It is alleged that between August 2013 and April 2014, Matimba was approached by Christmas.The court heard that Christmas was in the company of Bhero who was seeking land.

Matimba allegedly demanded $9 000 to facilitate the allocation of gazetted land at Rusforntein Farm in Chikomba District.It is alleged Bhero gave Matimba $9 000 which he paid in three instalments.

Thereafter Matimba took Bhero to Subdivision No. 5 of Rusforntein Farm which was allocated to another beneficially.Bhero lost $9 000 and nothing was recovered.

Fidelis Munyoro Chief Court Reporter

OPPOSITION groups fighting the police ban on demonstrations have approached the Supreme Court contesting the High Court decision which upheld a proclamation to stop marches and protests in Harare Central Business District until October 15.The appeal follows Judge president George Chiweshe’s decision last week dismissing two urgent chamber applications seeking to invalidate proclamations by police to ban demonstrations in the city centre.

The opposition groups compromising the Zimbabwe Lawyers for Human Rights, Zimbabwe Divine Destiny, Democratic Assembly for Restoration and Empowerment, National Electoral Reform Agenda, Combined Harare Residents Association and Stendrick Zvorwadza (a political activist) filed the appeal on Friday.

Lead legal counsel in the matter, Mr Tendai Biti on Sunday confirmed that they had taken the matter up to the superior court citing several grounds of appeal.

“Yes, I can confirm that we filed the appeal to the Supreme Court on Friday,” said Mr Biti, without giving further details on the matter. Mr Douglas Mwonzora, the Nera secretary–general also confirmed the appeal was filed on Friday.

The applicants were seeking to have the High Court to set aside the Government Notice No. 239 (A) of 2016 by the Zimbabwe Republic Police (ZRP) Chief Superintendent Newbert Saunyama as it restricts the right to demonstrate as guaranteed in the Constitution of Zimbabwe.

Justice Chiweshe, also threw out an earlier provisional order issued by Justice Priscilla Chigumba in favour of the pressure groups after finding fault with parts of the draft final order. The nullified provisional order, invalidated the Statutory Instrument 101 (A) of 2016 that brought into effect the initial two-week ban on demonstrations in Harare’s Central Business District by the police in August.

The Judge President’s latest decision confirmed the validity of the police’s 30-day ban on demonstrations in Harare’s CBD, putting to rest contestations by pressure groups and political activists.

The pressure groups were seeking to invalidate Statutory Instrument 245 of 2016 banning demonstrations in the city between September 16 and October 15 this year for public order reasons.

They contended that the notice was unconstitutional and that it ought to be quashed.

In a comprehensive judgment that also took into account arguments by the pressure groups to have Justice Chigumba’s provisional order confirmed, the Judge President terminated his fellow judge’s temporary decision.

The JP ruled that the police acted lawfully and that Section 27 of the Public Order and Security Act (POSA) which brings limitations to the people’s right to demonstrate and petition was fair and justified.

“Taking all these factors and considerations into account, I am satisfied that based on a value judgment, the provisions of Section 27(1) of the Public Order and Security Act satisfy the requirements set out under Section 86(1) of the Constitution, namely that the limitation it imposes on the right to demonstrate as enshrined under Section 59 of the Constitution is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom,” he said.

“Accordingly, I would hold, as I hereby do, that Section 27(1) of POSA is not ultra vires the Constitution. It meets the requirements of constitutional validity.”

In determining the fairness and reasonableness of the limitation imposed by POSA, the JP relied on value judgment. Discharging Justice Chigumba’s provisional order, Justice Chiweshe said he disagreed with various parts of the draft final order.

“Firstly, having now heard full arguments, I do not agree in principle with the import of paragraph (a), (b) and (c) of the draft final order,” he ruled. “My views on these issues have been canvassed in this judgment. Secondly, paragraph (a) seeks to saddle the first respondent personally with costs.” The Judge President’s ruling means no demonstrations shall be held in Harare’s CBD up to October 15 this year.

