Court Reporter
Footballer Tapiwa Mangezi appeared in court on Tuesday accused of ramming a vehicle with four University of Zimbabwe students who were on their way from a graduation party in October last year. Mangezi (28) was not a holder of a valid driver’s licence when the accident occurred. He played for CAPS United, Gunners, Chiredzi and Shabanie Mine football clubs before becoming a player’s coach at DC Academy.

Mangezi appeared before Harare magistrate Ms Tilda Mazhande charged with driving without a valid driver’s licence and negligent driving. There were four people in the vehicle he rammed, two of them had graduated the previous day, while the other two were still students at the university.

Mangezi pleaded not guilty to the charges, as it emerged that two of the vehicle occupants were injured on impact. Ms Mazhande postponed the matter to February 6 for trial.

The prosecutor Mrs Devoted Nyagano-Gwashavanhu alleged that on October 1 last year, Mangezi was driving a Toyota Corolla registration number AEA6331 along Josiah Tongogara Avenue around 4am.

It is alleged that Mangezi, who was driving due west, encroached into the lane for oncoming vehicles and collided with a VW Bora registration number ACY3239 with the four occupants.

Mangezi’s vehicle was damaged on the front, while the VW was seriously damaged. Mrs Nyagano-Gwashavanhu told the court that Mangezi was negligent as he was travelling at an excessive speed.

He allegedly failed to stop or act reasonably when a collision seemed imminent and failed to keep a proper lookout.

Lionel Depute Court Reporter
Old Mutual financial advisor Mr Fidelis Chabuka, who was facing accusations of trying to fraudulently sell a residential stand, is now a free man after the charge was withdrawn before plea at the Harare Magistrates’ Court. The charge was withdrawn on Tuesday after the complainant in criminal case number 11868-71-16, Blessing Boka, filed an affidavit indicating that he wanted the matter to be withdrawn.

Chabuka (51) appeared in court last September on allegations of conniving with his relatives Constantine Chabuka (67), Kudakwashe Chabuka (29) and Tonderai Posi (63) in selling a residential stand belonging to Constantine’s late daughter-in-law, Magret Chabuka.

The quartet was alleged to have created a fake letter of administration with reference number DRH 512/12 to sell the $10 000 stand in Damafalls through Linda Chirumbwana, a consultant with Royal Properties.

Chirumbwana was said to have contacted Boka who expressed interest in the stand after which he paid the deposit before signing an agreement of sale.

A registered estate agent, Desire Dube, caused the arrest of Chabuka and his relatives on allegations that they wanted to fraudulently sell the stand.

Dr Mangudya

Fidelis Munyoro Chief Court Reporter—
Zimbabwe People First leader Dr Joice Mujuru’s constitutional application seeking to invalidate a Presidential decree that introduced bond notes has been scheduled for February 1. The matter was set for next month after the Constitutional Court granted Dr Mujuru the nod to bring back her case to the court for hearing.

On Wednesday, Dr Mujuru’s lawyers led by Professor Lovemore Madhuku, filed their heads of argument at the Constitutional Court.

Last September, the apex court threw out Dr Mujuru’s request to nullify the executive decree saying the challenge was premature and speculative because the disputed currency was not yet in circulation.

Two months later, in November, Dr Mujuru went back to the Constitutional Court to contest the legality of a Presidential decree providing a legal framework for the introduction of bond notes as legal tender in a fresh case.

She listed President Mugabe, Parliament, Finance and Economic Development Minister Patrick Chinamasa, Reserve Bank of Zimbabwe Governor Dr John Mangudya and Attorney-General Advocate Prince Machaya as respondents.

She wants an order declaring that President Mugabe, by exercising Parliament’s primary law-making power through Statutory Instrument 133 of 2016, failed to fulfil his constitutional obligations to obey certain provisions of the Constitution.

She also wants the regulations to be nullified for want of fulfilling the constitutional obligations. It is her contention that President Mugabe has no constitutional authority to make statutory instruments and/or amend Acts of Parliament.

The bond notes, which are backed by a $200 million African Export Import Bank (Afreximbank) loan facility, are at par with the US dollar.

Bond notes were introduced in $2 and $5 denominations would follow in March before the gradual rolling out of the $10 and $20 notes. The first phase of the bond notes introduction saw $75 million being released by end of last month.

Tafadzwa Zimoyo Senior Court Reporter
A G-tel security guard on Friday last week appeared before a Harare magistrate for allegedly raping a juvenile at gunpoint, before stealing a Zimbabwe Prisons and Correctional Services uniform. Isaiah Juchure (54) of Epworth was remanded in custody to February 9 for trial by Ms Rumbidzai Mugwagwa.

