Snr Asst Comm Charamba

Crime Reporter—

A five-year-old boy was electrocuted in Marlborough, Harare, last week after touching a wire used as a washing line.

The wire, which had dropped from a pole at the house of the boy’s parents, was attached to an iron zinc roofing sheet and accidentally connected to electricity.

Police chief spokesperson Senior Assistant Commissioner Charity Charamba confirmed the incident, saying investigations were underway.

“The boy was playing with friends when he touched a wire used as a washing line which had dropped from a pole,” she said. “The boy fell down and became unconscious.

“His mother was alerted and rushed him to Parirenyatwa Group of Hospitals where he was pronounced dead on admission.”

Margaret Matibiri Herald Reporter—

A 20-year-old Harare housemaid allegedly forced her employee’s son (14) to have sexual intercourse with her after threatening to report him to the police for raping her and threatening his family’s life.

Gladys Chukura allegedly told the 14-year-old boy that she wanted to teach him how to have sex and when he refused, she threatened to burn his mother and mutilate his six-month-old sister if he refused.

Chukura appeared before Harare magistrate Ms Rumbidzai Mugwagwa facing charges of aggravated indecent assault.

She was remanded in custody to January 30 and advised to make a bail application at the High Court.

Prosecuting, Mr Sebastian Mutizirwa alleged that on December 21 at around 9pm, Chukura went into the complainant’s bedroom and told him that she wanted to teach him how to have sex.

It is alleged that Chukura advanced at the teenager and started kissing him.

It is the State’s case that the complainant told Chukura that he was not interested in having sex with her and ordered her to stop kissing him.

The court heard that Chukura verbally threatened the complainant that she would burn her mother who was her employer, mutilate his six-month-old sister and report him to the police that he had raped her.

It is alleged that the complainant got frightened and opted to give in to her demands resulting in Chukura having sexual intercourse with him without his consent.

It is the State’s case that the complainant finally got the courage to tell Chukura to stop and she stopped.

The complainant did not reveal the matter to anyone.

The matter came to light on January 11 when the complainant’s mother was informed by one of her neighbours that Chukura and the complainant act weird when they are together, the court heard.

The court heard that the complainant was interviewed by his mother and told her what happened.

Tafadzwa Zimoyo Senior Court Reporter—

Controversial pastor Phillip Mugadza was yesterday arrested by Harare law and order maintenance officers, while attending his routine remand case.

He was arrested for undermining President Mugabe’s authority by allegedly “prophesying” that the President would die on October 17.

Mugadza made headlines last year after he had an altercation with two ladies of the night over failure to pay for services rendered.

In 2015 he staged a one-man protest during the zanu-pf National People’s Conference and was charged with criminal nuisance.

The court subsequently issued a warrant of arrest, which had to be cancelled later when he returned to court.

He is facing fresh charges of undermining the President, apart from the other pending charges of criminal nuisance and abusing the national flag.

Harare magistrate Ms Rumbidzai Mugwagwa remanded him to January 25 for his case of abusing the flag, while the case for of criminal nuisance was slated for February 22.

It is alleged that last week Mugadza claimed that President Mugabe would die on October 17, causing alarm and despondency.

Prosecuting, Mr Sebastian Mutizirwa told the court that on November 22, at around 4pm, police from the reaction group were on patrol at Africa Unity Square.

It is the State case that Mugadza was shouting on top of his voice disturbing people who were passing by the park.

The police officers proceeded to where he was standing and noticed that he had chained himself.

The State alleges that Mugadza had positioned himself directly opposite the entrance to the Parliament of Zimbabwe, which is along Nelson Mandela Avenue in Harare.

He allegedly made a lot of noise while facing the entrance thereby annoying members of the public within the Africa Unity Square, which is adjacent to the legislative assembly building.

He reportedly tied himself by the waist using a chain, to the steel rails which surround the Square for unknown reasons.

Mugadza chained himself while holding a bible.

He is being represented by lawyer Mr Gift Mtisi.

Margaret Matibiri Herald Reporter—

An 18-year-old Harare man, who raped his 12-year-old sister, was slapped with a 10-year jail term by a Harare magistrate.

The teenager raped his 12-year-old stepsister in the presence of her four-year-old nephew who was asleep.

The magistrate, Ms Lucy Mugwaru, sentenced the rapist to 10 years in prison.