Court Reporter

Apostolic Faith Mission Ruwa pastor Oliver Makomo, who is accused of raping a congregant, was yesterday remanded to November 3 for a trial date.Makomo (49) yesterday appeared before Harare magistrate Ms Bianca Makwande facing rape charges and is out on $100 bail.The prosecutor Ms Audrey Chogumaira told the court that the docket was sent back to the police station for further management.It is alleged that sometime in 2012, Makomo visited the complainant (22) at her workplace.

The court heard that he asked for her phone number and they started communicating before asking if she was still virgin. Sometime in 2013, the complainant contacted the pastor to get help with her nose bleeding problem.Makomo allegedly invited her to his church office located at No.2 Gallowway Estate in Ruwa and prayed for her.

After the prayer session, Makomo reportedly locked the door and proceeded to hug, kiss and insert his fingers into the complainant’s private parts.

She did not reveal the sexual assault to anyone. Sometime in 2013, Makomo allegedly invited the complainant to his house where she slept over.

During the night, Makomo allegedly sneaked into the spare-bedroom where she was sleeping, spat an unknown liquid substance into her mouth and raped her. Again the complainant did not reveal the sexual abuse to anyone.

The court heard that sometime in 2014, the complainant was invited to the pastor’s house. His wife had gone to South Africa and during the night Makomo sneaked into the spare bedroom and raped her, it is alleged.

On December 23, 2014 the complainant was invited again to the pastor’s house where she was raped again.The complaint later revealed the sexual assault to her boyfriend on August 22 last year.The boyfriend allegedly confronted Makomo who then reportedly asked for forgiveness.

Beitbridge Bureau

A 47-year-old South African man has been arrested by a special police anti-corruption unit, the Hawks, for allegedly issuing identification documents to illegal immigrants, among them Zimbabweans.The Hawks are South Africa’s Directorate for Priority Crime Investigations (DPCI), which specialises in investigating organised crime, economic crime, corruption and other serious crimes.In most instances, these targeted crimes are referred to the Hawks by that country’s Head of State or the South African Police Service (SAPS).

The Hawks’ provincial spokesperson for Limpopo, Captain Mapimba Maluleke, said they arrested Simon Pelle on Sunday following a tip-off in the Tom Burke area.He said the man had since been charged for impersonation, fraud and contravening some sections of that country’s Immigration Act.

“The suspect appeared at the Phalala Magistrate Court, where he was remanded in custody until the 17th of October, pending further investigations.

“His arrest came after we received information that he was in possession of Home Affairs stamps and that he was assisting foreign nationals to get fraudulent birth certificates and ID books, wherein they had to pay for his illegitimate services,” he said.

Capt Maluleke said they recovered home affairs name tags, application forms for birth certificates, fingerprints pads and R7 000 cash.He said further investigations into the matter were underway.The arrest comes a few weeks after two senior South African immigration officers from the same province were arrested by the Hawks, for taking bribes from Zimbabwean travellers and asylum seekers entering the neighbouring country through Beitbridge Border Post.

The suspects were arrested following intensive investigations which began in 2012.The arrest brings to 18, the number of people who have been arrested in Limpopo Province between May and August this year on charges of corruption and fraud.

In May, 15 people including police and immigration officers, along with customs clearing agents, were arrested on allegations of facilitating illegal migration among other underhand dealings at the Beitbridge Border Post.

They were arrested following investigations conducted over a period of six months.Four people have been arrested on the Zimbabwean component of the border since the introduction of secret cameras after they were seen taking bribes from travellers.Among those arrested are two police and two immigration officers.

The incident comes shortly after the South African government gave Zimbabwean authorities the nod to deploy officers to issue passports, birth certificates and national identity cards to locals residing there.

Deputy Home Affairs Minister Obedingwa Mguni said the documents would be issued at selected points in the neighbouring country, as soon as the South African authorities identify sites to conduct the exercise.He said they would also approach Botswana to carry out a similar programme.

