Fungai Lupande Court Reporter
THE trial of four Epworth men suspected of raping three women has been slated for October 20. The court heard that the victims were raped on August 16 while walking along a dust road in Maseko, Epworth. Eight men emerged from the bush and abused the women. Clever Nyachiwowo (20), Douglas Nevanji (22) and his brother David (22), Nisbert Kanzamba (22) are in custody awaiting trial.

Harare magistrate Ms Bianca Makwande advised them to seek bail at the High Court. They are facing robbery and rape charges. The three women were coming from Express Night Club at Overspill Shopping Centre when eight men pounced on them.

It is alleged that two of the men attacked one woman. One of the suspects only identified as Popa, ordered the women to keep quiet and they took turns to rape her. The court heard that another four men pounced on the second woman whom they raped. The other two men also raped the third victim.

The women managed to identify some of the suspects, leading to the arrest of Nyachiwowo, Douglas and David Nevanji.

Court Reporter
A HARARE lawyer Farai Ruzive has pleaded not guilty to knocking down a 77-year old woman who was crossing Mutare Road in Msasa. Ruzive (36) pleaded not guilty to negligent driving when he appeared before Harare magistrate Ms Nomsa Sabarauta last week. A Rhodesville Police officer Blessing Tariritira attended the scene and testified in court last Friday.

“The accident happened along Mutare Road near Econet Gardens. “Ruzive was travelling due east and a pedestrian Mirriam Pelasi was crossing the road from the Econet Gardens side,” he said.

“Ruzive was driving in the outer lane and there were vehicles in the inner lane such that he could not see what was coming from the other side. He said he saw the pedestrian at close range. The pedestrian said when she crossed the road there were no vehicles coming.

“She said she could not be foolish to cross the road when there was traffic and was surprised when she was hit.” The court heard that Ruzive is a holder of a class 4 driver’s licence.

The prosecutor Mrs Devoted Nyagano alleged that on November 9 last year around 10am, Ruzive was driving a Corolla Sedan registration number AND 9396 along Mutare Road. It is alleged Pelasi was crossing the road when Ruzive hit her.

She sustained a fractured right foot and Ruzive’s vehicle was damaged on the right front fender and windscreen.

Fungai Lupande Court Reporter—
A WOMAN who won $10 000 during the OK Zimbabwe Grand Challenge promotion lost all of it to conmen after she was sold a housing stand that belonged to someone else. Sarah Mapfumo saw an advert in the media suggesting that Stand Number 7670, Tynwald South in Harare, was for sale. The stand measured 500 square metres. It is alleged that Mapfumo contacted the owner of the stand, Givemore Chifamba, who referred her to Charles Hamadziripi.

The court heard that Chifamba claimed Hamadziripi was his nephew. The stand was selling for $16 000, but Mapfumo negotiated the price down to $13 000. She offered to pay $10 000 through bank transfer and the balance via instalments.

It is alleged that on December 18 2015, Mapfumo met Hamadziripi in Harare and he identified himself as Tendai Makoni, an estate agent and nephew to Chifamba. Mapfumo was shown fake title deeds and was asked to go to the Deeds office to verify.

It is alleged Mapfumo did not see an anomaly or reason to visit the Deeds Office. She went to view the stand instead. The court heard that on December 21 the same year, Mapfumo was introduced to Chifamba and his wife Marble.

She allegedly signed an agreement of sale and paid a deposit of $1 500. She gave OK Zimbabwe Chifamba’s bank account details. OK Zimbabwe transferred the $10 000. Mapfumo also deposited $300 into an EcoCash account on mobile number 0776 819 823, which was fraudulently registered.

On February 2, Mapfumo tried to contact Hamadziripi so that she could pay her instalment but he was not reachable. Suspicious, Mapfumo went to the Registrar of Deeds Office and discovered that the title deeds she was given were fake.

Investigation revealed that national identity documents used were fraudulently acquired and were used to open a bank account. She later spotted Hamadziripi in town leading to his arrest.

Hamadziripi appeared before Harare magistrate Mrs Vongai Muchuchuti-Guwuriro last week. He is facing fraud charges and was remanded in custody to today for bail application.

Court Reporter

A police officer Detective Inspector Amon Pazvakavambwa yesterday came under fire for lying to the court for him to get a warrant for search and seizure for call records in a case he was investigating.Dect Insp Pazvakavambwa used false statements to obtain a warrant for search and seizure of call records for Delish Nguwaya, who is accused of extortion.Nguwaya’s lawyer Mr Admire Rubaya yesterday applied for cancellation of the warrant of search and seizure.

In his ruling, Harare magistrate Mr Vakayi Chikwekwe said the police should be professional and desist from using unorthodox and unscrupulous methods to obtain information.