Of the 10 years, four were suspended on condition of good behaviour and six were effected.

While passing sentence, Ms Mugwaru told the man that he had received a lighter sentence because he was still young, as the offence calls for a longer custodial sentence.

The State led by prosecutor Ms Chipo Matambo, proved its case against the teenager after a fully contested trial.

On December 4, at around 10pm, when people were already in bed, the accused went into his stepsister’s bedroom, which was not locked.

The stepsister was in bed with her four-year-old nephew who was already asleep.

He tried to remove the complainant’s clothes and found that she was still awake and she bit his left hand while protesting. The accused fondled the girl before removing his and her clothes in the process.

The teenager had anal sexual intercourse with the juvenile once without her consent. The matter came to light the following day when the juvenile was quizzed by her mother to explain the white substance on her skirt that looked like semen.

Godfrey Gandawa

Fungai Lupande Court Reporter—

The ruling on Higher and Tertiary Education, Science and Technology Development Deputy Minister Godfrey Gandawa’s application for referral to the Constitutional Court was yesterday postponed to Thursday.

Gandawa is jointly charged with Zimbabwe Manpower Development Fund (Zimdef) finance director Nicholas Mapute on fraud and criminal abuse of duty charges.

Mapute did not seek Concourt relief and wants to stand trial.

In his application through his defence counsel Advocate Firoz Girach, Gandawa said his case was similar to Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo whose arrest was suspended by the Concourt.

He wants the Concourt to also declare his arrest, detention and placement on remand unconstitutional.

“The Zimbabwe Anti-Corruption Commission (Zacc) does not, in terms of the Constitution or the law, have the power to arrest and detain suspects,” he said.

“In terms of the Constitution, the Prosecutor-General does have the power to order the Commissioner of the Police to arrest any person.

“The search warrant by Zacc is illegal and should be nullified.”

Gandawa and Mapute are accused of unlawfully benefiting about $430 000 from Zimdef between November 2015 and June 2016.

Some of the counts includes that of $95 800, which was transferred from Zimdef to Wishbone Trading through CABS.

Gandawa received $20 000 through his personal Barclays account after which he transferred $19 030 to HIB Rajput PL T/A Ace Cycles.

He then transferred $27 550 to SKM Motorcycles for 10 tri-cycles for Prof Moyo and the balance was withdrawn in cash.

It is alleged that $107 525 was transferred from Zimdef to Fuzzy Technologies’ NMB Bank account, of which $5 745 was transferred to Pridham Investments for Gandawa’s personal furniture.

Gandawa also paid for 69 bicycles worth $7 260 for Prof Moyo. He also transferred $12 900 to Wisebone Trading as capital to finance his personal business and the remainder was withdrawn in cash.

Fungai Lupande Court Reporter—

Another suspected Command Agriculture inputs theft suspect yesterday appeared in court and was granted $200 bail.

Panganai Marunga (39) appeared before Harare magistrate Ms Rumbidzai Mugwagwa facing fraud charges and was remanded to January 24.

His three accomplices have already appeared in court on similar allegations.

Two of them – Tafirenyika Mariga (43) and Hilda Masamba (34) – were denied bail, while Kumbirai Duku (36) was granted $200 bail.

The quartet is accused of stealing 33,6 tonnes of fertiliser and 30 litres of herbicides meant to benefit 51 farmers in Makonde district, Mashonaland West.

Prosecutor Ms Audrey Chogumaira told the court that the Ministry of Agriculture, Mechanisation and Irrigation Development initiated the Command Agriculture Programme.

Targeted farmers in Makonde district in Mashonaland West were advised to come together in order for them to access Command Agriculture inputs.

It is alleged that 51 farmers in that district formed themselves into a group, which they named Chimurenga.

On December 5 last year, the group was instructed by Agritex Chinhoyi to collect 33,6 metric tonnes of Compound D fertiliser and Atrazin herbicides from Harare.

The court heard that four days later, Christopher Manuwere, Petros Mutenga and the group’s secretary, Christopher Tadzimirwa, went to Windmill in Harare to collect the farming inputs.

The fertiliser was worth $16 800.

The trio sought to hire a truck to hire and was referred to Mariga, who allegedly met Manuwere at Windmill and charged them $650 for the trip to Shubhara Farm in Makonde.