Fungai Lupande Court Reporter

A Harare law firm was yesterday dragged to court by its client for allegedly duping him of $28 000 he won in a legal battle against Venturas and Samukange Legal Practitioners.F.M Katsande and Partners, represented by Francis Katsande, appeared before Harare magistrate Mr Arnold Maburo.The law firm is facing theft of trust property charges. Katsande pleaded not guilty.Mr Maburo remanded the matter to November 3 for trial.

The law firm was ordered not to interfere with witnesses pending finalisation of the matter. The complainant is a director of Mydale International Marketing Private Limited, Mr Peter Valentine.

Prosecutor Mrs Idah Maromo-Mateke alleged that sometime in 2009 Valentine engaged Katsande’s law firm to represent his company, Mydale International Marketing Private Limited at the High Court.

It is alleged that the High Court judgment ordered Venturas and Samukange Legal Practitioners to pay Mydale International Marketing Private Limited $28 500 through the Registrar of the High Court. The money was paid and it was reportedly transferred by the Registrar of the High Court into F.M Katsande and Partners’ bank account on May 30.

It is alleged that the law firm converted the money into its own use.The offence came to light after Valentine approached the law firm demanding his money and was told that the case was still pending at the High Court.

Out of suspicion, Valentine approached the High Court and obtained proof that the money had been transferred into F.M Katsande and Partners’ bank account.Valentine lost $28 000 and nothing was recovered.

Snr Asst Comm Charamba

Crime Reporter

EIGHT people were killed in separate road traffic accidents and murder cases that were recorded last week.According to police, the murder cases were recorded in Banket, Murehwa, Bindura and Lupane, while four people were killed in Hwange.Chief police spokesperson Senior Assistant Commissioner Charity Charamba said a 32-year-old man from Dondo Farm in Banket was fatally assaulted by three gold panners following a misunderstanding in a bar.

The man died after being transferred to Parirenyatwa Hospital from Banket Hospital.“In the second incident, a 69-year-old man from Chikwati Village, Chief Mangwende in Murehwa, was found dead under a tree with a deep cut on the forehead.

“The now deceased left his home and went to Jambawo Shopping Centre, where he met his girlfriend,” Snr Asst Comm Charamba said.She said the two left the shopping centre at around 11am but the man was later found dead.

In another incident, a 52-year-old man was attacked and killed by a colleague following a misunderstanding on their way home from a bar in Lupane last Thursday morning.

A 22-year-old woman was found dead in a field in Chipadze, Bindura last Tuesday afternoon after she was assaulted by a man in his house in Chipindura Park.The man dumped the body in the field covered with two empty 50kg sacks.

“The police is urging members of the public to resolve their disputes amicable without resorting to violence,” Snr Asst Comm Charamba said.She said they were still investigating the cases and were appealing to anyone with information that might assist them to contact any nearest police station or the national complaints desk on (04) 703631.

Meanwhile, four people died when a Nissan Caravan they were travelling in veered off the road and overturned on Sunday night at the 39km peg along Cross-Dete Road near Kamativi Mine in Hwange.The Nissan Caravan was travelling towards Binga with 13 passengers when the driver failed to negotiate a curve and lost control of the vehicle and overturned.

Four passengers died on the spot and their bodies were taken to Hwange Colliery Hospital mortuary for post-mortem.Snr Asst Comm Charamba urged motorists to exercise caution when driving on the road to avoid loss of lives.

Fungai Lupande Court Reporter

A 42-year-old man was yesterday jailed for 16 years for raping an 11-year-old girl who had asked to use a toilet at his house. Rowayi Sairosi pleaded not guilty to rape, but was convicted after a full trial.Harare magistrate Mr Hoseah Mujaya sentenced Sairosi to 20 years in jail, but suspended four years on condition of good behaviour.Prosecuting, Mr Timothy Makoni told the court that on September 4, at around midday, the complainant, who is a Grade 5 pupil was attending a church service.