“The police must be careful in their investigations and lay out meaningful facts,” he said.“Investigators must be professional. The police officer made the court to believe that the accused person was on the run.“He used a different CRB which belong to another person. Private communications are protected by the Constitution.“The matter is already at the defence case and if the police are pursuing other people they should have mentioned so.“The search warrant is therefore void and the information obtained should never be used anywhere by anyone.”

The court heard that Dect Insp Pazvakavambwa applied for the warrant of search and seizure on October 4, to obtain Econet Wireless call records.

“He supplied CRB 7878 /16 saying Nguwaya was arrested on August 18, this year and he did this under oath,” said Mr Rubaya.“The truth is that CRB 7878/ 16 belongs to Daniel Chakomora, who is facing assault while Nguwaya’s case is CRB7278 /16 and he is facing extortion charges.“He requested a call history between August to October 3 this year a period when trial had already started“This was because Nguwaya had lodged criminal complaints against Pazvakavambwa and Chief Superintendent Majachani.

“Pazvakavambwa is the investigating officer in Nguwaya’s extortion matter and the warrant for search and seizure was an attempt to get into Nguwaya’s private calls records.“The police also put down mobile numbers of other people alleged to be connected to Nguwaya.“Pazvakavambwa’s behaviour is deplorable and puts the judicial system in disrepute considering that he holds a commissioned rank.”

Nguwaya is accused of extorting $13 000 from Li Xiaozhong, who owns Prawell Bricks in Mt Hampden.The matter is pending at the Harare Magistrates’ Court and it is at the defence case.

Chief Supt Nyathi

Crime Reporter

Police have expressed concern over the upsurge in murder cases and urged people to desist from taking the law into their hands. This comes in the wake of recent murder cases that were recorded in Lupane and Filabusi last week.National police spokesperson Chief Superintendent Paul Nyathi urged people to solve their disputes amicably.

“In the first case, a 31-year-old man from Mahlaba line in Sipepa, Lupane, had a misunderstanding with his brother.“The accused person then went to his elder brother’s homestead and took his dog.“The elder brother, angered by accused’s action, followed him to his homestead and struck him with a knobkerrie.

“The accused retaliated by striking him with a wire dropper. He lost consciousness and was ferried to Sipepa Hospital where he was pronounced dead.“The accused person was later arrested,” he said.

Chief Supt Nyathi said on the second incident, a 29-year-old man from Ukhuthula village, in Filabusi was stoned to death in the bush by two men following a misunderstanding.He said the man was on his way from Sidulini Business Centre where he had been drinking beer with his friends when he was confronted by the two men. The two stoned him and fled.

“In another incident which occurred on October 8, 2016 at around 1200 hours at Kamativi Compound Dam, two female juveniles aged 11 and seven drowned.

“A boy aged 17 had gone to water the garden and wash clothes in the company of the two girls,” Chief Supt Nyathi said.“He said he left them playing in the water and later found them missing.”

The bodies were later discovered floating in the dam the following day and were taken to Kamativi Clinic mortuary.

“The Zimbabwe Republic Police is urging members of the public to resolve their disputes amicably without resorting to violence.“Meanwhile, parents or guardians are urged to ensure that children are not left alone at water bodies,” Chief Supt Nyathi said.

He said police were still investigating the cases and are appealing for information concerning the whereabouts of the two suspects who committed the second murder case to contact any nearest police station or the national complaints desk on (04) 703631.

Victor Matemadanda

Fungai Lupande Court Reporter

INVESTIGATIONS into a case in which five Zimbabwe National Liberation War Veterans’ Association (ZNLWVA) executive members are accused of undermining the authority of the President are complete and trial has been slated for November 22.The court dropped reporting conditions for the five, Douglas Mahiya, Francis Nhando, Victor Matemadanda, Headman Moyo and Hoyini Samuel Bhila.

The prosecutor Ms Audrey Chogumaira told the court that investigations into the matter were complete.

“Trial will commence on November 22 and shall continue the following day.“The trial will be adjourned to November 28 and shall continue until November 30,” she said.

Harare lawyer Ms Beatrice Mtetwa applied to have reporting conditions of the five dropped since there were provided with a trial date.Ms Chogumaira did not oppose the application.Harare magistrate Ms Bianca Makwande the granted the application.Fellow war veterans, who came for solidarity, broke into song as they left the court room.

Ms Chogumaira alleged that between April 2016 and July 2016 Mahiya, Nhando, Matemadanda, Moyo and Bhila acting in connivance with other high ranking national, provincial and district members still at large, authored a document titled “War Veterans communiqué on the state of Zimbabwe’s economy, the ZANU-PF party leadership and the way forward for the people of Zimbabwe”.