A deposit of $400 was paid, while the balance of $250 was to be paid upon delivery and Manuwere was issued with a delivery note indicating the details of the driver.

In connivance with Masamba, Mariga contacted Manuwere and advised him to wait for them at Westgate roundabout along the Harare-Chirundu Highway where he would pick him up on their way to Makonde.

It is alleged that Mariga, Masamba and the truck driver left Windmill with the loaded truck.

Mariga later sent $14 to Manuwere via EcoCash and ordered him to hire a taxi, while advising him that he had gone to Banket along the same route and the truck was on its way.

In the meantime, Mariga and his accomplices diverted the truck to Murehwa where the consignment was sold. Marunga, who is related to Duku, allegedly sold the fertiliser consign- ment.

Tadzimirwa waited for the truck along the Harare-Chirundu Road, but when it did not appear he proceeded to make a report to the police on December 10.

About $17 350 was lost and nothing was recovered.

Fungai Lupande Court Reporter—

A director with a real estate company appeared in court yesterday for allegedly swindling a home-seeker of Z$5 billion (US$1,6 million at the then exchange rate) in a botched deal for land for residential stands in 2008.

Luke Moyana, who is the director of Zimbard (Pvt) Ltd, was jointly charged with his company for fraud and was remanded by Harare magistrate Ms Rumbidzai Mugwagwa to February 8 on $100 bail.

The complainant in the case is Paul Madziwa.

Prosecuting, Ms Audrey Chogumaira alleged that in early 2008, Kadoma City Council entered into an agreement with Moyana over a piece of land due for development into 81 low-density residential stands.

The council agreed to acquire two diesel trucks from Moyana’s company and in turn give him 61 stands in a barter deal.

It was agreed that Moyana would sell the residential stands after being issued with a certificate of compliance by the council. But he started selling the stands through Southbay Real Estate without servicing them.

Madziwa was interested and contacted Moyana, who advised that the area was a new low-density suburb called Golden Villa Valleys. Madziwa became interested and visited the site.

It is alleged that Madziwa bought stand number 6253 measuring 1 905 square metres for Z$50 billion which was equivalent to US$1 666 666,67 according to a Reserve Bank of Zimbabwe confirmation certificate.

The money was deposited into Southbay Real Estate trust account with ZABG Bank. Madziwa was given an agreement of sale confirming that transfer of the property into his name would be done within 14 days.

The stand was later repossessed by Kadoma City Council and Madziwa lost over $1,6 million and nothing was recovered.

ZBC vehicle set ablaze

Fungai Lupande Court Reporter—

A Zimbabwe Broadcasting Corporation (ZBC) driver last week emotionally described how he watched as the company vehicle he was driving was torched by protesters aligned to MDC-T in Harare on August 24 last year.

The driver, Mr Makesure Cheza, was the first State witness as the trial of the 22 suspects started.

He was waiting to pick up his workmates when the vehicle he was driving was attacked.

“It was on August 24 last year around 2pm when I was accompanying workers to and from work,” said Mr Cheza. “I was driving company vehicle registration number ACM 2664.

“As I waited at our pick-up point along Julius Nyerere Way, I saw people coming towards us. The vehicle had a company logo and the people started throwing stones. I was hit on my head and fearing for our lives, we disembarked.”

Mr Cheza said he used the passenger door because the protesters were coming towards the driver’s side.

“I stumbled upon the handbrake and gear lever,” he said. “I dropped two cell-phones and the car keys in the process. All my workmates had run away and I waited at the footbridge. A man wearing a red T-shirt started the vehicle and stopped it after four metres.

“He slashed all the tyres and another man in a blue T-shirt started the fire on the driver’s side using cardboard boxes. The vehicle was in flames. Riot police and water cannons came and I hid in a nearby building. Later, I saw the Fire Brigade, but the vehicle was already damaged. I did not recognise anyone. I later went to the hospital because my head was injured.”

The lawyer representing the 22 suspects, Mr Tonderai Bhatasara, said there was no need for cross-examination.

The 22 include Promise Mkwananzi, Bruce Usvisvo, Ishmael Kauzani, Kunashe Muchemwa, Tinotenda Mhungu, Tendai Mandimika and Tonderai Chakeredza.

They pleaded not guilty and in their defence gave alibis.

Mr Bhatasara said some of the accused were arrested while at their workplace at Roslin House along Nelson Mandela Avenue.