He is facing charges of robbery and rape.

The prosecutor Mr Sebastian Mutizirwa told the court that on November 17, at Little Matopos Farm, Twentydales, Juchure approached the juvenile (17) who was alone at home and stated that he was doing a follow up on a case he was investigating.

He followed the juvenile into the house and locked the door. It is alleged that he tied her hands with a t-shirt, used a cloth to gag her and locked her in a bedroom.

Juchure started searching the house and took a shotgun from a gun cabinet. He allegedly untied her and ordered her to undress at gunpoint before raping her twice.

Juchure later left the juvenile locked up in the bedroom. He then stole goods, including a gas cylinder, $30, groceries and a Zimbabwe Prisons and Correctional Services uniform belonging to the juvenile’s employer.

The juvenile was rescued by a neighbour who heard her crying for help. The matter was reported to Hatfield police on November 18 and investigations were carried out.

On December 30, the juvenile identified Juchure, who was driving a white mini-bus along Mbizi Game Park Road in the area, but failed to capture the number plates.

She then told her employers about her findings and they reported called Epworth Police Station, leading to Juchure’s arrest. The juvenile was taken to hospital for examination and a medical report was obtained.

Crime Reporter
An armed robber masquerading as a Bulawayo City Council employee raided a house in Luveve suburb and got away with a gun and rounds of ammunition after raping a 16-year-old domestic worker who was at home alone. The incident occurred on Tuesday at around 7pm when the armed robber duped the victim into believing that he wanted to record the water meter reading. Chief police spokesperson Senior Assistant Commissioner Charity Charamba warned people to be wary of such cases.

“An unknown male adult approached a 16-year-old female who was alone at her employer’s residence,” she said. “He masqueraded as a city council employee who wanted to take a water meter reading.

“After establishing the female juvenile was alone, he tied her up and demanded keys to the safe which was in the house. When the female juvenile professed ignorance of where the safe keys were kept, he raped her once.”

Snr Asst Comm Charamba said the armed robber then got away with a rifle and five rounds of ammunition. “The Zimbabwe Republic Police is warning members of the public not to allow strangers into their premises, especially at night,” she said.

“Firearms should be properly secured so that they do not fall into the hands of criminals who end up committing even more heinous crimes.” Armed robbery cases have been on the increase countrywide, with most of the criminals raiding houses and targeting cash and other valuables.

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.

Takudzwa Matambura Court Reporter
A Harare man is battling for his life at Parirenyatwa Group of Hospitals after he was severely battered on the head with a plank for allegedly taking sweets from a vendor’s stall without paying. The vendor, David Shumba (33) from Epworth, appeared before Harare magistrate Ms Rumbidzai Mugwagwa on Wednesday last week charged with assault.

He was denied bail and was remanded to February 1. Allegations are that on Monday last week, Shumba, who is a vendor in Msasa, accused the complainant of helping himself to sweets from his vending stall.

It is alleged that Shumba, armed with a plank, struck the complainant on the head and hands several times. The complainant experienced severe bleeding and was admitted at Parirenyatwa Group of Hospitals.

Shumba was apprehended while he was fleeing from the scene with the plank in his hands.

Anesu Chakabva Herald Reporter
A 53-year-old man was murdered at a nightclub in Chitungwiza on Sunday last week following a misunderstanding with two unidentified men over a cellphone and a wallet. The two men, who have not yet been arrested, are believed to have robbed the man of the cellphone and a wallet with an undisclosed amount of cash.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba said the incident occurred at around 6am at Burge Inn Sports Bar in Zengeza, Chitungwiza.

“The victim, a 53-year-old male adult, was found lying unconscious outside the sports bar with a swollen eye,” she said.

“He was last seen in the company of two unknown male adults arguing over a mobile cellphone, which together with his wallet, were not subsequently found on his person.

“He was ferried to Chitungwiza Central Hospital where he later died.”

Snr Asst Comm Charamba appealed to anyone with information that might assist the police with investigations to contact the National Complaints Desk on (04) 703631 or any nearest police station.

The latest incident comes as police have been expressing concern over the continuous increase in murder cases that are being reported countrywide.

Last week, an eight-year-old girl died from severe burns in Lupane after she was assaulted by her step-father who later covered her with a blanket in front of a tin with boiled water as treatment for the assault.

A 37-year-old man was also fatally assaulted by a mob after being accused of trying to steal from a house in Epworth.

In another related incident, a 23-year-old Harare man died last week after he was stabbed on the forehead during a fight with a colleague.