Douglas Mahiya

They allegedly made defamatory statements and undermined the authority of President Mugabe.

State alleged that they created the communiqué with the knowledge and realisation that its contents could ignite feelings of hostility or cause hatred, contempt or ridicule towards President Mugabe.

On July 18, Mahiya held a meeting at Raylton Sports Club and issued the communiqué to a few journalists, leading to the document being published in NewsDay and on the Internet.It is alleged that in an interview with SABC reporter, Matemadanda also denigrated the President.

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

Thupeyo Muleya, Beitbridge Bureau
A 36 year old Zimbabwean cross-border transporter believed to be the ring leader of a syndicate terrorizing fellow countrymen in South Africa was on Tuesday sentenced to 350 years in prison after he was convicted on  62 charges on crimes that include murder, rape, robbery, extortion and assault among others.Charles Cecil Brewer, alias Boss of Nketa 7 in Bulawayo was convicted on his own plea of guilty in the neighbouring country, when his trial opened at the South Gauteng High Court.

Brewer is the alleged leader of a gang which included his South African wife Madida Petition Sicelo (30) alias Sister, Jaheni aka ‘Satan’ Luphahla (28) of Old Lobengula in  Bulawayo and Phathumuzi ‘KK’ Sibanda (27) of  Emakhandeni in Bulawayo.

Luphahla reportedly earned himself the name ‘Satan’ for being ruthless and working hard to outclass the devil. (More details to follow)

Fidelis Munyoro Chief Court Reporter

Soldiers resisting eviction from a farm in Goromonzi last week manhandled, before detaining the Sheriff Mr Macduff Madega who intended to serve them a High Court order to leave the farm.Mr Madega had gone to Sussexdale Farm in the company of farm owner Ms Cynthia Maadza and her lawyer, Advocate Taona Sibanda, to serve the soldiers with an eviction order.Ms Maadza is a security officer at the Parliament of Zimbabwe.

A Colonel Nyamangora allegedly refused to accept service of the order, saying he did not take orders from the court but from higher offices.Adv Sibanda said matters got to a head as they were leaving the farm.

“We returned to our cars and as we were about to leave, I had my client in my car and the Sheriff’s car was behind,” Adv Sibanda narrated their ordeal.

Three soldiers, he said, ran to his car window and ordered him to get out of the car because they wanted to search him and the car and access his phones to make sure that he had not taken any pictures of their activities.He said he refused to give them access to his personal gadgets, which contained confidential information between him and his client.

“That is when one of the soldiers threatened to kill me saying “tokugura musoro” (we will behead you) as he tried to open the car door,” he said.The lawyer said they left the Sheriff’s car surrounded by soldiers who harassed, intimidated and detained him for a long time saying they suspected that the trio was taking pictures of their “unlawful loot”.

“This is a serious disregard of our judiciary and a violation of the rule of law, which poses a threat to the security of innocent citizens,” said Adv Sibanda. “No one is above the law and no one has authority to defy a court order. If lawyers can be wantonly threatened with death and harm in the execution of their duties, if judges’ decisions are recklessly disobeyed and if the Sheriff’s esteemed office is so belittled, then who is safe?”

Adv Sibanda, who failed to get assistance from Chinamhora Police Station, has since reported the matter to the Law Society of Zimbabwe and the Zimbabwe Lawyers for Human Rights where he is a member. Judicial Service Commission (JSC) deputy secretary Mr Walter Chikwana confirmed receiving a verbal report from the Sheriff on the incident.

“We have requested the Sheriff to submit a report of the incident,” said Mr Chikwana. “We are waiting for the report before we take an appropriate action.”

Zimbabwe National Army spokesperson Lieutenant-Colonel Alphios Makotore professed ignorance of the incident adding he was not in a position to comment.

On Wednesday last week, the High Court granted Ms Maadza an eviction order against Commander of the Artillery Brigade Cantonment at Alphidas Barracks, Brigadier-General Stanley Mangena from Sussexdale Farm, in Domboshava.The artillery commander had allegedly led soldiers under his command in the invasion of the farm, where they reportedly took an assortment of farming equipment in a land wrangle.

Brig-Gen Mangena was cited as respondent in the matter along with ZNA Commander Lieutenant-General Philip Valerio Sibanda, Ms Purity Chikangaise of the Attorney General’s Office, Ministry of Lands and Attorney-General Advocate Prince Machaya.

A Mr Chingwere of the Attorney General’s Office appeared and acted for the army. His arguments were dismissed by Justice Hungwe.

Mr Chingwere initially attempted to argue that he had not taken instruction from his clients, but Justice Hungwe ordered him to address the judge on the law – whether or not it was right for anyone to resort to self-help and to put the law into their own hands.