Mandimika said he was a freelance journalist and was taking pictures of the burning ZBC and police vehicles when he was arrested.

Harare magistrate Mr Lazini Ncube adjourned the trial to February 6.

Prosecutor Ms Nancy Chandakaona alleged that the gang teamed up and held a public gathering along Nelson Mandela Avenue where they had a public meeting in Harare’s central business district.

It is alleged that they conspired to proceed within the CBD and caused public violence, setting ablaze State-owned properties which included two motor vehicles – a Ford Ranger belonging to the police and the Mazda BT50 belonging to ZBC.

The court heard that the gang allegedly stoned privately-owned motor vehicles, looted from shops and disturbed peace, security and order.

Snr Asst Comm Charamba

Crime Reporter—

Three suspected armed robbers who were targeting and robbing people, especially those stranded along highways in Mashonaland West Province, have been arrested.

The suspects, whose names were still being withheld yesterday, have so far cleared eight armed robbery counts in which they robbed 10 people in separate incidents.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba said the three were arrested at a service station in Chinhoyi and that police had launched a manhunt for the fourth suspect who is still at large.

“The accused persons were robbing people of their valuables along the Harare-Chirundu and Chegutu-Chinhoyi highways during the period 20th to 30th of December, 2016,” she said.

“Various property, which includes tyres, car batteries and foodstuffs were recovered. The accused persons have since appeared in court where they were remanded in custody.”

Snr Asst Comm Charamba appealed to members of the public who can assist them with further investigations concerning the case to approach any nearest police station or the National Complaints Desk on (04) 703631.

Armed robbery cases have been on the increase countrywide, with most of the criminals raiding houses and targeting cash and other valuable goods.

Other criminals have also been raiding service stations and business premises, prompting police to carry out awareness campaigns urging people to avoid keeping or moving around with large sums of money.

In November last year, police arrested two suspected armed robbers who were raiding houses in Kadoma, stealing property.

Following the arrest of the two, police recovered a revolver and five spent cartridges and one live round of ammunition.

Fidelis Munyoro Chief Court Reporter—

Mutare is set to have its first High Court in June, as the Judicial Service Commission (JSC) continues with the decentralisation of superior courts in a bid to improve access by the majority.

This will become the fourth High Court to be commissioned after the Masvingo High Court that was opened last year.

Over the past 122 years, Zimbabwe operated with only two High Courts in Harare and Bulawayo.

During his tenure as Chief Justice, Justice Godfrey Chidyausiku took a deliberate decision to decentralise the High Court.

In a wide-ranging address at the official opening of the 2017 Legal Year on Monday, Chief Justice Chidyausiku said the JSC had acquired a building in Mutare which it was renovating with assistance from the Department of Public Works.

“The High Court in Zimbabwe has since time immemorial been associated with the cities of Harare and Bulawayo,” said Chief Justice Chidyausiku.

“The opening of Masvingo High Court marked the beginning of the process to decentralise the higher courts. A new High Court in Mutare is scheduled for opening in June 2017 if everything goes according to plan.”

Chief Justice Chidyausiku took the opportunity to urge his yet to be appointed successor to continue improving access to justice.

Justice Joseph Martin Mafusire and Justice Garainesu Mawadze are running the newly established Masvingo High Court and another set of judges is expected to be posted to Mutare once the court opens.

The opening of the Masvingo High Court is paying dividends as the court has managed to reduce the runaway backlog of cases, while improving the justice delivery system in the province and surrounding areas.

The JSC upgraded the former Masvingo Civil Court into the permanent High Court that is now catering for Masvingo Province and parts of Matabeleland South and Manicaland province.

Fidelis Munyoro Chief Court Reporter—

A High Court judge is likely to be brought before a disciplinary committee by the Judicial Service Commission (JSC) over poor performance and is now being viewed as a liability in the justice delivery system.

Speaking at a ceremony to mark the official opening of the 2017 legal year on Monday, Chief Justice Godfrey Chidyausiku did not name the judge, but said there was reasonable concern about the judge’s ability to perform.

“There are, however, one or two judges whose performance remains unacceptably poor,” he said. “In one instance, the Judicial Service Commission directed me to write a letter of reprimand to the judge concerned.”

The JSC, said Chief Justice Chidyausiku, dismissed the ‘’flimsy’’ excuses given by the judge who claimed had cleared all the cases assigned.