Deputy Commissioner-General (Crime) Josephine Shambare (right) receives a token of appreciation from Officer Commanding Police Protection Unit Senior Assistant Commissioner Lee Muchemwa for being the guest of honour at a PPU belated end of year party held in Harare over the weekend. — Picture by Kudakwashe Hunda

Crime Reporter
At least 20 officers were last year dismissed from the Police Protection Unit (PPU) after they were found to be unsuitable for duty, while 47 others retired, a senior officer has said. According to statistics released by police, PPU lost a total of 89 officers through transfers, discharges, retirements and deaths.

The Police Protection Unit specialises in providing security to VVIPs, VIPs and members of the diplomatic corps.

Officer commanding Police Protection Unit Senior Assistant Commissioner Lee Muchemwa said that last year, four officers died, while 18 others were transferred from the unit without replacement.

“In the human resources management sphere, we recorded a high turnover where the province lost 89 members through transfers, discharges, retirements and deaths,” he said.

“A total of 18 members were transferred out of the province (PPU) without replacement, 47 retired from the police service and 20 were discharged from the organisation as being unsuitable for police duties.”

Snr Asst Comm Muchemwa was speaking at the PPU 2016 belated end-of-year party which was held on Saturday in Harare. He said PPU had a zero tolerance to any form of indiscipline and those found wanting would be dealt with accordingly.

The unit, Snr Asst Comm Muchemwa said, was undertaking various income generating projects such as animal husbandry, which includes the rearing of cattle, sheep, goats and pigs.

“We are also involved in crop farming and in the 2015-2016 summer cropping season we planted six hectares of soyabeans and harvested 6,2 tonnes of soyabeans,” he said.

“This season we planted five hectares of maize at Chipping Farm under the Government’s Command Agriculture scheme.” Snr Asst Comm Muchemwa said the shortage of appropriate water supply, especially during the winter and autumn seasons due to regular breakdowns of the borehole and high cost of electricity at Chipping Farm was affecting their horticulture project.

He said their residential camp was meant to accommodate 711 families and 285 single police members, but was now accommodating 1 609 families, most of whom were sharing houses, making it over populated by 898.

Snr Asst Comm Muchemwa said PPU had a housing co-operative which had 40 beneficiaries, while its members were also part of Imbahuru Housing Co-operative which has 280 police officers and ZRP Housing Co-operative which has 205 members.

Police Deputy Commissioner-General (Crime) Josephine Shambare said the PPU had a mammoth task of ensuring the security of VVIPs, including President Mugabe, Vice Presidents, ministers, diplomats and judges.

“I wish to also commend you for managing to reduce crime and related incidences at your various points of guards,” she said. “Certainly, a 27 percent decline in crime and related incidences during the period under review is a remarkable achievement.”

Deputy Comm-Gen Shambare said the number of accidents involving police vehicles belonging to the unit declined by 41 percent.

Freeman Razemba Crime Reporter—
The Zimbabwe Republic Police has introduced point of sale machines at some of its traffic branches and police stations to facilitate easy payment of fines. Chief police spokesperson Senior Assistant Commissioner Charity Charamba confirmed the new development on Thursday last week. “The Zimbabwe Republic Police, in line with embracing plastic money and in response to calls from members of the public, has launched a pilot project by introducing point of sale machines (swipe machines) at some traffic and duty uniform branch stations throughout the country,” she said.

Some of the traffic centres where the machines have been introduced are Harare Central, Southerton, National Highway Morris Depot, Chinhoyi, Norton, Chegutu, Kadoma, Chipinge, Mvurwi, Chivhu, Murewa, Masvingo, Rusape, Marondera, Gutu, Bulawayo Central, Chiredzi, Mazowe and Nkulumane.

The machines were also introduced in Karoi, Mabvuku, Chitungwiza, Mt Darwin, Bulawayo West, Bindura, Mutare, Gwanda, Beitbridge, Plumtree, Victoria Falls, Hwange, Lupane, Gokwe, Kwekwe, Zvishavane, Gweru and Rutenga Traffic Post.

Apart from the traffic centres, the police also introduced the point of sale machines at three police stations — Beatrice, Nyanyadzi and Nyamapanda.

“Members of the public who are admitting to offences are free to use this facility for their convenience,” said Snr Asst Comm Charamba. “More swipe machines will be introduced with time.”

Government is encouraging the use of plastic money to ensure that the transacting public is not inconvenienced by the cash shortages on the market.

Crime Reporter

Police in Botswana have arrested a fifth escapee who is part of the 18 Zimbabweans and B0tswana who fled from lawful custody at Gerald Estates Centre for illegal immigrants last week.According to media reports in that country, 13 of the escapees are still at large and police are still in the hunt for them. The fifth suspect, Gofamodimo Molosiwa, was arrested on Wednesday last week at Aerodrome location in Francistown.