She needed to relieve herself and looked for a house close to the church.She asked Sairosi to use the toilet and he agreed before ordering her to see him afterwards. He asked the complainant to enter the house and closed the door.

He raped the minor and warned her not to tell anyone of the offence.The complainant went back to church crying and told her mother what had happened.They went to report the matter to the police.In a similar case, a Chinamhora man was sentenced to an effective 12 years in jail for raping his neighbour’s 13-year-old daughter.

Harare magistrate Mr Elijah Makomo sentenced the man to 16 years in prison but suspended four years on condition of good behaviour.Prosecuting, Mrs Molyn Mutamangira said sometime in April 2015, the man went to the complainant’s house during the night after establishing that she had been left at home with her sister.

He called out her name and she refused to open, prompting him to force open the door.He gagged the minor and raped her. The complainant’s young sister started crying and he threatened to stab them if they told anyone about the sexual assault.

The following day the man went back to the house in the dead of the night and raped her again.She failed to report for school due to difficulties in walking.Her teacher heard rumours that she had been raped and interviewed her.The teacher helped her report the sexual assault to the police.

stunner

Fungai Lupande Court Reporter

Hip-hop artiste Stunner, real name Desmond Chideme, was yesterday sentenced to perform 210 hours of community service for negligent driving.Chideme (36) is expected to perform the community service at Greendale District Offices.Harare magistrate Ms Nomsa Sabarauta ordered Chideme to pay a fine of $150 with an option of three months in prison for driving without a driver’s licence.In passing sentence, Ms Sabarauta said she considered that Chideme is a first offender, who pleaded guilty showing contrition. “He is a family man and bread winner, therefore incarcerating him would be a harsh sentence,” she said.

“However, people who drive without a valid driver’s licence should be accountable. Driving without (a) valid driver’s licence is leading to many road carnages.“In this offence, the accused was travelling at high speed, an indication of negligence. At all times, celebrities should strive to abide by the law.”

Chideme rammed into four parked cars while driving a Toyota Lexus registration number ADG 3577.The prosecutor Mrs Devoted Gwashavanhu-Nyagano said on June 20 this year, Chideme was driving along Jason Moyo Avenue. He lost control of the vehicle and it veered off the road to the right side and hit four vehicles in a parking bay.

The cars, a VW Golf, two Toyota Rav 4 and a Toyota Tercel were seriously damaged. As a result of the accident, a fifth car hit a pedestrian, Douglas Sachikonye, who was walking on the pavement.Sachikonye suffered a fracture on the pelvis. Another pedestrian Norest Murungweni sustained minor injuries during the accident.

Chideme’s car hit a precast wall at Old Mutual building, causing extensive damages. He was negligent in failing to stop or act reasonably when a collision seemed imminent.He also failed to keep a proper lookout and to keep the vehicle under control.

Noah Pito in Karoi

One of the three sugar daddies who made headlines last week for sleeping with a 13-year-old Grade 7 pupil was sentenced to four years in jail by Karoi magistrate. Chamunorwa Mudengezerwa (45), a barber in Karoi, will, however, serve three years after magistrate Mr Obidience Matare suspended a year of the sentence on condition he does not commit a similar offence within the next five years.

In sentencing Mudengezerwa recently, Mr Matare said in this day of high prevalence of HIV and Aids, it was paramount that vulnerable children were protected.He said the age difference between Mudengezerwa and the minor was the main consideration when assessing appropriate sentence.

He said the older the transgressor, the higher the moral blameworthiness.“There is a 30-year difference between accused and complainant. Complainant only turned 13 in July 2016, so this is a borderline case which could have fallen into a rape category,” he said.

As part of his defence Mudengezerwa had said that he first met the girl one night when he was drunk enjoying a live musical show at around 11pm.He further said that he thought she was one of the prostitutes and not a minor, only to discover that she had no breasts when he took her to his barber shop for sexual intercourse.