“The judge in question was warned of disciplinary action in the event of no improved performance,” he said.

The JSC has been criticised for basing its assessment of the performance of the individual judges solely on the written judgments bearing HH (High Court Harare) and HB (High Court Bulawayo) numbers.

But the modern trend is to minimise the writing of formal judgments that may, in fact, satisfy neither of the parties affected.

There is a shift even in the courts towards the use of other equally effective alternative dispute resolution mechanisms such as mediation, conciliations, compromise and arbitration.

A judge with a high degree of success in achieving settlements out of court is no less hardworking than the next judge with a higher number of HH and HB judg-ments.

Apart from dealing with HH and HB judgments, the judges also deal with other matters which the JSC seems not to consider such as trial matters, opposed and unopposed applications, chamber applications, pre-trial conferences, electoral and fiscal matters, civil and criminal appeals and criminal reviews.

In 2015, Chief Justice Chidyausiku torched a storm after he criticised “under-performing” High Court judges during the official opening of the 2015 judicial year.

He claimed that one of the judges had managed to deliver only two judgments during the course of the year.

The High Court judges hit back, saying Chief Justice Chidyausiku was out of touch with the modern judiciary delivery trends. They wrote a petition to him demanding that he withdraw his statement, which they said was made in bad faith.

Two years after the criticism, most High Court judges’ performance has vastly improved.

The outgoing Chief Justice Chidyausiku said he had no regrets over his criticism of the performance by all judicial officers, especially by High Court judges.

He said he was happy that since that date, most judges’ performance had improved remarkably.

“In some instances, the performance of those judges who had previously underperformed has surpassed my expectations,” he said.

Fungai Lupande Court Reporter—

Two senior police officers yesterday appeared in court accused of stealing about $8 000 from the force’s income generating project, Kuyedza Women’s Club.

Senior staff officer Fortunate Chirara (39) and Inspector John Madhuku (41) appeared before Harare magistrate Ms Rumbidzai Mugwagwa facing theft charges and were granted $100 bail each.

Their trial dates were set for February 8, 12 and 16. Both police officers were attached at Kuyedza Women’s Club at Police General Headquarters.

The complainant is Kuyedza Women’s Club represented by Senior Assistant Commissioner Justice Chengeta.

The court heard that Chirara was responsible for day-to-day supervision of the club and bookkeeping, while Madhuku supervised other members attached to the club and was a signatory to the club’s CBZ Bank account.

The prosecutor, Ms Audrey Chogumaira told the court that for all purchases for the club, Chirara and Madhuku created and approved an order-to-pay document. They would make bank withdrawals and keep receipts for audit purposes.

It is alleged that on April 8, 2015 the pair withdrew $1 600 from the bank purportedly to purchase a company logo, exhibition cards and stationary.

They bought goods worth $1 450 and swindled $150, it is alleged.

On August 18, 2014, the pair withdrew $40 000 for the purchase of the club’s foodstuffs for their annual show.

They only bought goods worth $38 334,28 and allegedly stole $1 665,72.

On August 24, 2015 the pair approved $9 900 for the purchase of 500 mattresses, but allegedly bought the mattresses for $7 899,84 and swindled $2 000,16.

It is alleged that Chirara and Madhuku approved $2 500 for foodstuffs for last year’s Zimbabwe International Trade Fair (ZITF), $1 050 for travelling and subsistence allowance and $500 petty cash.

The amount totalled $4 050, but the pair allegedly used $3 188 and stole $862.

It is alleged that in October last year, Chirara instructed Constable Mwepete James to raise an order-to-pay document of $500 for payment to the Registrar of Companies and Agriculture Marketing Authority.

She allegedly converted all the money to her personal use.

Madhuku allegedly withdrew $3 000 on May 31, 2013 for the purchase of goodies for the club, but allegedly used $220,16 and stole $2 779,84.

Crime Reporter—-

A team of soldiers, police officers and prison officials has been set up in Botswana to help track down Zimbabwean fugitives who reportedly escaped from Francistown Central Prison at Gerald Estates Centre on Saturday after destroying the prison fence with a manhole cover.

According to media reports, four of the inmates who escaped during lunchtime at the Centre for Illegal Immigrants have since been captured while the others are still on the run.

The four were convicted for offences such as murder and robbery while their fellow escapees were remand prisoners also facing similar charges.

