Anesu Chakabva: Herald Reporter

A 70-year-old Mbare man has been arrested on allegations of raping and impregnating his 29-year-old mentally challenged stepdaughter. He appeared before Harare magistrate Ms Rumbidzai Mugwagwa, facing rape charges and was remanded out of custody to February 8 on $50 bail.The court heard that on unknown dates during the period between 2009 and this year, the accused would have sexual intercourse with the complainant on several occasions.

It is alleged that the offence started when the complainant went to visit her younger brother, who stayed with the accused in Mbare. Upon arrival, she found the accused alone at the house and he persuaded her to be intimate with him.

The accused became intimate with the complainant on several occasions. The matter came to light when the complainant’s sister discovered that she was pregnant. After being questioned, she narrated her ordeal and a report was made to the police. The complainant was medically examined at a local hospital and also by a psychiatric doctor.

Anesu Chakabva:Herald Reporter

A Domboshava man was fatally assaulted by armed robbers, who got away with $1 500 cash and three Nokia cellphones. The incident occurred on July 21 last year at the deceased’s homestead in Chirombo Village under Chief Chinamhora.One of the robbers, Pride Tanaka Janure (25), appeared before Harare magistrate Ms Rumbidzai Mugwagwa and was remanded in custody to February 9.

The prosecutor Mr Sebastian Mutizirwa said on July 21 at around 3am, Janure and his accomplices, who are still at large, went to the unidentified man’s house, where they jumped over a security wall.

They used an unknown object to break the padlock that secured the screen door entrance into the deceased’s 15-roomed double storey house. While inside, they destroyed the door that led into his bedroom where he was sleeping and demanded cash from him.

They assaulted the deceased using iron bars several times on the head and all over the body before they took $1 500 and ran away.

The deceased was taken to Michael Gelfand Clinic in Harare where he later died on July 24 as a result of the assault. Janure was later arrested by police following a tip-off.

Minister Mike Bimha

George Maponga in Masvingo

Nearly 1 000 indigenous sugarcane farmers in the Lowveld have taken Industry and Commerce Minister Mike Bimha to the High Court seeking an order for him to reverse an arbitrary increase in cane milling charges.The farmers argue that the increase in the charges threaten the viability of beneficiaries of Government’s Land Reform Programme and will eventually force them off the land.

The cane farmers, through their five associations, want Minister Bimha to reverse his directive to Lowveld sugar cane millers — Triangle and Hippo Valley — that allows them to hike milling charges by almost six percent.

Minister Bimha’s directive allows Tongaat Hulett (majority owner of Triangle and Hippo Valley sugarcane mills) to increase milling charges by the six percent back-dated to 2014. In an urgent chamber application for an interdict made at the Masvingo High Court recently, the farmers cited Minister Bimha as the first respondent, with Triangle Limited and Hippo Valley estates listed as second and third respondents respectively.

The farmers want Minister Bimha to reverse the Distribution of Proceeds (DOP) to the original interim 82,65 percent for cane farmers and 17,35 percent for Triangle and Hippo Valley.

Fidelis Munyoro: Chief Court Reporter

Three men falsely accused of stealing 25 tonnes of fertiliser from a local company will smile all the way to the bank after the High Court awarded each $10 000 in damages for malicious arrest.Punish Mushezhu, Evaristo Muchenjeka and Hanny Chisamba were released after spending two days in police custody. They sued Windmill (Private) Ltd, a fertiliser producing company for $480 000, each claiming $120 000.

The claim covered compensatory and punitive damages as well as attorney fees and costs. But Justice Happias Zhou reduced the amount to $10 000 each. The company denied the claim arguing that police used its discretion whether or not to arrest or detain the three.

Justice Zhou, however, ruled that police discretion could not absolve the company from liability in the present case.

“In the result, the court finds that the defendant (Windmill) committed the delict of wrongfully causing the arrest of the plaintiffs (Mushezhu, Muchenjeka and Chisamba) without reasonable cause,” said Justice Zhou.

“The setting in motion of the process of arrest was actuated by malice.”

In their very terse declaration, the three men argued that Mushezhu, a farmer, entered into a tripartite agreement with Windmill and the Zimbabwe Farmers Union in terms of which the farmer was granted a credit facility to buy and receive fertiliser.