Molosiwa is the first of three B0tswana escapees to be arrested. It is reported that the 28-year-old Molosiwa is not new to controversy as he allegedly assaulted a prosecutor, Mr Mompoloki Gaboiphiwe, at the Francistown Magistrates’ Courts sometime last year.

Molosiwa was arrested at Aerodrome suburb where he was found in a house with a woman suspected to be his girlfriend. He appeared in court on Friday last week and was formally charged with unlawfully escaping from custody.

At the time of his escape, Molosiwa was serving sentences for a spate of robberies.

Hours before Molosiwa’s arrest, four of his fellow escapees, who are all Zimbabweans who entered Botswana illegally, appeared before the court to face a single count of escaping from legal custody.

They were not asked to take pleas by presiding magistrate Mr Ishmael Molobe. The four are Mlindeli Moyo and Sicelo Sibanda (both charged with murder), Methuli Sibanda (unlawful possession of ivory) and Godwin Mapunganyika, who faces multiple charges of robbery and murder.

Three of the four men were arrested on Sunday last week near the villages surrounding Francistown.

Police in Francistown have indicated that they are close to arresting more of the 18 prisoners who fled custody, with intelligence indicating that the fugitives are still somewhere in Francistown.

The men who are still at large are Chakalani Barati, Thabani Ncube, Musa Willy, Elvis Ndlovu, Dzikhamani Ndebele, Innocent Nyoni, Charlote Ndlovu, Ronald Moyo, Edwin Ncube, Sunganai Tafiraushe, Givemore Chaloba, Brilliant Thabisani and Bruce Masuku.

US dollars

Prosper Dembedza: Court Correspondent

Mbare magistrate Mr Stanford Mambanje yesterday postponed the matter in which a city woman reportedly connived with her brother to defraud her husband of more than $12 000 in a salary scam.Bright Chiororo (40) and his sister Sinikiwe Mparutsa (46) are facing four counts of fraud . The complainant is Classic Super Foods, represented by its director Alvin Mparutsa, Sinikiwe’s husband. Mr Mambanje remanded the pair to February 28 for trial commencement.

It is alleged that in the months of September, October, November and December 2011, Sinikiwe misrepresented to Classic Super Foods Private Limited that Chiororo was employed by the company and was awarded different amounts as salary for four months.

It is alleged that as a result of the misrepresentation, Chiororo was paid a salary for four months knowing that he was not employed by Classic Super Foods. During the first month, Chiororo was paid $2 879, 49 and $3 264,87 during the other months.

The complainant was prejudiced of $12 673 and nothing was recovered.

Cde Kasukuwere

Daniel Nemukuyu: Senior Court Reporter

MDC-T has approached the Constitutional Court challenging the constitutionality of parts of the recently amended Local Government Act which gives the responsible minister powers to unilaterally suspend councillors, chairpersons and mayors without setting up a tribunal.In terms of the Local Government (Amendment) Act, 2016, the Minister of Local Government, Public Works and National Housing has power to suspend councillors, mayors and council chairpersons on his own, a situation which the opposition party argued to be against the spirit of the supreme law.

The opposition party argued that the new law was in disharmony with the Constitution, which provides for the setting up of an independent tribunal to decide on whether or not a councillor should be removed from office.

MDC-T last week filed an application for direct access to the Constitutional Court, arguing that the new law should be declared unconstitutional.

The Minister of Local Government, Public Works and National Housing Saviour Kasukuwere, Vice President Emmerson Mnangagwa, Attorney-General Advocate Prince Machaya and the Speaker of Parliament Adv Jacob Mudenda were cited as respondents in their official capacities.

Section 278 of the Constitution provides for the promulgation of an Act of Parliament which provides a legal framework for the removal of councillors from office through a tribunal.

Section 278 reads:

“An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of,

a) Inability to perform the functions of his or her office due to mental or physical incapacity, or

b) Gross incompetence, or

c) Gross misconduct, or

d) Conviction for an offence involving dishonesty, corruption or abuse of office, or wilful violation of the law, including a local authority by-law.”

MDC-T argued that the Section 2(i) of the Act does not comply with the Constitution because it was silent on the setting up of a tribunal.

“Clearly, the Constitution says there shall be an independent tribunal to remove mayors, chairpersons and councillors, but any such removal shall be on the grounds provided,” reads the application.

“By omitting to mention the independent tribunal from the onset, the Act proceeded as if chairpersons, mayors or councillors could be removed by anybody. The Act has already lost the correct trajectory.”

The opposition party argued that Section 2(2) of the Act gives the minister power to suspend councillors, mayors and chairpersons if he or she has reasonable grounds for suspecting acts of misconduct.