Mr Chingwere reluctantly conceded that such actions were unlawful and had to be immediately stopped.

In her application, Ms Maadza accused Brig-Gen Mangena of conniving with the former owner of the farm, Markham Paul McKinnon to intimidate and force her out of the farm.

She stated in her papers that on Tuesday last week, three army officers clad in their camouflage uniform descended on her farm demanding access to the warehouses where farm equipment is kept.

The soldiers, she said, threatened violence and said they had authority from Brig-Gen Mangena and the army commander to take over and remove the farm equipment and all materials in the warehouses.

Leeroy Kundishora Waguta

Fungai Lupande Court Reporter

Former Zifa chief executive Henrietta Rushwaya was reportedly in a romantic relationship with former Warriors captain Benjani Mwaruwari, the court heard yesterday.This was said by Leeroy Kundishora Waguta (pictured right), who is the whistle-blower in the ongoing soccer match-fixing case involving Rushwaya, former Zifa board member Edzai Kasinauyo and axed Warriors assistant coach Nation Dube.Testifying in court, Waguta said Rushwaya also harboured a convicted match-fixer, Raj Perumal.

“I was introduced to a convicted match-fixer, Raj Perumal, by Rushwaya and I stayed with him at Mwaruwari’s house in Kyalami Estate in Midrand, South Africa. I was working for Mwaruwari, managing his properties in South Africa,” Waguta said.“Rushwaya had a relationship with Mwaruwari and she had (unlimited access) to his properties. She did what she pleased and brought people to the house.”

Waguta said Rushwaya contacted him in January this year requesting to see him.

“We met in Johannesburg at Maslow Hotel in Sandton, South Africa, and she said she had investors who wanted to deal in soccer betting,” said Waguta.“She asked me to talk to players. I agreed since I am close to Zimbabwe footballers who are playing in South Africa. My task was to influence footballers to throw away matches and lose by a two-goal margin.

“Rushwaya was in the company of two Asian men, one of whom she introduced to me as ‘Chief’, and her cousin Tinashe Makonese. She gave me $2 000 for shopping after the meeting and we started having meetings.”Waguta told the court that his first task was to talk to Washington Arubi, who plays for University of Pretoria, to lose a match against University of the Witwatersrand.

“I offered him $8 000 and he vehemently (rejected it), threatening to assault me. In February, I met Kasinauyo, Rushwaya, ‘Chief’ and Ian Gorowa at Protea Hotel in Hatfield, South Africa.

“It was indicated that the Africa Cup of Nations 2017 qualifier game between Zimbabwe and Swaziland was to be manipulated. Kasinauyo promised to put pressure on Warriors coach Calisto Pasuwa to release the team that would play with Swaziland, and Gorowa said he would talk to Warriors goalkeeper Tatenda Mukuruva.

“Chief proposed $15 000 per each of the three targeted players -the goalkeeper, defender and midfielder – or we would target the goalkeeper and two defenders.“I was to get R100 000 while Rushwaya and others would get $40 000 each. However, there was a misunderstanding because Rushwaya wanted $60 000.”

Waguta told the court that he confided in Pasuwa what was happening. “I have a close relationship with Pasuwa. He is my father’s friend,” he said.

“The school I attended was far from home, so I stayed with Pasuwa. He is like a brother to me and he always gives me advice. I alerted him of the plan. I did not benefit anything from the Zimbabwe/Swaziland game because the allegation came before the match, and I was surprised. If Pasuwa had not known of the plan, I would have continued with my task because this was my source of livelihood.”

Rushwaya’s lawyer, Simon Mupindu, presented an alibi and said his client entered South Africa on February 5 and returned the same day, contrary to Waguta’s assertions that the pair had a series of meetings.

Fidelis Munyoro Chief Court Reporter

Businessman Mr Simon George Rudland continues to suffer humiliation in the courts after the Constitutional Court rejected his application for leave to appeal against the High Court decision barring his company from packaging and selling cigarettes under the brand name “RG”.This is the third time that Mr Rudland has lost the legal battle to continue distributing the product on the market as “RG”.Cigarettes bearing the name “RG” had flooded the market thereby prejudicing the owners of the renowned “Remington Gold” brand that is also shortened as “RG” on the tobacco market.

Savanna Tobacco is the licensed manufacturer and distributor of Remington Gold cigarettes in Zimbabwe.Constitutional Court judge Justice Vernanda Ziyambi on Monday dismissed Mr Rudland’s urgent application for leave to appeal to the Constitutional Court.

The judge ruled that there were other remedies available to Mr Rudland and his company, Livera Trading (Private Limited), other than the apex court for the relief sought.Mr Rudland had brought the matter to the apex court arguing that the remedy of stay of execution which he sought was not available in the High Court or Supreme Court. However, Justice Ziyambi disagreed..