Armed with relevant papers, Mushezhu went to Windmill’s depot in Harare’s Workington area to collect the fertiliser.

He was given 25 tonnes of fertiliser, which were loaded into a truck.

The truck driver Chisamba left Windmil premises.

Some minutes after leaving the premises, Mushezhu, Chisamba and a third man Muchenjeka were confronted by an employee of Windmill, only identified as Mapaike.

He was being accompanied by police detective. The three men were then arrested on false allegations of stealing 25 tonnes of fertiliser.

They were detained for two days at Southerton Police Station. They were later released without any charge. In its plea, Windmill admitted making a report to the police, which triggered the arrest of the trio. It denied, however, that the complaint to the police was malicious.

Windmill pleaded that the trio acted fraudulently in that they used one voucher and one order number to collect fertiliser more than once when they were entitled to use those only once.

The court heard that the voucher in question was in respect of 30 tonnes of fertiliser. However, when Mushezhu went to collect the 30 tonnes, he managed to get only five tonnes as the Windmill advised him that it had run out of stock.

There was therefore a balance owing to him of 25 tonnes in respect of that voucher. The court also heard that police released Mushezhu after he had produced to them proof that he was entitled to the 25 tonnes of fertiliser.

Thupeyo Muleya: Beitbridge Bureau

A 29-year-old Zimbabwean man was yesterday sentenced to six years in jail after he was convicted of operating an illegal immigration office at the South African side of Beitbridge Border Post.Duncan Danda was arrested by the South African police on January 3, while he was stamping passports for foreigners, including Zimbabweans. He was convicted by a Musina magistrate on two counts of contravening a section of the Immigration Act.

He was sentenced to six years in jail for the first count and fined R10 000 for the second. Failure to pay the fine will see 12 months being added to his sentence.

Danda gave prospective travellers a stay of up to 90 days in South Africa. Under South Africa’s immigration laws, Zimbabweans are allowed a stay not more than 90 days in that country per year.

South African immigration officers at the border post are reluctant to give Zimbabweans more days in that country and Danda exploited the opportunity by awarding people 90 days per each single entry for a fee.

South African police spokesperson for Limpopo Province Captain Matimba Maluleke welcomed the sentence, saying it was deterrent enough.

“We hope it will serve as a deterrent to all those who want to play hide and seek with the law,” he said. “We acted swiftly on information about a person who had opened a one-stop Home Affairs office in the heart of the border gate.

“The suspect was stamping passports of foreign nationals at the Beitbridge taxi rank.”

Capt Maluleke said they confiscated the Department of Home Affairs immigrations stamps and an undisclosed amount of US dollars from Danda.

“We strongly suspect that he was not working alone when we look at a scenario where foreigners were able to exit and return to the country through his underhand craft,” said Capt Maluleke.

Fungai Lupande:Court Reporter

A local company allegedly lost over $280 000 to its employees after they claimed that they had clinched contracts from another firm to supply construction services on behalf of the firm.Three employees of Fortune Investments (Pvt) Ltd, Nyasha Matongorere (30), Macmillian Chidziva (34) and Fortune Magama (49), managed to convince their bosses to release the funds on the pretext that it would be forwarded to BL-Harbert International.

They appeared before Harare magistrate Ms Rumbidzai Mugwagwa and the case was adjourned to today for bail ruling. The court heard that BL-Harbert International had been contracted by the American Embassy to build their offices along Lorraine Drive in Westgate, Harare.

The complainant, Fortune Investments (Pvt) Ltd, is represented by its operations manager Gabriel Maruwa. The court heard that Fortune Investments is a broking company which sources and supplies construction services, safety wear, corporate wear and information technology services.

Matongorere and Chidziva were allegedly employed by Fortune Investments as sales executives, while Magama is the director of Premall Investments. It is alleged that Chidziva and Matongorere were responsible for sourcing clients and supplying goods and services on behalf of Fortune Investments.

The court heard that the trio lied to Fortune Investments that Gracious Mukucha, who is in police custody, was a buyer for BL-Harbert International.