“The minister is not an independent tribunal and there is no room for ministerial intervention left by the constitutional provision. This is blatantly unconstitutional. Suspension is removal, albeit temporarily,” the MDC-T said.

“It is incredible that the Act seeks to smuggle the minister into the law by merely replacing removal with suspension.”

The party also attacked Section 2(4) of the Act which gives the minister the mandate to conduct a thorough investigation whenever he suspects misconduct.

The listed respondents are yet to file their responses to the application.

Daniel Nemukuyu: Senior Court Reporter

A group of 12 indigenous businesspeople who were rounded up during the violent demonstrations that hit Harare’s central business district in August last year have slapped the police with a combined $645 000 suit for unlawful detention and assault.The dozen — seven women and five men — accuse the police of unlawful detention, assault and various other forms of ill-treatment and violation of human rights.

They were all arrested on August 24 last year along Nelson Mandela Avenue at Roslin House where they conduct their businesses. Some of the seven women claim they were harassed to the extent of menstruating outside of their cycles.

The five men are claiming $45 000 each, broken down as follows: $10 000 for unlawful arrest, $10 000 for unlawful detention, $10 000 for assault, $10 000 for pain and suffering and $5 000 for contumelia.

The female plaintiffs are claiming $60 000 each. They want $10 000 for unlawful arrest, $10 000 for unlawful detention, $10 000 for assault, $15 000 for pain, shock and suffering and another $15 000 for contumelia.

On August 24, officers attached to the Police Reaction Group were deployed in the city centre to maintain peace and order during the demonstrations that had become rampant.

They allegedly rounded up tenants at Roslin House in the city and gathered them outside the building before bundling them into the back of a police truck.

The 12 argued that they were unlawfully arrested without any warrant and they were subjected to assault and harassment while in the police vehicle.

It is alleged that the group was taken to Harare Central Police Station where they were detained for four hours. They argued in their summons that they were denied access to medication and ablution facilities.

Home Affairs Minister Ignatius Chombo, Police Commissioner General Augustine Chihuri, and other top police officers who were all cited as respondents are yet to react to the lawsuit.

Thupeyo Muleya: Beitbridge Bureau

ZIMBABWEANS must be wary of dubious characters who invite them to South Africa on false promises of well-paying jobs when in fact they are fraudsters and human traffickers.The country’s Consul-General in South Africa, Mr Batiraishe Mukonoweshuro, told The Herald on Monday that many Zimbabweans had fallen victim to conmen.

“Such fraudulent incidences were quite rampant between 2014 and 2015. The consulate embarked on a campaign to educate fellow Zimbabweans and it seemed to slow down in 2016. We always urge those willing to do business, to contact the Trade and Investment Promotion Officer at the consulate for any assistance or verifications required,” he said.

Mr Mukonoweshuro named one of the conmen as Wallace Dube. He said Dube was running adverts in Zimbabwe targeting job-seekers especially boilermakers, electricians and fitter and turners.

He claims the professionals are wanted in North West and Witbank. Dube was also sending people emails lying he had procured employment for them at Orkeny Gold Mine in Northwest Province.

“He charges those without work permits R6 000 alleging that he has an agent who processes the permits for R12 000, and that he will pay the other R6 000 for a few short-listed candidates. In one of the adverts he said the work permits will be processed in two weeks and that the prospective candidates should travel to South Africa on February 3 for medical examinations and start working,” said Mr Mukonoweshuro.

“He is a fraudster and people should ignore such kind of messages.”

He said Dube was busted before he could dupe more people. The consulate is checking with the police if he is not on the wanted list already.

Chief Supt Nyathi

Crime Reporter

TWO armed robbers raided a service station in Macheke and got away with $730 and a Mitsubishi Pajero while two others robbed a bus conductor after fring a shot into the air.National police spokesperson Chief Superintendent Paul Nyathi confirmed the incidents. He said the first incident occurred at Dutch Service Station in Macheke last Friday at around 2am.

“Two robbers who were armed with a pistol attacked three complainants who were on duty at the service station in Macheke and stole their valuables which include eight cellphones which had been left by different people for charging, cash amounting to $730 and they demanded car keys of a Mitsubishi Pajero that had been left for safekeeping at the service station and drove away,” he said.

He said in another incident which occurred in Zaka at around 3am last Friday, two armed robbers who were passengers in a bus that was travelling from Beitbridge to Harare grabbed and dragged the bus conductor to a secluded place.

They fired one shot into the air and got away with $739 and an LG cellphone. Chief Supt Nyathi also said that four armed men robbed a Harare man of his car last Friday night near the intersection of Bishop Gaul Avenue and Princes Roads in Belvedere.