He said after giving her a dollar and dismissing her without any sexual intercourse that night, the girl later continued to come back to his barber shop asking for food and other items such as covers and pencils. In coming up with the sentence the court also considered that Mudengezerwa had taken advantage of the level of neglect the girl was facing from her parents thus offering her small amounts of money to cover his back.

The girl’s parents separated some time back and she stays with her father and brother in a two roomed house where she sleeps in one room while the father uses the other. The brother sleeps next door due to shortage of accommodation.

The fate of the other two suspects will be heard tomorrow.It was the State’s case that sometime in August this year, Mudengezerwa (45) proposed love to the girl after inviting her to his barbershop. Before she left the barbershop Mudengezerwa gave her a 25 cent bond coin to buy sweets.Around 8pm on the same day Mudengezerwa invited the girl to his barbershop taking advantage of her father who was boozing at a local beer hall.

Fungai Lupande Court Reporter

An application for excerption to charges by former Zifa chief executive Henrietta Rushwaya and her alleged accomplices, Edzai Kasinauyo and axed Warriors assistant coach Nation Dube was yesterday dismissed. The trio is accused of being behind the “Limpopogate” match-fixing scandal.Through their lawyers Messrs Simon Mupindu, Harrison Nkomo and Simon Simango, they submitted that there was no complainant in the matter.“The court sat without a complainant. Jonathan Mashingaidze is no longer the chief executive officer for ZIFA,” they said.“Even if he was still employed, there was no board resolution that gave authority for a person to represent ZIFA.”

Prosecuting, Mr Timothy Makoni opposed the application saying the issue of a board resolution would be dealt with as the trial progressed.“Section 171 (2) of the Criminal Procedure and Evidence Act, which is the basis of the application, says when one pleads, he ought to excerpt if it is his intention,” said Mr Makoni.

“To do so after evidence has been led is unprocedural. The issue of the absence of a board resolution may be dealt with during trial,” he said.

In her ruling, Harare magistrate Ms Lucy Mungwari said the application came after the third witness, Mashingaidze, indicated the lack of a board resolution.“The said section provides that an accused can plead and excerpt, it does not provide for an excerption after evidence has been led,” she said.

“Doing so is rendering judgment when trial is midway.“The court is not duty bound to attend to the application now, but at judgment. Therefore trial continues.”Mr Makoni called Dynamos Football Club goalkeeper Tatenda Mukuruva as his next witness.

Mukuruva said he received a phone call from Warriors coach Callisto Pasuwa informing him that he would receive a phone call from South Africans.“Pasuwa added that the intention of the call was for match fixing for Zimbabwe versus Swaziland home and away games,” said Mukuruva.“Later a South African man who identified himself as coach Ian called me saying a South African team was interested in having me.

“He asked me if I could travel to South Africa to meet the official, but I told him that I needed to first seek clearance with my team,” he said.“The man said he would call me again, but he did not. I informed Pasuwa what had transpired.”The trial was adjourned to Tuesday.

It is alleged Rushwaya and Waguta, who became the whistleblower, were working in connivance with Chan Sankran, a well-known Asian match-fixer who was the financier.

In February this year, Rushwaya and her accomplices allegedly agreed to fix the AFCON qualifier matches between Swaziland and Zimbabwe, which were 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.

Wynne Zanamwe Midlands Reporter

A 57-YEAR-OLD prophet from Mberengwa has been sentenced to 20 years in jail for raping a 16-year-old girl after claiming he was removing evil scars from her private parts.The accused, who cannot be named to protect the identity of the victim, pleaded not guilty to two counts of rape when he appeared before Regional Magistrate Mr Morgan Nemadire.

The magistrate convicted and jailed him to 20 years for both counts.Five years were suspended on condition of good behaviour.In passing sentence, Mr Nemadire said the prophet took advantage of a girl who, judging by her age, could be his grandchild.