They convinced the company that Mukucha had the capacity to offer contracts of supplying goods and services because some of the companies contracted by BL-Harbert were financially incapacitated.

They agreed that Mukucha would pay Fortune Investments the full purchase order value as if the company offered services to BL-Harbert International.

The plan was for Fortune Investment and BL-Harbert to share profits, it is alleged. Fortune Investments accepted the offer.

On October 3 last year, the trio misrepresented to Fortune Investments that Everule Investments and Elite Fuels had been offered contracts by BL-Harbert to the tune of $174 814 and was given $114 400 for funding.

Between October 3 and 25 last year, the trio allegedly lied that Premall Investments was contracted by BL-Harbert International to the tune of $202 401 and they needed funding of $147 780.

Fortune Investments paid the money. On November 21 last year, the trio allegedly lied that another company was offered a contract worth $82 170 and $6 000 was needed for the job.

Fortune Investments was promised payment after the companies had finished their jobs. The company was given fake purchase order and in December last year, its managers realised that they had been duped. The company lost $289 980 and nothing was recovered.

Johannes Tomana

Daniel Nemukuyu: Senior Court Reporter

SUSPENDED Prosecutor-General Mr Johannes Tomana had his property attached over legal costs to the tune of $28 000. The costs were accrued from court cases which Mr Tomana lost last year when he was battling to block the setting up of a tribunal to determine his suitability to continue holding the esteemed office.In the spirited attempts to stop the disciplinary proceedings, Mr Tomana cited the Judicial Service Commission (JSC) as a respondent. JSC lawyers, Kantor and Immerman, last month obtained a writ of execution before instructing the Sheriff of the High Court to attach property.

After the attachment of property, Mr Tomana through his lawyers Mambosasa Legal Practice, filed an urgent chamber application at the High Court to stop the removal of the property which had been set for yesterday. Advocate Thabani Mpofu successfully argued for the temporal stay of execution pending determination on whether or not the PG should lose his property.

Justice Herbert Chitapi on Wednesday evening temporarily stopped the removal of the property pending determination of the dispute today. The property was attached at Mr Tomana’s residence in Glen Lorne on January 23 this year.

The property under attachment includes:

A Toyota Prado (AEB 1142)

Mercedes Benz (ABE 4686)

Wheel barrow

LG plasma television sets x2

Sofas (two sets)

Dining table and eight chairs

Fridges x2

Washing machines x3

Carpets x2

Garden chairs

Borehole pump

Microwave

Television stands

In the pending High Court urgent chamber application, Mr Tomana said JSC lawyers had assured him that he would not meet the payment of costs.

Surprisingly, Mr Tomana said he was ambushed with a writ of execution and subsequent attachment of property as he was never given an opportunity to pay the debt.

“If first respondent’s position (JSC) is that it wants to enforce its costs order, it must tell me, give me time to pay and that will be the end of the matter.

“What is unacceptable with respect, is for first respondent to tell me that it will not enforce the costs order, then turn around at a time that I am supposed to be testifying in defence of my job.

“The clear intention is to unhinge me. Execution carried out under such circumstances cannot be lawful,” he said.

He said everything that his family owns was attached and that the court should intervene and stay execution.

Mr Tomana argued that the writ of execution and notice of seizure and attachment were illegal. “The writ does not relate to sums of money procured under HC1913/ 16. It creates obligations that are not anointed by the parent judgment.

“The notice was not served on myself personally, neither was I granted the rights under Rule 355, which include an opportunity to satisfy the judgment or sums claimed.

“The failure to effect personal service affects computation of the 48 hours within which the removal can be conducted, as such can only commence to run upon my knowledge of the same,” said Mr Tomana.

He said no inventory or valuation report was attached to the notice of attachment, giving an indication that the Sherriff acted unlawfully.

Mr Tomana described the execution as a tainted process and an abuse of the law.

The High Court will today determine whether or not Mr Tomana should lose the property.

Takudzwa Matambura : Court Reporter

The trial of a suspected Command Agriculture abuser, who allegedly stole 33,6 tonnes of fertiliser and 30 litres of herbicides intended to benefit farmers in Mashonaland West, was on Tuesday deferred to February 7.It was postponed to enable police finalise investigations. Panganai Marunga (39), who is on $200 bail, appeared before Harare magistrate Ms Rumbidzai Mugwagwa facing fraud charges. His three accomplices have already appeared in court on similar allegations.