The four are reported to have blocked the man’s vehicle using their getaway car and assaulted him before speeding off. Chief Supt Nyathi said they were still investigating all the cases and appealed to members of the public to assist them with information that might assist them to contact any nearest police station.

Meanwhile, police have arrested three suspected cattle rustlers in Dema after they allegedly stole a beast in the area.

“On 17 January 2017 at around 1600 hours, a 64-year-old man penned his cattle and the following day he discovered that one beast was missing. He reported the case to the police and investigations were carried out which led to the arrest of three accused persons and recovery of some of the meat in Dema and at Chikwanha Shopping Centre in Chitungwiza,” he said.

Chief Supt Nyathi warned all criminals that the long arm of the law will soon catch up with them and they will face the full wrath of the law.

Meanwhile, a 33-year-old man was arrested for stealing various items valued at $2 737 on different occasions at Chikurubi Support Unit Camp in Harare between November last year and January this year, writes Anesu Chakabva.

Grayson Singandi pleaded guilty to the charges and was remanded in custody to today when he will appear before Harare magistrate Ms Rumbidzai Mugwagwa.

The accused faces charges of unlawful entry and theft as defined in the Criminal Law (Codification and Reform Act). It is alleged that in November 2016, Singandi went on a housebreaking spree getting away with several items which included laptops, cellphones and clothes.

On the first count Singandi went to House No. 170 Block 15 Support Unit Camp and got away with a Toshiba laptop and shoes. The accused allegedly went on to break into another house in the camp, which houses prison officers and their families, and stole an HP laptop, two cellphones – a Samsung and a Huawei.

Singandi allegedly continued to break into more houses within the prison complex getting away with more items. He is assisting the police in the recovery of the stolen goods. Property valued at $2 200 has since been recovered.

The accused was recently released from prison for committing similar crimes and was therefore denied bail as his current charges are an indication of failure to reform. Miss Audrey Chagumira prosecuted.

Minister Dokora

Daniel Nemukuyu Senior Court Reporter
THE challenge against a Government policy requiring all schoolchildren to recite the National Pledge will be heard on February 1 by a full bench of the Constitutional Court.

A Harare man (name withheld), who has three children in primary school, is contesting the constitutionality of the policy, saying it was against his Christian beliefs.

Parties in the matters have all filed their heads of argument and other relevant papers to enable the court to hear the challenge.

Mr David Hofisi of the Zimbabwe Lawyers for Human Rights, on behalf of the parent, filed papers contesting the constitutionality of the requirement.

The National Pledge, according to the father of three school-going children who is behind the challenge, is unconstitutional and against his religious beliefs.

He does not want his children to recite the pledge.

The man, who is a member of the Apostolic Faith Mission in Zimbabwe (AFM), argued that the National Pledge is a prayer which exalts various secular phenomena including the national flag, mothers and fathers who lost their lives in the liberation struggle.

This, he said, is not his understanding of prayer shared by his faith, which reserved worship to God alone.

He contends that the National Pledge is offensive to his religious convictions and thus befouls various sections of the supreme law of the country.

The man’s children are attending Mashambanhaka Secondary School in Murehwa and Chizungu Primary School in Epworth and headmasters for the two schools were listed as respondents together with Primary and Secondary Education Minister Lazarus Dokora and the Attorney-General of Zimbabwe, Advocate Prince Machaya.

He argued that his right to equality before the law and non-discrimination will be violated by the imposition of the National Pledge as a requirement for all children in schools. The man argued that the Constitution recognises the existence all religious beliefs and values and that the new requirement in schools was an endorsement of monotheistic religious beliefs which accommodate secular salutations.

He argued that the National Pledge was neither a provision of that Constitution nor an Act of Parliament hence it cannot limit any of the rights and freedoms in the Declaration of Rights.

The man also contends that the compulsory imposition of the National Pledge as a requirement in schools was in violation of the right to dignity as protected under Section 51 of the Con- stitution.

Minister Dokora defended the recitation of the National Pledge in schools saying it was not a prayer, but a commitment that is necessary for nation-building.

Responding to the challenge, Minister Dokora said there was nothing unconstitutional about the pledge.

The minister argued that the pledge does not, in any way, violate the constitutional rights of parents and their children.

“Applicant’s objection on the grounds of religion is misplaced. The national school pledge is not a prayer in any form.

“There is nothing inappropriate in the wording. It is clearly not a prayer but simply a pledge or commitment which begins by exalting Almighty God. There is nothing wrong in acknowledging God at the beginning of the school pledge,” reads Minister Dokora’s opposing af- fidavit.