“You were a prophet and the complainant and her mother took you in, but you took advantage of that and sexually molested the complainant.“The age difference is wide and you could have been the complainant’s grandparent and you should have been responsible for her as you would have to your own grandchild,” said the magistrate.

“You have pleaded not guilty to the two counts saying that you were in a relationship with the minor and the two of you had agreed to have sex.“However, the complainant said that you forced yourself on her and the doctor’s letter shows that there were tears on her hymen that were still fresh.”

Mr Nemadire rejected the prophet’s claims that he intended to marry his victim upon finishing Form Four.In his defence, the convict said the complainant had agreed to have sexual relations with him.“I deny raping the complainant. We had actually agreed on having sexual intercourse on the night in question.

“She was the one who came to where I was sleeping and started to seduce me.“Also her mother was the one who had facilitated my visits and pushed me to ask her to marry me,” he said.

Prosecuting, Mr Kelvin Guvheya said in May, the complainant and her mother met the prophet and he told them that the complainant had evil scars on her body and they were supposed to be removed.

“On June 6, the accused removed scars on the complainant’s toes and fingers and told the complainant that he was now tired and would come back the following day.“The accused forgot his knobkerrie in the bedroom hut and he came back the following day at around midnight knocking at the complainant’s bedroom.

“The accused said that he had forgotten his knobkerrie and also wanted to remove the remaining evil scars on her body,” said Mr Guvheya.He told the complainant that the remaining scars were on her private parts and he was supposed to shave her pubic hair.Soon after he had shaved her, he forced the complainant to lie down and raped her twice.

Fungai Lupande Court Reporter

A commuter omnibus driver who stabbed a motorist with a knife for ramming the back of his kombi was yesterday sent to jail for an effective seven years. The motorist, Kudakwashe Mabhutsu, was confused by commuter omnibuses as they sped to pick up a passenger resulting in the accident.The commuter omnibus driver Cephas Gombe was sentenced to 10 years before a Harare magistrate, Mr Hoseah Mujaya suspended three years on condition of good behaviour.He was facing attempted murder charges. The court heard that on August 6 this year Mabhutsu was coming from Makumbe Mission where he was attending a wedding.

He was driving a Nissan NP300 truck and was travelling between two commuter omnibuses.On approaching Gukwe Village, at the 38-kilometre peg along Harare-Makumbe Road, the commuter omnibuses spotted a traveller by the roadside.The two commuter omnibuses rushed to get the same person.

One of the commuter omnibus driver stopped to pick the passenger. Gombe reportedly stopped in the middle of the road and Mabhutsu, who was behind him, tried to use the right lane to pass.

Gombe, without checking his rear view mirrors, started moving into the right lane, thus blocking Mabhutsu who was overtaking.Mabhutsu hit the commuter omnibus from the back. Gombe got out of his vehicle shouting at Mabhutsu.The court heard that Mabhutsu tried to explain that Gombe had caused the accident. Gombe pushed him and drew out an okapi knife and stabbed him three times on his left ribs.

Mabhutsu started bleeding and he collapsed. Gombe tried to flee, but members of the public effected a citizen’s arrest.Mabhutsu was rushed to Makumbe Hospital where he was transferred to Parirenyatwa Group of Hospitals.The knife used to stab him was recovered.

Fungai Lupande Court Reporter

Zimbabwe People First party lawyer, Gift Nyandoro yesterday appeared in court accused of conniving with a Harare woman to sell a non-existent residential stand to two desperate home seekers.Nyandoro and Pauline Gutsa appeared before Harare magistrate Ms Sharon Rakafa facing fraud charges.Nyandoro’s lawyer Mr Eddie Hamunakwadi applied for stay of proceedings pending a determination on his application for review at the High Court.

“There is no prejudice in this court granting the application for stay of proceedings. In the event that the High Court dismisses the application, trial can proceed,” said Mr Hamunakwadi.“Assuming that there is prejudice, the court can separate trial.”