Prosecuting, Ms Audrey Chogumaira told the court that the Ministry of Agriculture, Mechanisation and Irrigation Development initiated the Command Agriculture Programme to ensure food sufficiency in the country.

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 came together and formed a group, which they named Chimurenga. On December 5 last year, the group was instructed by Agritex Chinhoyi to collect 33,6 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 and was referred to Tafirenyika 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.

The balance of $250 was to be paid upon delivery. Manuwere was issued with a delivery note indicating the details of the driver.

In connivance with Hilda 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.

He advised 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.

Mariga allegedly sold the fertiliser.

Tadzimirwa waited for the truck along the Harare-Chirundu Road, but to no avail. He reported the matter to the police on December 10. About $17 350 was lost.

Walter Nyamukondiwa Chinhoyi Bureau
A Mhangura man violently grabbed a two-year-old toddler at the centre of a paternity dispute and slammed the minor to the ground three times before forcing the mother to take a herbicide while threatening her with an axe.

Matthew Musiyakurima (31) of Makumbe Village at Mhondoro Farm in Mhangura later on took poison before he was apprehended by villagers and handed over to the police.

He was taken to hospital after taking water which made him vomit the pesticide.

His wife feigned drinking the poison and did not swallow it.

Musiyakurima started living with his wife, Brightness Sithole, in February 2016, but always argued over the paternity of the child.

The wife once left Musiyakurima following such an argument.

Musiyakurima begged her to return and she complied.

Musiyakurima questioned the child’s date of birth.

On the fateful day, the two had a dispute again over the child.

A cat and mouse chase ensued as Musiyakurima wanted to assault his wife.

When he caught his wife, he asked her to put the baby down.

She refused.

He grabbed the baby before slamming it on the ground three times along a footpath.

Sithole took advantage and ran for dear life while Musiyakurima pursued to her uncle’s home.

Musiyakurima grabbed an axe.

He mixed two herbicides and ordered the wife to drink the concoction.

She pretended as if she had swallowed the poison.

Musiyakurima was apprehended by villagers and handed over to the police.

He has since appeared before Chinhoyi magistrate Miss Patience Chirimo facing murder charges.

The magistrate Miss Chirimo remanded him in custody to tomorrow.

He is disowning a warned and cautioned statement in which he admitted to slamming the baby to the ground three times.

Police were ordered to record another statement which will be confirmed on the next court appearance.

Mr Rummage Isaac prosecuted.

Court Reporter
A suspected conman who used the American Embassy’s name to bait a local company and swindled it over $280 000 has appeared in court.

Gracious Mukucha (30) appeared before Harare magistrate Ms Rumbidzai Mugwagwa last Friday.

He was denied bail and was remanded to February 10.

Mukucha is facing fraud charges.

Mukucha’s three co-accused – Nyasha Matongorere (30), Macmillian Chidziva (34) and Fortune Magama (49) – have already appeared in court on the same charges.

The court heard that BL-Harbert International was contracted by the American Embassy to build their offices along Lorraine Drive in Westgate, Harare.

The complainant, Fortune Investments (Pvt) Ltd, was convinced that Mukucha was a buyer for BL-Harbert International.

Matongorere, Chidziva and Magama told the company that Mukucha had the capacity to supply goods and services as some of the companies contracted by BL-Harbert were financially incapacitated.

They agreed that Mukucha would pay Fortune Investments the full purchase order value as if the company offered services to BL-Harbert International.

The plan was for Fortune Investment and BL-Harbert to share the profits, it is alleged.

Fortune Investments accepted the offer. On October 3 last year, the trio misrepresented to Fortune Investments that Everule Investments and Elite Fuels had been offered contracts by BL-Harbert worth $174 814 and was given $114 400 for funding.

Between October 3 and 25 last year, the trio allegedly lied that Premall Investments was contracted by BL-Harbert International to the tune of $202 401 and they needed $147 780 in funding.