Gerald Estates Police Station commander Superintendent Edward Leposo was quoted as saying the prisoners were on the run and that they did not rule out the possibility that the fugitives had fled Botswana.

“We have assembled a strong team of soldiers, police officers and prison officials in our bid to deal with the situation. We have even deployed helicopters in a bid to effectively manage the situation,” he said.

“We are on the trails of many prisoners so far. What I can assure members of the public is that we will certainly arrest the fugitives.”

After the escape, Botswana police arrested Sicelo and Mlindeli Moyo who were on remand awaiting trial for murder.

The duo was the first to be arrested on Sunday at Masingwaneng Village, a few kilometres outside Francistown.

Another escapee, Mthokozisi Sibanda, who was awaiting trial on charges of illegally possessing ivory, was also arrested on Sunday at Tati Siding Village near Francistown.

Botswana Prisons divisional commander Senior Superintendent Sekano Sekano was quoted as saying the prisoners escaped after destroying a fence during lunchtime.

“It looks like it was a planned escape. We do not rule out negligence on our part as prison officials. The focus is now on arresting those who have escaped. After arresting them we will then investigate what led to the escape and put remedial measures,” he said.

According to media reports, this was the second time that prisoners had escaped from custody in Francistown in less than 12 months.

Sheillah Mapani Court Reporter—

A senior executive assistant director in the Ministry of Mines and Mining Development has been dragged to court by her employer for allegedly defrauding the ministry of $2 000.

Gloriet Chigaramasimbe is employed by the ministry as a senior executive assistant director of mining promotions and development.

Chigaramasimbe is facing allegations of issuing a fake receipt for an export permit to Pangolin Mines and Minerals.

She appeared before Ms Rumbidzai Mugwagwa yesterday facing charges of fraud and was remanded to February 24.

She was granted $50 bail and was ordered to continue residing at her current residential address and to report to the Criminal Investigations Department commissioner of crime every Friday.

Prosecuting, Mr Peter Kachirika alleged that on December 21 last year, Chigaramasimbe received $2 000 from Pangolin Mines and Minerals for an export permit.

It is alleged that she issued a fake receipt to the company.

It is the State’s case that Chigaramasimbe further caused the issuance of a genuine export permit number 7171315 on the strength of the fake receipt.

The offence came to light when the ministry instituted a special audit on the processing of export permits.

It is alleged that the audit discovered that the receipt issued by Chigaramasimbe was from a counterfeit book which was never issued by the ministry and neither was it printed by Government Printers.

pastor Phillip Mugadza

Senior Court Reporter—-

Controversial, self-proclaimed pastor Phillip Mugadza (pictured right) yesterday appeared before the Harare Magistrates’ Courts and sought immediate release claiming that he was over-detained.

Mugadza (46) allegedly prophesied that President Mugabe would die in October.

He is facing charges of causing offence to persons of a particular race, religion, tribe, colour, creed as defined in Section 42 (2) of the Criminal Law and Codification Act [Chapter 9:23].

Mugadza, who appeared before a Harare magistrate Ms Vongai Muchuchuti-Guwuriro, said he was detained beyond the stipulated 48 hours.

Through his lawyers Messrs Gift Mtisi, Jeremiah Bamu and Obey Shava, Mugadza said his arrest and charge were illegal.

They said Mugadza’s rights were violated as he was detained for more than 48 hours.

“We have a preliminary complaint, that the accused’s rights were infringed as he was arrested on Monday at 9am and was brought to court at 10:12am yesterday,” said Mr Mtisi.

“Furthermore, upon arrest, he was told the charge of undermining the authority of the President. When he arrived at the station, he was charged with criminal nuisance and when he came to court, he was charged with causing offence to persons of a particular race, religion or tribe, alternatively criminal nuisance.”

The prosecutor, Ms Audrey Chogumaira, said they were delayed at the National Prosecuting Authority.

“I can confirm the 9am arrest, we are still to check with the investigating officer the time of release and coming to court. I hear they were delayed at the National Prosecuting Authority,” said Ms Chogumaira.

Ms Chogumaira told the court that on January 12, Mugadza was interviewed by The Zimbabwe Mail and said President Mugabe was to die in October according to his prophecy.

In the interview, Mugadza caused an offence and insulted the Christian religion and African tradition.