“In my view, no good reason has been advanced as to why leave to appeal to the Constitutional Court should be granted,” said Justice Ziyambi.

“While the criticism advanced against the propriety of paragraph 2 of the order may contain some merit, there is, available to the applicants, another avenue for the vindication of its rights.”

Last month, Mr Rudland had his appeal to continue packaging and selling cigarettes under the brand name “RG” thrown out after High Court judge Justice Hlekani Mwaeyera upheld its earlier order blocking the distribution of the product on the market.She ruled that the noting of appeal in respect of the order under HC517/ 16 should not suspend the operation of the interim order issued on September 2.

Earlier in the same month, Justice November Mtshiya had granted an application by Tonbridge Assets Limited and Cut Rag Processors, who are the legitimate owners of the trademark.Justice Mtshiya ordered the withdrawal of all such products from the market. The judge also interdicted the respondents from launching the RG brand in Zimbabwe pending finalisation of the dispute.

Livera was also ordered to remove its billboards, posters and other signs bearing the RG logo.On December 12, 2015, Tonbridge bought the Remington Gold brand Cut Rag for $2 million. Tonbridge paid the price in full, a development that gave it full rights to the brand. Cut Rag joined the court proceedings confirming Tonbridge as the legitimate brand owner.

Mr Rudland contends that his company’s use of the letters RG was in order because they were his initials. But the judge did not buy his argument saying the same brand had long been built by another cigarettes firm on the same market.

Fungai Lupande Court Reporter

The trial date of Harare businessman Muvengwa Mutyanda and his employee, who are accused of swindling Megalink (Pvt) Ltd of $150 000 after agreeing on hard cash in exchange of a bank transfer deal was yesterday set to November 15.The director of Weph Commercial Agencies, Mutyanda (52) and his employee Collins Makombe (29) yesterday appeared before Harare magistrate Ms Bianca Makwande.

They are facing fraud charges and the pair is on bail.The complainant in the matter is Megalink (Pvt) Ltd represented by Mr Lloyd Paratambwa.The prosecutor, Mr Sebastian Mutizirwa alleged that on July 13, Makombe approached Paratambwa and advised him that he was an Econet agent.He added that he was realising about $40 000 daily from selling bulk airtime, it is alleged.

Makombe allegedly sweet-talked Paratambwa that he could assist him with hard cash since he was facing challenges accessing money from the bank.

The court heard that the complainant, who was in need of cash, got interested and agreed to transfer $150 000 into Mutyanda’s CBZ bank account.

Makombe allegedly agreed to pay Paratambwa $40 000 daily starting from July 15 until he completed the money.After receiving the transfer, it is alleged the pair transferred the money into Econet Zimbabwe account to settle Mutyanda’s company debts.

The pair allegedly became evasive, prompting Paratambwa to report the matter to the police.Paratambwa lost $150 000 and nothing was recovered.

Fungai Lupande Court Reporter

A Harare man, who shot his father on both legs after he tried to attack him with a machete over allegations that he was having a sexual relationship with his stepmother, was acquitted yesterday.Edward Radzokota (31) was facing an attempted murder charge, alternatively negligent discharge of a gun.

Harare magistrate Mr Noel Mupeiwa found him not guilty on both charges.

Radzokota was given back his gun licence but the gun, a 7.65mm CZ pistol was given to the Zimbabwe Republic Police and its return to Edward was postponed sine die. Mr Mupeiwa ruled that Radzokota was provoked and acted in self defence.

Margaret Matibiri Herald Reporter

Six police officers stationed at Chitungwiza Police Station, who took turns to assault a director at Oxford International College for urinating in a public space, were on Tuesday sentenced to 18 months in prison.Jacob Tsatse (26), Florence Chimuchenga (29), Admire Zengenene (29), Harry Dowa (43), Euzzel Murombedzi (40) and Patricia Munyangadzi (46) denied assaulting David Musindo (42).

They appeared before Chitungwiza magistrate Mr Francis Mapfumo, who slapped them each with a two-year prison term, but conditionally set aside six months for five years.In handing down the sentence, Mr Mapfumo took into account that the six had overstepped the bounds of subduing a person resisting arrest.

“As police officers and by virtue of the power bestowed upon you, you overstepped the bounds of subduing someone resisting arrest.“The positions you hold as law enforcers, you are mandated to protect the citizens and as courts we need to restore confidence in the judiciary system and the society,” said Mr Mapfumo.

The medical affidavit produced in court showed that Musindo suffered severe injuries due to the assault and could not walk for a long time. Allegations were that on June 20 last year, Musindo was apprehended by Zengenene for urinating in a public space.