Fortune Investments paid the money. On November 21 last year, the trio allegedly lied that another company was offered a contract worth $82 170 and $6 000 was needed for the job.

Fortune Investments was promised payment after the companies had completed their jobs.

The company was given fake purchase order and in December last year, its managers realised that they had been duped.

The company lost $289 980 and nothing was recovered.

Tatenda Charamba Crime Reporter
A four-roomed house was destroyed in Budiriro, Harare, last week by a rival as the battle to control Ngungunyana Housing Co-operative turned ugly.

The chairman of a faction which is reportedly trying to take control of the housing co-operative, Mr Luke Chesango, is alleged to have fired six shots in the air to disperse a crowd that wanted to stop the driver of his grader from destroying his rival’s house.

Mr Chesango was picked up for questioning by the police in Budiriro on Thursday afternoon in connection with the incident.

No one was injured when the shots were fired.

The Herald witnessed Mr Chesango being arrested.

He was taken to Budiriro 2 Police Station.

The grader was still parked at Mr Tikho Sibanda’s house, which had been destroyed.

In an interview, Mr Sibanda said they had been having squabbles with Mr Chesango for a long time.

According to Mr Sibanda, Mr Chesango was elected chairman by Ngungunyana residents in the absence of Ministry of Local Government, Public Works and National Housing officials.

“Chesango was assisted by his lawyer, Paul Mangwana, to get an eviction order against me.

“I had to go into town to get a recession of judgment and stay of execution papers so that the default judgment could be suspended.

This is when my child called me to inform me that Chesango’s grader was already destroying our house.

“When they tried stopping the driver of the grader, that is when Chesango fired the gun and escaped.”

Mr Sibanda told The Herald that he was elected as chairman of the co-operative in 2009.

In 2013, Mr Chesango allegedly formed a parallel structure and mobilised people.

In 2015, Mr Sibanda was accused of leading a committee that abused member’s subscriptions.

Police spokesperson Chief Superintendent Paul Nyathi was not reachable for comment.

Tafadzwa Zimoyo Senior Court Reporter
Two Harare men who allegedly ran over and killed a pedestrian have appeared in court charged with culpable homicide.

Josphat Sibanengi Jukwa (42) and Casten Wellington Ditima (63) appeared in court on Friday last week.

They were remanded out of custody. Their trial begins on February 6.

Harare magistrate Mrs Nomsa Sabarauta presided over the case.

Prosecuting, Mrs Devoted Nyagano told the court that on April 4, 2013, along Harare Drive, either Jukwa or Ditima drove negligently and ran over Mr Clever Ngweshima.

Ngweshima was trying to cross Clevering Road when the incident happened.

Ditima, who was behind Jukwa, tried to overtake.

He allegedly dragged the deceased’s body which was lying on the tarmac.

Ngweshima died on his way to hospital. Ditima is facing allegations of contravening Section 49 (a) of Criminal Law Act, Chapter 9:23.

Ditima denied the allegations through his lawyer Mr Obey Shava.

“He admits that on May 4, 2013 he was driving the motor vehicle with registration number stated in court, but denies the rest of the allegations contained in the State outline.

“He overtook a motor vehicle which was in front of him, which he now understands belongs to Jukwa.

“As he was returning to the correct lane, he saw the body of deceased lying on the lane and he made an attempt to avoid running over it,” said Mr Shava.

Crime Reporter
Botswana police have arrested the eighth Zimbabwean who escaped from Gerald Estates Centre Prison recently.

The man was arrested last week. This was after 18 prisoners breached prison security and disappeared.

Of the 18, 15 are Zimbabweans.

According to media reports, Botswana Prison Service with the assistance of the police, army and other state security agents, arrested Rowland Moyo last Tuesday.

He is facing robbery charges.

Moyo was arrested at Galo Mall in Francistown.

Prisons spokesperson, Senior Superintendent Wamorena Ramolefhe confirmed Moyo’s arrest.

“Moyo was arrested at around 9pm. We are on the trail of the other escapees and we can assure the members of the public that more arrests will be made soon,” Snr Supt Ramolefhe said.

Moyo was the second suspect to be arrested in Francistown.

Other jail-breakers were recaptured in Tutume, Tatisiding and Masingwaneng.