The prosecutor Ms Tariro Gwatidzo said she was not aware of any application for review of proceedings.“This is my first time to hear about it. There is no order to stay proceedings by the High Court thereby trial should proceed,” said Ms Gwatidzo.Mr Hamunakwadi insisted that the application was served to State in May this year.

“State is not taking proceedings seriously and we take serious reservations,” he said.Gutsa’s lawyer was not available.Ms Rakafa postponed the matter to October 24 for State’s response and November 4 for her ruling.Ms Gwatidzo alleged that in August 2014, Paddington Ruhora was looking for a residential stand.

His friend only identified as Freddy referred him to Nyandoro and GutsaIt is alleged Ruhora approached the pair to get finer details and they explained to him.Ruhora was interested in buying the stand and the pair convinced him that his money would be safely kept by the lawyer, Nyandoro.

It is alleged Ruhora believed the residential stand was genuine and gave Nyandoro $4 000 as part payment for the stand.Using the same modus operandi Gutsa and Nyandoro convinced another home seeker, Lewis Bangomwe to pay for the same stand.On August 29, 2014 Bangomwe paid $300 administration fee and another $1 000 on December 24.

It is alleged he paid another $2 000 on January 5.The court heard that Ruhora and Bangomwe were separately allocated stand No. 11024 Glen Norah A in December 2014 and promised that development for the stands was in progress.It is alleged no development took place and when Ruhora visited the stand in March last year, another person was occupying the stand.

Ruhora inquired with Gutsa who professed ignorance.The court heard that Ruhora verified with City of Harare and was advised that the stand was non-existent.Bangomwe lost $7 300 while Ruhora lost $4 000 and nothing was recovered.

Mashudu Netsianda Bulawayo Bureau

A MAN from Fort Rixon who killed a fellow villager on Christmas Day was on Thursday sentenced to eight years in jail. Bulawayo High Court judge Justice Nokuthula Moyo convicted Misheck Ncube (24) of Alindale Village in Shangani of culpable homicide. Ncube struck Emmanuel Mkhaliphi (25) with a stone on Christmas Day in 2013 and he died two days later upon admission to Parirenyatwa Group of Hospitals in Harare.

Ncube will serve an effective five years in jail after the judge suspended three years for five years on condition he does not within that period commit a similar crime.Justice Moyo condemned Ncube’s conduct, saying beer drinkers had a tendency of using intoxication as a flimsy excuse to engage in acts of violence.

“The courts have been disturbed by the loss of human life on the most flimsy of excuses.“It cannot be an excuse that people turn beer drinking sprees into sessions where violence abounds,” said the judge.Justice Moyo said the courts have a duty to uphold the sanctity of life by meting out custodial sentences to perpetrators of violence.

“Violent behaviour at beer drinks is becoming the norm rather than an exception and as courts, we note with great concern that these beer drinking sprees have suddenly become death-traps.“The courts have a duty to send a clear message out there that all beer patrons should conduct themselves appropriately and honour the sanctity of life,” he said.

“A young life was unnecessarily lost simply because the accused person chose to become unruly and behave in a violent manner by throwing stones indiscriminately at a public area.

“This clearly shows lack of respect for human life and the courts frown upon such conduct.”Ncube through his lawyer, Ms Privilege Mvundla of Mutuso, Taruvinga and Mhiribidi Attorneys, pleaded for leniency.He said he was remorseful and had compensated Mkhaliphi’s family with three beasts.

Prosecuting, Mrs Sifiso Sibanda said on Christmas Day in 2013, Ncube, who was drunk, turned violent and started indiscriminately hurling stones over Madzi Tuck Shop which is located in Shangani.

“Ncube behaved irresponsibly by hurling stones indiscriminately in a public place which resulted in him striking Mkhaliphi on the right side of his head and he died due to the injuries sustained,” said Mrs Sibanda.Ncube fled from the scene after realising he had killed someone and was on the run for one week.