Ms Muchuchuti-Guwuriro remanded him for ruling today.

Prof Gudyanga

Fungai Lupande Court Reporter—

The Permanent Secretary in the Ministry of Mines and Mining Development, Professor Francis Gudyanga, is set to testify in the trial of two Minerals Marketing Corporation of Zimbabwe (MMCZ) executives accused of siphoning over half a million dollars from their em- ployer.

Prof Gudyanga is the complainant in the matter against MMCZ acting general manager Richard Chingodza (41) and the company’s acting deputy general manager (finance and administration), Hannan Tongai Chitate (35).

Chingodza and Chitate are accused of swindling the company of $625 226,88 after awarding themselves unapproved allowances.

They are represented by lawyer Mr Admire Rubaya.

The pair pleaded not guilty to fraud or alternatively criminal abuse of office as public officers and theft charges.

In his defence, Chingodza said he never connived with Chitate.

“The amounts he received from MMCZ were lawful in terms of his contract and board-approved policies,” said Mr Rubaya. “The complainant, a sophisticated professor, having approved the requests, feigns being defrauded in order to sanitise his own indis- cretions.

“No independent forensic audit was ordered for fairness. The complainant did not confirm accused’s substantive appointment, but raised the charges to navigate the potential labour crisis.”

Chitate told the court that never took any money from the company without approval from his superiors.

Prosecutor Mrs Molyn Mutamangira-Mavhondo told the court that the MMCZ reporting structure was such that the general manager, who is the head of the corporation, reports directly to the MMCZ board, which is chaired by the Permanent Secretary in the Ministry of Mines and Mining Development.

The deputy general manager (finance and administration) reports to the general manager, while the permanent secretary implements MMCZ policies in liaison with the board.

All MMCZ employees require approval from their superiors whenever they apply for loans and the general manager is required to seek approval from the board chairperson on all requests.

The deputy general manager’s applications are approved by the general manager in consultation with the board chairperson.

Contrary to their duties and without following the procedure, Chingodza and Chitate acting in connivance, the State alleged, fraudulently awarded themselves allowances and loans amounting to $625 226,88 over a period extending June 2013 to April this year.

Chingodza, the court heard, benefited $390 985, which he awarded himself on various occasions as an acting allowance, medium-term loan, education loan, long- service award and backpay.

Chitate reportedly pocketed $234 241 on the pretext it was for his education, acting allowance and backpay.

Thupeyo Muleya Beitbridge Bureau
The case of a Beitbridge businesswoman accused of hiring four men, including South Africans, to kidnap her married boyfriend has been struck off remand. This was after the State failed to provide a trial date. Tapiwa Priscillah Hillary Moyo stood accused of hiring the quartet, who allegedly kidnapped and thoroughly beat up Gibson Karonga after he refused to divorce his wife. They took away his car.

The gang is said to have bundled Karonga into the trunk of a Toyota Mark X vehicle when he was dropping off Moyo at her house.

Beitbridge resident magistrate Mr Langton Mukwengi removed the case from further remand after the State led by Mr Oswell Arufandi failed to dispense the trial in conformity with the provisions of the Criminal Procedure and Evidence Act.

Allegations are that Moyo, who co-owns Kaomogkelo Clearing Services with her sister, was in a relationship with Karonga for the past two years.

Karonga was one of the senior managers at the company.

The State further alleged that the woman had been forcing Karonga to leave his lawfully wedded wife without success. The accused allegedly hired four men on December 5 last year to kidnap Karonga, whom they bundled into the trunk of his car and drove him to an unknown area in the bush.

Upon getting to the bush, they allegedly tortured him for seven hours, threatening to burn him alive if he refused to give in to Moyo’s demands.

During the process, the woman ordered Karonga to hand over the vehicle and papers of a house he built during their happy days, claiming that she funded the projects.

The court further heard that at some point, the men shoved papers in Karonga’s hip pockets, which they lit up in a attempt to burn him.

One of them later had a change of heart and put the fire off.

The gang later released Karonga into Moyo’s custody after coercing him to sign off his properties under duress.

The man was rescued after he managed to send a text message to his brother, who promptly informed the police.

In her defence, Moyo disputed that she had hired the assailants, but said she had fought with Karonga after he received a suspicious text message on his mobile phone.

She said she picked an empty bottle and hit Karonga when she felt she was being overpowered.