Only one escapee, Thabani Ncube, who is facing a murder charge in Botswana was arrested in Zimbabwe.

Ncube is currently in custody in Zimbabwe where he has pending criminal cases.

Moyo and six others, Gaomodimo Molosiwa, Mlindeli Moyo, Sicelo Sibanda, Godwin Mapunganyika, Charlotte Ndlovu and Methuli Sibanda are expected to appear in court soon where they will be charged with escaping from lawful custody.

The 18 escapees, who were described as dangerous, face serious charges of murder and robbery.

Three of them are Batswana while 15 are Zimbabweans.

Botswana police have indicated most of the suspects who escaped are believed to be in Francistown and its environs.

Chakalani Barati, Musa Willy, Elvis Ndlovu, Dzikhamani Ndebele, Innocent Nyoni, Edwin Ncube, Sunganai Tafiraushe, Givemore Chaloba, Brilliant Thabisani and Bruce Masuku are still on the run.

Court Reporter
Three butchery employees allegedly introduced their own Point of Sale machines and duped their employer of $255 000.

Cleopas Chibhanguza (34), his wife Rumbidzai (33) and brother-in-law Takunda Muchenje (28) appeared before Harare magistrate Ms Rumbidzai Mugwagwa last week.

They are facing fraud and theft of trust property charges.

The complainant is Definitive Creation (Pvt) Ltd represented by its chief executive officer Mr Shingirai Zinyemba.

The court heard that Chibhanguza and his wife were employed by Definitive Creations (Pvt) Ltd as supervisors of all branches.

Muchenje was the company’s Information Technology Systems manager.

Prosecutor Mr Sebastian Mutizirwa alleged that sometime in 2015, Bellevue butcheries introduced Central Africa Building Society (CABS) and ZB Bank point of sale machines at all branches.

The POS machines were linked to Bellevue butcheries bank accounts.

Chibhanguza, his wife and Muchenje started their own company called Atlantic Logistics (Pvt) Ltd which operated a parallel butchery business.

It is alleged that the trio applied for seven Ecobank POS machines and distributed them in all Bellevue butcheries without the approval and knowledge of Definitive Creations.

The court heard that all sales through ZB Bank POS machines went to Atlantic Logistics account number.

After learning that Definitive Creations wanted to conduct an audit, the trio withdrew all the Ecobank POS machines from Bellevue butcheries.

The offence came to light after the company realised that their cashflow had fallen significantly.

Investigations revealed that $155 000 was stolen.

The court heard that Definitive Creations recovered $12 000 from Atlantic Logistics bank account.

In October 2014, Rumbidzai was allegedly entrusted with Bellevue butcheries’ EcoCash number 0777 199 122.

It is alleged Rumbidzai received all EcoCash transactions totalling $100 000 through the company mobile phone and converted it to her own use.

The court heard that Rumbidzai was confronted by the company and she offered to refund.

She failed to refund the money leading to her arrest.

The company lost $255 000.

Fungai Lupande Court Reporter—-

A 33-year-old businessman accused of intimidating a key witness in Higher and Tertiary Education, Science and Technology Development Deputy Minister Godfrey Gandawa’s criminal abuse of duty case was recorded coaxing him to withdraw the matter.

The businessman, Malvern Chimutashu allegedly created a withdrawal affidavit purporting that the key witness Walter Charasa made a false report against Dr Gandawa at the Zimbabwe Anti-Corruption Commission (Zacc).

Chimutashu yesterday did not dispute the existence of the audio recording. He was answering questions during cross-examination in his application for referral to the Constitutional Court.

“What was the conversation between you and Chasara that led to your arrest?” asked the prosecutor Mr Michael Reza.

“I cannot mention it at this juncture because we talked about a lot of things,” replied Chimutashu.

Mr Reza asked Chimutashu how he was entrapped by Zacc.

“It’s premature for me to comment on that,” said Chimutashu.

“Stop ducking and diving. Explain how you were trapped,” said Mr Reza.

Chimutashu told the court that he had no explanation.

Mr Reza submitted that the section of the Constitution quoted by Chimutashu in his application was improper. “Section 167 (5) he quoted applies to direct access to the Concourt, the correct section is 175 (4),” said Mr Reza.