The minister urged the Constitutional Court to throw out the challenge saying the idea of a pledge and its wording came from the supreme law of the country.

He said the pledge was a way of boosting patriotism.

“The school pledge is meant to foster patriotism, unity, values and discipline among the learners. The words, as indicated, are drawn from the Constitution.

“It does not replace any existing prayers used to open school assembly sessions. It is a teaching exercise and not a religious observance,” he said.

Minister Dokora said the pledge did not violate any constitutional rights and that it was not a religious instruction.

Daniel Nemukuyu: Senior Court Reporter

The High Court has temporarily barred Harare City Council from demolishing stalls for illegal food vendors or evicting them from their workstations pending determination of the main dispute next week.Justice David Mangota on Friday granted an interim relief to the Vendors Initiative for Social and Economic Transformation (VISET) after deferring their challenge to Tuesday. Council, a fortnight ago slapped the food vendors with a 48-hour ultimatum to vacate the streets or risk the demolition of their properties.

Resisting the order, VISET through its lawyer Mr Tonderai Bhatasara of Mupanga Bhatasara Attorneys, filed an urgent chamber application to bar council from interfering with the vendors’ operations.

Justice Mangota’s injunction allows vendors on the streets until Tuesday when the contest will be heard at the High Court.

The court order reads:

“Pending the hearing and determination of the interim relief, it is ordered that the respondents or anyone acting on their behalf be and are hereby interdicted from initiating or proceeding with the demolition of the vending stalls, destruction of property and evicting of the first applicant’s members from areas they are operating from.”

On Tuesday council police were engaged in running battles with the vendors despite the existence of such a court order. Convoys of council trucks could be seen roaming the streets of Harare unsuccessfully trying to scare the vendors away.

Some vendors even hurled stones at the municipal police officers as a sign of resistance. Some vowed to remain on the streets saying vending was their source of livelihood.

The local authority banned illegal vending of food in the Harare metropolitan area following a typhoid outbreak which claimed two lives in Mbare.

Both victims died last month.

Council reported that 132 suspected cases of typhoid had been recorded so far, while 280 people had presented themselves for screening. The local authority said there were 22 confirmed cases of typhoid and fears were that the disease could spread through unhygienic food vending.

Health Services Director Dr Prosper Chonzi said he feared further typhoid outbreaks as the drivers of the disease were still to be dealt with. He urged residents, especially children, to go for early screening in the event of symptoms related to typhoid.

The symptoms of typhoid are: poor appetite, abdominal pain, headaches, generalised aches and pains, fever, high temperature, lethargy (usually only if untreated), intestinal bleeding or perforation (after two to three weeks of the disease), diarrhoea or con- stipation.

Takudzwa Matambura Court Reporter
An accounts executive with Barclays Bank was allegedly duped of $5 200 by an estate agent. Douglas Chinyanganya took Zephanat Wabatagore to court on Tuesday, accusing him of selling him a plot which he had already sold to a third party Wabatagore (41) appeared before Harare magistrate Ms Rumbidzai Mugwagwa facing charges of fraud and pleaded not guilty.

Prosecutor Ms Audrey Chogumaira alleged that in November 2011, Chinyanganya, who was looking for a plot, was referred to Wabatagore by a friend who had information to the effect that he was selling one.

Wabatagore, who is into the selling of properties, then approached Chinyanganya at his office where he confirmed that he had a number of plots for sale and showed him a site map of plots in Chegutu.

It is the State’s case that Wabatagore told Chinyanganya that he could choose one and pay a deposit of $500. Chinyanganya picked plot number 75 Chegutu County Village and was taken for site viewing by Wabatagore’s employee, only identified as Douglas.

Upon viewing the plot, Chinyanganya discovered that the area was rocky and opted to be reallocated another one, to which Wabatagore agreed. It is alleged that Chinyanganya was allocated plot number 81 in Chegutu Country Village which he accepted and paid $500 deposit and an agreement of sale was signed.

Chinyanganya later made two payments of $2 000 and $2 700 and was issued with receipts.

It is further alleged that Chinyanganya moved to the plot and started developing it until he received a phone call from one Nelson Rigava. Rigava claimed he was the owner of the plot which he had purchased from Wabatagore.

As a result, Chinyanganya approached Wabatagore who promised to refund him, but later became evasive, which prompted him to report the matter to the police. Chinyanganya suffered prejudice of $5 200.

Court Reporter

A Harare magistrate took a swipe at Stanbic Bank for its shambolic security system before acquitting a chief teller, Aaron Rashama, who was accused of stealing $164 000 from the bank.Regional magistrate Mr Elijah Makomo acquitted Rashama last week after ruling that he was not the sole custodian of keys to the bank’s cash vault. In his ruling, Mr Makomo said Rashama’s defence outline showed a total collapsed security system at the bank.