Zengenene disembarked from the car he was in with his other five accomplices, approached Musindo and told him that he was under arrest.The court heard that Zengenene tried to handcuff Musindo, but he resisted.

Prosecutor Ntombikayise Nleya proved that Zengenene called for help and his colleagues came armed with batons to forcibly arrest Musindo.They took turns to assault Musindo, forcibly handcuffed him and took him to the station. During the assault, Musindo suffered serious injuries and could hardly stand on his own.

The following day, Musindo was ordered to pay $20 fine for assaulting a police officer before being released.Soon after gaining his freedom, Musindo reported the matter, leading to the arrest of the six police officers.

PHD Ministries Prophet Walter Magaya (centre) arrives at Harare magistrate courts while escorted by his lawyer Everson Chatambudza(right) and overseer Admire Mango

Fungai Lupande Court Reporter

Prophetic Healing and Deliverance (PHD) Ministries leader Walter Magaya, yesterday said the State’s continued failure to provide him with a trial date was disheartening and causing him anxiety.The prosecutor Mr Sebastian Mutizirwa sought another postponement, citing that although investigations were complete, Magaya’s docket was still at the Prosecutor General’s office.

“We indicated last time that the docket was to be sent back to the police for further management,” said Mr Mutizirwa.

“Investigations are complete and yesterday (Thursday), the docket was sent to the Prosecutor General’s office for perusal.”

In response, Magaya’s lawyer Mr Admire Rubaya said State’s approach to the matter was so disheartening.

“Accused is tempted not to trust the State.

“They made a promise that investigations would be complete by October 15,” said Mr Rubaya.

“They made another promise that investigations would be complete at least today (yesterday). Further remands create anxiety to an accused person, more so when one is facing rape.”

Mr Rubaya added that the medical examination State was dealing with was not of a “dinosaur” to warrant such a long time. “There are only two witnesses who are critical and probably the medical examination,” he said.

“Magistrate Ms Bianca Makwande, told the State to put its house in order or accused will be removed from remand.

“I will not trust the chameleon nature of the State of constantly changing colours and taking the court for granted.

“Why is State punishing accused person? He is paying legal bills with a guarantee that on the next remand date he will be provided with a trial date.

“Allow accused his freedom, his social standing requires his time, presence and conscience. Give State all the time in the world. Court should balance the interest of justice and the interest of the accused.”

In his ruling Harare magistrate Mr Vakayi Chikwekwe, said it was worrisome whether State investigates to arrest or arrests to investigate.

“The State should give cogent reasons in such applications and not mislead the court.

“They ought to honour their undertaking to give a trial date on November 15.

“However, since State has conceded that the accused person has been religiously coming to court, I see no reason why accused person should not be given his passport and have reporting conditions scrapped.”

The matter was remanded to November 15. Magaya was represented by Messrs Rubaya, Everson Chatambudza and Oliver Marwa.

He is accused of raping a 25-year-old congregant.

Florence Ncube Bulawayo Bureau
A waiter at Shearwater Café in Victoria Falls has offered a loaf of bread worth $1 as monthly maintenance for his minor daughter. Mexan Mpofu said he was not earning a salary but depended on tips, where he gets an average of $6 per week from clients. His ex-girlfriend, Ms Nyasha Moyo of Mkhosana suburb, dragged him to the Victoria Falls Maintenance Court demanding money for the upkeep of the minor, whose age was not mentioned in court.

“He has abandoned his daughter and before we came here, I tried several times to talk to him about the upkeep of the child and he told me he can only give me $1. He said he could only afford to buy bread and even told me to buy from a nearby tuckshop,” said Moyo.

In response, Mpofu said he lived with his elder brother because he had no money. “At the restaurant where I’m employed, I only get tips which amount to about $6 per week. I can’t afford to buy food and I eat at my workplace during the day and sleep at my brother’s place,” he said.

Mpofu said he doubted he was the little girl’s father and demanded DNA tests to prove paternity. “Besides, I am not sure if this child is mine because when I met the applicant she was seeing another man,” said Mpofu.

Moyo told the court that she broke up with the unnamed man when she started her affair with Mpofu. Presiding magistrate Ms Rangarirai Gakanje advised Mpofu to ensure a DNA test was carried out at his expense in the next three months.

The magistrate said the court will today decide how much Mpofu should pay for the child’s upkeep in the interim. Moyo is expected to supply the court with information about Mpofu’s financial status after claiming that he earned about $350 a month. The court ordered Mpofu to facilitate that the child gets a birth certificate after Moyo complained that he was reluctant to assist his daughter obtain one.

Noah Pito in Hurungwe
A Hurungwe man got “possessed by spirits” in court last week as a Karoi magistrate heard his criminal insult case. Magistrate Mr Sam Chitumwa had to refer self-styled traditional healer Francis Koga (age not given) for mental examination in terms of the Mental Health Act, after he gave inconsistent answers to the magistrate’s questions, moments before he fell into a “spell” in court.