“The application is frivolous and vexatious, the accused refused to answer critical question.”

In response, Chimutashu said the prosecutor was the one who was being frivolous by trying to vex the court with terminology.

Chimutashu is represented by his lawyer Mr Clemence Ngweshiwa. The presiding magistrate Mr Lazini Ncube will make a ruling on February 2.

The case against Gandawa involves misappropriation of funds at the Zimbabwe Manpower Development Fund (Zimdef). Mr Reza alleged that on July 27 last year, Chasara reported Gandawa at the Zacc for fraud.

It is alleged that between the end of July to September 7 2016, Chimutashu met Chasara during investigations and persuaded him to withdraw the charge.

Chimutashu allegedly crafted an affidavit in Chasara’s name purporting that he had made a false report to Zacc. The affidavit dissociated Chasara from being a key witness and it indicated that he was coerced to make a report after being promised money.

On September 6, 2016 Chasara reported Chimutashu to Zacc.

Chimutashu was arrested at Avondale Shopping Centre in Harare the following day while handing Chasara the affidavit.

Chimutashu was arrested by officers from ZRP and Zacc.

The alleged affidavit statement was recovered from Chasara.

Anesu Chakabva—

A Harare woman lost more than $1 000 to two other women who masqueraded as commercial farmers selling 32 tonnes of maize.

Thandiwe Dube (42) and Deadury Doro appeared before Harare magistrate Mrs Blessing Murwisi-Nyemba facing charges of fraud and were remanded to February 14.

Their accomplices, Martin Gous and Patience Matoyi, are still at large.

The prosecutor Mr Levison Chikafu said sometime in September last year, Theresa Chigutsa’s husband met Martin Gous, who identified himself as a commercial farmer.

Gous then agreed with Chigutsa’s husband to deliver 32 tonnes of maize after receiving a deposit payment of $2 000.

After being advised by her husband, Chigutsa spoke to Gous over the phone and was told to deposit the money via EcoCash.

Chigutsa was only able to transfer $950 on the first day, and since the daily limit was $1 000, she was told to send the balance of $1 050 the following day.

Chigutsa was advised to wait for the truckload of maize near the Swift depot in Southerton, where she waited to no avail.

Chigutsa informed her husband, who told her to call Dube, whom Gous had identified as his secretary.

Dube identified herself as Emma and denied being Gous’ secretary, saying she was only his transport provider.

She said she would not provide the truck to carry Chigutsa’s maize because she had not received payment.

Chigutsa was then told to deposit $400 into Doro’s EcoCash account to hire the truck and was further advised to wait for the truck at Swift depot, Southerton.

She waited in vain for two hours.

Chigutsa called Matoyi after about 30 minutes and she told her that she had been ordered by Gous not to deliver the maize until the balance of $645 was paid.

Chigutsa offered to pay the balance in cash upon delivery of the maize, but Matoyi refused and insisted that she had to deposit $250 before the delivery. She then called Dube and Doro so that they could reverse the transaction.

The court heard that Dube said her company was at Biltrans in Mount Hampden, but when Chigutsa went to the alleged place, she was informed that none of the accused worked there.

Fungai Lupande Court Reporter—

Zimbabwe Manpower Development Fund (Zimdef) chief executive officer Fredrick Mandizvidza, who is accused of defrauding the parastatal of about $96 000 was yesterday remanded to February 15.

Mandizvidza (53) appeared before Harare magistrate Ms Rumbidzai Mugwagwa.

He is facing criminal abuse of office charges.

It is alleged that on November 11 last year, Mandizvidza connived with a ministry official and allegedly created a fake document purporting that the trustee of the fund, Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo had authorised and approved the purchase of 10 heavy-duty printers worth $95 800.The court heard that no such authorisation was granted.

No printers were supplied.

Zimdef lost $119 800 and nothing was recovered.

Anesu Chakabva Herald reporter—

A 15-year-old Harare boy appeared in court yesterday after he allegedly raped his nine-year-old sister on several occasions between December 2015 and December 2016.

The prosecutor Mr Sebastian Mutizirwa told the court that on unknown dates between that time, the boy who is now in Form One, unlawfully had sexual intercourse with his sister, who is in Grade Four.