Moyo also stated that the vehicle and the house belonged to her clearing company and not to Karonga.

Crime Reporter
Four Zimbabweans who were part of an 18-men gang which escaped from Francistown Central Prison at Gerald Estates Centre last Saturday after destroying the prison fence with a manhole cover, appeared in court on Wednesday in Botswana. A team of soldiers, police officers and prison officials has been set up in Botswana to help track down the 14 fugitives who are still at large. According to media reports, the four are Mlindeli Moyo, who is facing murder charges; Methuli Sibanda (unlawful possession of ivory), Sicelo Sibanda (murder) and Godwin Mapunganyi, who is also facing murder charges and various counts of armed robbery.

The four appeared before Francistown magistrate Mr Ishmael Molobe.

It is reported that the prosecutor Mr Kelebonye Matsapa told the court that the police arrested Mapunganyi on Tuesday around the Tutume area.

“All the accused persons entered Botswana through different ungazetted points and they are from Zimbabwe,” he said. “Moyo, Sibanda (Methuli) and Mapunganyi have already been convicted of the charges they were facing at the High Court.”

Thupeyo Muleya Beitbridge Bureau
The trial date of a 34-year-old police officer stationed at Tuli in Beitbridge, who connived with two suspected cattle hustlers to steal 27 beasts worth 244 000 rand from Musina, South Africa, has been set for January 31. The trio is also accused of selling the cattle to the Cold Storage Commission in Bulawayo.Patrick Gwete, a police officer, Onius Ndou (46) and Leonard Mangavha (40) all of Swereki area under chief Stauze denied the charges when they appeared before Beitbridge resident magistrate Mr Langton Mukwengi on Tuesday.

The trial was postponed when Gwete brought another legal representative, Mr David Mhiribidi of Mhiribidi and Partners.

Initially, all the accused persons were being represented by Mr Thompson Mabikwa of Mabikwa and Partners.

The trio is out of custody and appearing in court on summons. Prosecuting, Mr Jabulani Mberesi told the court that on August 3 last year, at around midnight, Ndou and Mangavha illegally crossed the Limpopo River into South Africa and proceeded to Kongo Farm where they stole 27 cattle.

Abigail Mawonde Herald Correspondent
The Zimbabwe National Parks and Wildlife Management Authority (Zimparks) has named a suspected cross-border poaching kingpin as Dumisani Moyo. The authority said Moyo was hiding in Zambia and police were tracking him down. Zimparks spokesperson Ms Caroline Washaya-Moyo told The Herald recently that Moyo was working with a group of foreign criminals.

“Cross-border elephant poaching in the Zambezi Valley is being conducted traditionally by Zambian poaching groups who use the same traditional crossing points into Zimbabwe,” she said.

“The only Zambian group linked to alleged notorious Zimbabwean poacher Dumisani Moyo originally from Lower Gweru, but now resident in Lusaka, Zambia, is the only gang that has no boundary as they poach inland, targeting all rhino properties. Dumisani Moyo is on the International Police Red Notice.”

Ms Washaya-Moyo said Mozambican poaching groups targeted Gonarezhou and Save Valley Conservancy where they kill elephants.

She said most of the poaching activities taking place inland were perpetrated by syndicate members of different groups hired to form one larger organised gang.

They exchange notes in cyanide use and provision, knowledge of geographical areas and teach each other local language for blending with the community.

Ms Washaya-Moyo said firearm shortages had not deterred poaching activities.

“The mere fact that a total of 22 illegal firearms have been removed from circulation in 2016 alone has resulted in firearm shortages to local poachers, resulting in groups hiring weapons from places far-afield as Muzarabani, Gokwe, Kwekwe and Mbire district to go and poach in Save Valley Conservancy, Gonarezhou, Bubye and Hwange areas,” she said.

Ms Washaya-Moyo said although Government arms like the Judiciary, police, prosecution and Zimparks had made significant breakthrough in ensuring that cases were investigated properly and dockets compiled to standard, the granting of bail to suspects was complicating issues.

“Accused persons when granted bail violate their conditions of bail and re-offend,” she said. “A worrying trend is that the poachers make subscriptions to established law firms for legal advice in the event of being arrested, a clear indication of syndicates at play.

“Zimbabwe Parks and Wildlife Management Authority will continue to lobby for consistency in wildlife cases that appear before the courts countrywide.”