Prison guards had to battle with Koga as he shivered, hissed and groaned soon after telling the magistrate that he knew nothing about the charges he allegedly was facing. Koga claimed that he might have been possessed when the matter occurred since each time he got possessed, he never recalled all that happened later.

The complainant in Koga’s case is Hatirarame Muringai who is also a relative to the accused. Prosecutor Mr Gerald Dhamusi told the court that the matter against Koga of Hesketh Farm near Karoi arose sometime in July this year when he visited Muringai and her husband in Bunda Village under Chief Nematombo.

It is alleged that Koga advised Muringai that the spirit that worked through him had shown him the way to end her troubles. During his manifests, Koga allegedly ordered that everyone move out of the house except the complainant and her husband. The accused, it is further alleged, then told the husband to go out and collect a stone at an intersection half a kilometre away.

While the husband had gone out to fetch the stone, Koga allegedly asked Muringai to come closer to him. It is further alleged that Koga later asked the complainant to remove her skirt and underwear and squat in front of him.

Upon being asked the reason why she should do such, Koga, it is alleged said he wanted to have a good view of her sexual organ, since viewing it was a requirement for the spirit whose power he was using to drive away her misfortunes.

Freeman Razemba Crime Reporter
Police have warned members of the public to be wary of a syndicate that is cloning secret pin numbers on Visa credit cards belonging to unsuspecting individuals in order for them to access cash from bank accounts or buy goods in Zimbabwe and neighbouring countries. This comes after police received reports on such cases where individuals would later discover that several transactions were made from their accounts by some fraudsters.

National police spokesperson Chief Superintendent Paul Nyathi confirmed the development and said they were concerned with such cases. “The Zimbabwe Republic Police is concerned with recent cases of fraud involving the use of Visa (credit) cards locally, and across the region,” he said.

He said in one of the cases which occurred on October 3, a Harare man made an inquiry on his bank account, and realised that a number of unknown transactions had been made.

“He made some enquiries with his bank management where it emerged that fraudulent transactions had occurred on his Visa card in which the yet-to-be identified accused person had bought goods in Zimbabwe and in South Africa worth thousands of dollars.

“Police are therefore urging members of the public to be alert on this new dimension of cyber crime where fraudsters hack pin numbers of Visa (credit) cards to access their accounts,” Chief Supt Nyathi said.

He urged people not to disclose their bank cards secret numbers to anyone. Chief Supt Nyathi said they were conducting investigations and would ensure that the law took its course on these fraudsters.

In November last year, Government said it was working on three Bills on information security to complement the Interception of Electronic Communication Act and make the digital space secure.

The three Bills, which were being pursued by the Ministry of Information Communication Technology, Postal and Courier Services, were Computer and Cyber Crime, Data Protection and Electronic Transaction Bills.

Deputy Minister of Information Communication Technology, Postal and Courier Services Dr Win Mlambo was quoted as saying that information should be jealously guarded as it was in dire demand by those who did not deserve it.

“This threat comes from a wide range of sources, including individuals, motivated groups, competitor corporates and organisations, organised criminal syndicates, individual hacking enthusiasts as well as sponsored hackers with varying levels of sophistication,’’ he said.

Elita Chikwati Agriculture Reporter—
Farmers in Chipendeke, Manicaland Province, are reportedly buying cattle at low prices from Mozambique for resale at high prices in Mutare and surrounding areas, it has been learnt. Cattle are cheaper in Mozambique, selling between $100 and $150 per beast while in Mutare, healthy beasts are going for at least $350. Some of the farmers are buying the cattle for rearing.

The farmers said they did not require transport to move the cattle as Mutare was near the Mozambican border. Others said there were no defined restrictive structures making it easy for them to bring in cattle from the neighbouring country.

Chipendeke farmer Mr Joseph Mushape said it was not difficult to buy cattle from Mozambique and move them, as was the case with Zimbabwe. “A farmer can sell a beast here and use the proceeds to buy three beasts in Mozambique. Most people buy the cattle and bring them in and then apply for a permit to move them to their farms,” he said.

Agriculture, Mechanisation and Irrigation Development Deputy Minister Paddy Zhanda said he was not aware of the practice but said it was dangerous to the livestock industry as it increased chances of spreading zoonitic diseases.

“We do not import cattle because they are cheaper, but because of the genetic properties and requirements. “It is illegal to bring in cattle without proper documents and following proper channels. There are dangers the farmers may bring cattle with diseases,” he said.