“It shows a rampant disregard for standard operating procedures opening possibilities of other people stealing the money,” said Mr Makomo.

“Investigation by the police leaves a lot to be desired whether it was deliberate or pure ineptitude, one cannot tell. It was alleged that the Closed Circuit Television (CCTV) footage showed the accused entering the vault but no one cared to bring the evidence before the court.

“It is alleged there were $1 notes between bundles of money yet the bank went ahead and used that money. “The level of wanton disregard of strict observance within the bank was at a grand scale, opening the possibility of collusion by all involved to steal the money.”

The court heard that Rashama was based at Stanbic Bank at the intersection of Sam Nujoma Street and Julius Nyerere Way in Harare.

He was in charge of the cash vault and his duties included “cashing and deposits”, vault custody, foreign exchange and query resolution, among others. It was alleged that on January 18 last year, Rashama received and signed for $245 060 and $14 173, 75 vault and canister cash respectively.

The court heard that the money reflected in Rashama’s cash register and the bank’s computer system. He worked as usual until May 24, when he reported for work, but left immediately without the branch manager’s permission.

On realising that Rashama had taken too long to return, the branch manager, Ms Joyce Mhlanga, phoned him on his mobile phone, but the phone went unanswered and was later on switched off.

Ms Mhlanga notified the head of financial crime control, Mr Continue Mudekwa, and the investigations manager, Mr Stanley Shaninga. The pair visited the branch and noticed that Rashama had not yet returned and had also taken with him keys to the vault and canister.

Ms Mhlanga was instructed to take the spare keys to open the vault and canister . It was discovered that $4 252 was in the vault instead of $154 560 reflecting in the cash register.

In the canister there was $3 323 instead of $20 404 also reflecting in the cash register. It was alleged that the sealed bundles Rashama was keeping in the vault were made up of $1 instead of $100, $50 and $20 notes. Noticing the discrepancies, the bank reported the matter to police on Africa Day.

The bank lost $164 389 and nothing was recovered.

Dr Gandawa

Fungai Lupande: Court Reporter

A BUSINESSMAN accused of intimidating a key witness in a case in which Higher and Tertiary Education, Science and Technology Development Deputy Minister Godfrey Gandawa faces criminal abuse of office charges has claimed that the Zimbabwe Anti-Corruption Commission plotted his downfall.Gandawa (pictured) is accused of abusing funds from the Zimbabwe Manpower Development Fund. The key witness in the matter is Mr Walter Chasara. It is alleged Mr Malvern Chimutashu, the businessman, fabricated an affidavit suggesting that Mr Chasara made a false report against Gandawa at Zacc.

In his application for referral of the matter to the Constitutional Court, Mr Chimutashu through his lawyer Mr Clemence Ngweshiwa, told the court that the withdrawal affidavit was created by Zacc.

“The affidavit was created by Zacc and they used Chasara to lure the accused. He was entrapped,” said Mr Ngweshiwa. “Zacc’s constitutional mandate is to recommend investigations. They do not have the arresting powers. “The accused was arrested, detained and had his warned and cautioned statement taken by Zacc officials.

“The police investigations were shoddy. The accused know nothing about the withdrawal affidavit. He was not present during the trap and nobody saw him handing Chasara the document.”

Prosecuting, Mr Michael Reza said Mr Chimutashu’s application was frivolous and vexatious.

“By admitting that he was entrapped, the accused has entered a plea of guilty,” said Mr Reza. “Section 260 of the Criminal Law and Codification Act is clear that entrapment shall be no defence to a crime.

“The other issues he talked about are triable.”

Harare magistrate Mr Lazini Ncube will make a ruling on January 30. Mr Reza alleged that on July 27 last year, Mr Chasara reported Gandawa at the Zacc offices for fraud. It is alleged that between the end of July to September 7 2016, Mr Chimutashu met Mr Chasara during investigations and persuaded him to withdraw the charge.

Mr Chimutashu allegedly crafted an affidavit in Mr Chasara’s name purporting that he had made a false report to Zacc. The affidavit dissociated Mr Chasara from being a key witness.

It indicated that Mr Chasara was enticed with money to report Gandawa. On September 6, 2016 Mr Chasara reported Mr Chimutashu to Zacc. Mr Chimutashu was arrested at Avondale Shopping Centre in Harare the following day as he was handing Mr Chasara the affidavit.

Mr Chimutashu was arrested by officers from Zimbabwe Republic Police and Zacc. The alleged affidavit was recovered from Mr Chasara.