Mkhaliphi collapsed and was taken to Gweru Provincial Hospital before he was transferred to Parirenyatwa Group of Hospitals where he died soon after admission.Although Ncube admitted he committed the offence, he argued that he retaliated after Mkhaliphi hurled stones at him.

George Maponga Masvingo Bureau
A 33-YEAR-OLD Chiredzi policeman has been arrested for allegedly raping a pregnant Mozambican national inside the charge office after promising to drop theft charges her. Constable Alec Mhlanga has since appeared before Chiredzi magistrate Mr Tafadzwa Mhlanga facing rape charges and criminal abuse of duty as a public officer. He allegedly raped a 21 year-old pregnant woman from Bwabwatse area in neighbouring Mozambique, arrested for theft in Chiredzi Town.

Mhlanga, who was represented by Mr Charles Ndlovu of Ndlovu and Hwacha, was not asked to plead.

He was remanded in custody to October 24 for trial. Agreed facts are that on October 11 this year Cst Mhlanga was on duty when the complainant was brought to Chiredzi Police Station by officers on patrol. They had arrested her for theft. The complainant was ordered to sleep in the charge office as she could not be taken to the holding cells because of her advanced pregnancy.

Around 2am, the complainant asked to use the toilet. Cst Mhlanga was ordered to escort her. After relieving herself, Cst Mhlanga allegedly asked the woman to be intimate with her in return for freedom.

He took the woman to one of the rooms where he forcibly removed her clothes. Cst Mhlanga then raped the woman, the court heard. He threatened the woman with unspecified action if she disclosed the abuse to anyone.

The woman returned to sleep in the charge office and reported the case later in the morning to a female police officer after Cst Mhlanga had knocked off, leading to his arrest.

Court Reporter
An estate agent has appeared in court for swindling a mental patient of $40 000 after selling her house. Tongorima Mubaiwa (42) sold the house to Howard Choga, a senior Zimbabwe Electricity Transmission and Distribution Company (ZETDC) official. Mubaiwa appeared before Harare magistrate Mr Bianca Makwande last week. He is facing theft of trust propertycharges and was remand to November 14 for his trial.

He is on $200 bail. The complainant is Chimuriwo, a partner at Lawman Chimuriwo Attorneys. His duties included managing trustees and estates as directed by the Master of High Court.

Mubaiwa is employed by Heaven on Earth Real Estate and is a registered estate agent. The prosecutor Mr Sebastian Mutizirwa alleged that sometime in July 2014, Mubaiwa was appointed by the Master of High Court as the curator for Charmine Takavarasha nee Matombo.

The court heard that Takavarasha is a mental patient with a condition called bipolar disorder. Bipolar disorder causes extreme mood swings that include emotional highs (mania or hypomania) and lows (depression).

Chimuriwo was mandated by the High Court to manage Takavarasha’s immovable property, stand number 12, 8th Close Warren Park 1, Harare. It is alleged that sometime in November last year, Chimuriwo sought permission from the High Court to sell the stand.

The lawyer wanted to settle Takavarasha’s debts to various institutions amounting to $15 000. Proceeds from the sale of the house were also to cater for Takavarasha’s daily expenses and to pay school fees for her two children.

Chimuriwo engaged Mubaiwa to look for buyers for the stand. It is alleged that Mubaiwa advised Chimuriwo that he found a prospective buyer who was offering $46 000. The court heard that on November 16 last year, an agreement of sale was entered between Chimuriwo, Mubaiwa and Choga.

Parties agreed that Choga was to deposit the money into Heaven on Earth Real Estate bank account. The court heard that the money was to be released to Takavarasha upon transfer of the property.

Choga transferred the money on November 19. It is alleged Mubaiwa transferred $6 231 to Takavarasha’s Metropolitan Bank for the release of her title deeds. The court heard that Mubaiwa failed to release the balance, leading to his arrest. Chimuriwo lost $39 769 and nothing was recovered.