The court heard that the siblings’ bedrooms were next to each other and the boy would wake up at night and sneak into his sister’s bedroom.

The sister later narrated her ordeal to a friend on December 9 last year and the matter was reported to the police.

Harare magistrate Ms Rumbidzai Mugwagwa remanded the boy out of custody to April 10.

In another incident involving minors, a Highfield couple appeared before the same magistrate facing charges of unlawfully “procuring” two juveniles and turning them into prostitutes.

The juveniles would be forced to sleep with male adults.

The court heard that Naboth Kereke (37) and Mercy Muchenje (36) met the two juveniles (aged 13 and 14) at a party on Christmas Day last year and persuaded them to accompany them to their house number 2541, Jerusalem, Highfield.

Kereke and Muchenje operated a brothel at the house, where they forced the juveniles to have sex with unknown men until January 12 when they were exposed.

The couple was remanded out of custody on $50 bail each.

Tafadzwa Zimoyo Senior Court Reporter—

A Highfield self-proclaimed traditional healer was yesterday sentenced to perform 210 hours of community service at Machipisa Police Station for extortion and fraud.

John Mbaisa (24) appeared before Mrs Nomsa Sabarauta and was slapped with 18 months imprisonment of which six were suspended as he is a first offender, while the remaining 12 were suspended on condition that he repays the $4 853 he owes.

The remaining six months were suspended on condition that he performs the community service.

He will begin his community service on February 4.

In passing the sentence, Mrs Sabarauta said she found Mbaisa guilty of contravening the Criminal Law Act (Codification and Reform) Act Chapter 9:23.

The prosecutor Mr Lovemore Siamunda told the court that sometime in May last year, Ms Takunda Nyengerayi saw an advert in H-Metro newspaper dated February 2, 2016, where Dr Aklan (Mbaisa) claimed he could assist people in securing employment.

According to the advert, if one sent Mbaisa $100 via EcoCash, he could secure them a job in two days. Ms Nyengerayi did not get the employment as indicated by Mbaisa after she gave him the money. She later phoned him and he threatened that he would kill her mother if she continued demanding a refund.

It was the States’ case that Mbaisa then demanded another $500 so that he would not kill Ms Nyengerayi’s mother and she complied. He continued to threaten her, resulting in Ms Nyengerayi losing about $4 143 via EcoCash. Ms Nyengerayi later realised she had been duped and reported the matter to the police.

Cde Chinotimba

Tendai Rupapa Senior Court Reporter—

AN unlicensed 18-year-old commuter omnibus driver has pleaded guilty to killing a pedestrian and disappearing from the scene.

Terrence Chikwanha, who went into hiding after killing Eunice Kabvura, was arrested after Buhera South legislator Cde Joseph Chinotimba offered $300 to anyone with information on his whereabouts.

Kabvura worked for Cde Chinotimba’s security company for years.

Chikwanha appeared before Harare magistrate Ms Rumbidzai Mugwagwa, facing culpable homicide charges, driving without a licence, failure to stop after an accident and failure to report the accident to the police.

He pleaded guilty and was remanded in custody to today for sentencing. The prosecutor Mrs Devoted Nyagano urged the court to remand Chikwanha in custody pending sentence.

“Accused is facing a serious offence where life was lost. He pleaded guilty not out of contrition but because he is aware of the overwhelming evidence against him,” she said.

“He was not supposed to be driving a public vehicle in the first place since his age does not permit him. Statistics have it that these cases of unlicensed drivers driving public vehicles are on the rise and lives are being risked in the process,” she said.

Mrs Nyagano said the court must punish Chikwanha.

“The courts must not cast a blind eye on such reckless behaviour. The accused deserves to be remanded in custody so that a clear message is sent to would-be offenders.”

On December 10, Chikwanha was driving a commuter omnibus along Charter Road due West.

He hit Kabvura at the Simon Mazorodze flyover.

Chikwanha, who was carrying passengers, stopped his vehicle.

He and a passenger then checked if Kabvura was alive.

When he realised Kabvura had died, Chikwanha rushed back to his vehicle and sped off.