Deputy Minister Zhanda said under normal circumstances, the ministry sends people to inspect the source of the cattle to check if the animals meet the country’s requirements before importation, to reduce chances of importing cattle with diseases.

“It is illegal to smuggle in cattle and people will be prosecuted. The imported cattle may also be destroyed,” he said. It still needs to be established whether the farmers are not buying from cattle rustlers.

Thupeyo Muleya Beitbridge Bureau—
A ZIMBABWEAN, who together with his wife masterminded the murder, kidnapping, rape, assault and extortion of his fellow countrymen in South Africa, has been sentenced to 350 years imprisonment in the neighbouring country.  A judge at the South Gauteng High Court convicted Charles Cecil Brewer (36), alias Boss of Nketa 7 in Bulawayo, on his own plea of guilty to 62 charges that included murder, rape, robbery, extortion and assault.

The gang is suspected to be part of a larger syndicate and is accused of killing Olga Gwena (25) of Chitungwiza and Esther Mwenda of Harare, among others. Brewer is the alleged leader of the gang, which includes his South African wife Madida Petition Sicelo (30) alias Sister, Jaheni “Satan” Luphahla (28) of Old Lobengula in Bulawayo and Phathumuzi “KK” Sibanda (27) of Emakhandeni in Bulawayo.

Luphahla allegedly earned the Satan moniker in the South African underworld for reputedly being “wickeder than Lucifer himself”. Brewer will, however, serve only 20 years in prison after the court set aside 330 years in return for him to identify and testify against more members of the syndicate that are still at large.

The syndicate allegedly committed the crimes between May 30 and July 11 last year. “The State has opted to make Brewer key State witness against members of the syndicate, which has become a perennial headache for South African authorities.

“His three other accomplices are still on trial after they pleaded not guilty to all the charges,” said an official. The case has been dragging on as the accused have been struggling to get a lawyer after dumping the State’s free legal practitioners.

The gang is believed to be part of a syndicate targeting mostly women travelling between Musina and Johannesburg in Gauteng Province. They were picked up during a police sting operation in Musina on July 25.

Victims have positively identified the four.

They identified Brewer and Madida as the drivers of a white Opel registration number SNB949GP and a red Hyundai Matrix registration number ND462078. The syndicate operates from Total and Engen filling stations and a house in Musina, targeting Zimbabwean hitch-hikers travelling to Gauteng Province.

The state has subpoenaed more than 100 witnesses to testify against the quartet. It is said they used South African- registered private vehicles and touts to lure victims into their cars. After kidnapping and detaining travellers at various houses in Johannesburg, the gang would turn violent and strip their hostages of valuables.

They would then call the victims’ relatives and demand money for their release. The amounts which ranged from R3 000 would be paid through money agencies that include Shoprite, PEP, Spar or Cambridge stores.

Zimbabwe’s Consul-General to South Africa, Mr Batiraishe Mukonoweshuro, commended SA authorities for making sure that justice was upheld. “We have faith in the justice system and hope that in the remaining three cases, justice will surely prevail.

“It is our conviction that members of the syndicate that are still on the run will soon be arrested and face justice,” he said. Mr Mukonoweshuro urged Zimbabwean travellers to be well documented at all times and to use regulated public transport instead of hitch-hiking.

Mashudu Netsianda Bulawayo Bureau
Three brothers from Gokwe died in South Africa when a truck they were loading with river sand overturned and buried them under a mound of sand. The incident occurred on Monday last week shortly after 4pm at Zamenkomste area in Kutama near Louis Trichardt in Limpopo Province. South African police spokesperson Lieutenant-Colonel Moatshe Moepe said the three brothers were hired by their employer to load sand from Muegedzi River into his truck when tragedy struck.

“The three men, who are brothers, were busy loading sand into the truck and we suspect due to the load, the truck lost traction. It overturned and in the process the three men were trapped in sand and they died on the spot. We have since opened an inquest docket and we are continuing with our investigations,” said Lt-Col Moepe.

He identified the deceased persons as Sifelani (19), Kudakwashe (21) and Tapiwa Mahohoma (23). Lt-Col Moepe said the bodies have since been repatriated back home for burial.

He warned people against poaching sand in open areas near the river, which has resulted in land corrosion during rainy seasons. “The villagers have been poaching sand for years taking advantage of the dry riverbed. We, however, would like to take this opportunity to also warn them against engaging in illegal activities as they risk being prosecuted,” said Lt-Col Moepe.

Mr Joseph Mpichane, the trio’s uncle, said his nephews were buried at Chireya Village in Gokwe last Wednesday.

King Toni Mphephu Ramabulana of the Kutama Royal Council sent his condolences to the bereaved families. “This was an unfortunate incident and I would like to pass my condolences to the family of the deceased. Our thoughts and prayers are with them during this time of grief,” he said.