Takudzwa Matambura Court Reporter
A Harare man who had just been convicted of theft on Tuesday escaped from the Harare Magistrates’ Courts as he waited for transport to go to prison.

Bruce Vera (35) was sentenced to an effective six months imprisonment by Harare magistrate Ms Tilda Mazhande for theft after he broke into Paul Noel Madzudzo’s car and stole two cellphones.

Zimbabwe Prison and Correctional Services (ZPCS) acting public relations officer Superintendent Priscilla Mthembo confirmed the escape.

“I can confirm that inmate Bruce Vera escaped at the Harare Magistrates’ Court and we are still investigating to establish what really took place leading to the escape.

“We are alerting the public that if they see Vera, they should notify the nearest police station or prison,” said Spt Mthembo.

On January 29, at around 5pm, Madzudzo parked his vehicle, a Toyota Corolla at a supermarket entrance along Jason Moyo Avenue in Harare.

He secured his motor vehicle by locking all doors with the central locking system and closed all windows.

It is alleged that Madzudzo left his cellphone on charger in the motor vehicle and another one tucked between the seats before heading into the supermarket.

The court heard that while Madzudzo was away, Vera broke into the vehicle and stole the two cellphones.

Madzudzo later returned to his vehicle and realised the offence and approached the guard at the entrance who professed ignorance but referred him to the supermarket management.

The shop management then played the closed circuit television (CCTV) and identified Vera.

The assistant branch manager and his team checked around the supermarket and identified Vera standing across the road.

Vera made efforts to flee but was apprehended by the public and was arrested and taken to the police station, leading to the recovery of the cellphones which he had hidden in his car.

Ms Washaya-Moyo

Abigail Mawonde Herald Correspondent
Zimbabwe Parks and Wildlife Management Authority has moved to Masvingo 29 sables that had been illegally captured and smuggled into South Africa.

South Africans Edwin Hewitt, Hendricks Johannes Blignaut and John Herbert Pretorius took the sables from a private game park in Victoria Falls in September 2015.

They were arrested at a crossing point along the Limpopo River.

The authority’s spokesperson, Ms Caroline Washaya-Moyo told The Herald that the 29 sables were an attempted illegal export to South Africa.

“This led to an arrest, trial and conviction and paying of fines in the courts by the three accused while the vehicles and sables were forfeited to the State,” she said.

It is believed that the animals were allegedly driven to an illegal crossing point on the Limpopo River near Beitbridge.

The animals, valued at $348 000 — consisted of seven males, 16 females and six calves.

The smuggling was discovered when the two trucks carrying the sables got stuck in the mud.

She said the authority had the option of selling the sables as part of genetic management or even export them but realised the need to study the genetics of the sables whose origin is Zambian.

Ms Washaya-Moyo said by moving the sables to Mushandike College of Wildlife Management, Zimparks was avoiding contamination of the local gene pool.

She said Mushandike had potential to develop into a centre of excellence in the field of training.

Currently, the college runs wildlife management courses from national foundation certificate to degree level.

“There is existing infrastructure for sable breeding which includes fenced paddocks, game water supply, staff houses and garden plots to grow supplementary feed.

“Ecologically, Mushandike College of Wildlife Management is covered with Miombo woodlands and is suitable for sable habitation.”

She said the project would be run commercially in order to generate funding for the college and the Zimbabwe Parks and Wildlife Management Authority.

Thupeyo Muleya Beitbridge Bureau
Two Zimbabwean men were last week arrested in Limpopo Province, South Africa, for smuggling into the neighbouring country, a contraband of export quality cigarettes worth about R140 000.

William Mawere (19) and Godknows Phedzi (24) tried to evade arrest in Polokwane City when they were involved in a road accident and sped-off when approached by traffic police.

They were later cornered by that country’s organised crime police unit, the Hawks, along the R521 road which leads to Dendron.

Hawks spokesperson for Limpopo province Captain Matimba Maluleke said the duo appeared at Polokwane Magistrate Court yesterday where they were denied bail.

He said the two were charged for smuggling and will appear again in court on February 8.

“Mawere and Phedzi were arrested after we made a follow up on information about a car which was involved in an accident in Polokwane, but did not stop.

“The vehicle reportedly took the R521 road towards Dendron until it was stopped by a follow up team along the same road.

“Upon searching the car, illicit cigarettes valued at R141 427 were found in the car and both men were arrested,” he said.

Capt Maluleke said the contraband and the vehicle they had used in committing the crime had since been confiscated pending further investigations.

He said they were out in full force and ready to pounce on like-minded criminals.

Meanwhile, last Monday two other Zimbabweans who were arrested by the Hawks in 2012 for smuggling a contraband of cigarettes worth R179 000 were jailed three years.

Collen Mkandla (43) and Lovers Chauke (35) who were on R3 000 bail each have been playing hide and seek with the police since 2012.

They were convicted on two counts of contravening the Customs and Excise and the Corrupt Activities Acts at the Mahwerelang Regional Court in Limpopo province.

Mkandla and Chauke were slapped with a three-year jail term with an option to pay a fine of R23 000.

The demand for Zimbabwe’s tobacco and related products has seen the establishment of well-orchestrated syndicates who facilitate the illegal trade and smuggling of the golden leaf into various countries.

South Africa has become one of the major destinations where cigarettes are smuggled through Beitbridge Border Post or illegal crossing points along the Limpopo River.

The Herald is reliably informed that almost 30 percent of the cigarettes on the South African market are from Zimbabwe.

It is also difficult for Zimbabweans to export cigarettes to South Africa because of the high excise duty rates in that country (on tobacco or cigarettes).

Most of the smuggled brands from Zimbabwe to the neighbouring country include Pacific, Remmington Gold, Kingsgate, Madison, Mega, Dullahs, Branson and Servilles.

Anesu Chakabva Court Reporter
A 37-year-old Bulawayo man employed as a driver at ZMD contracted by Mimosa Mine in Zvishavane appeared before the Harare Magistrates’ Court facing fraud and forgery charges.

Harare magistrate Ms Nomsa Sabarauta remanded Sesabo Sibanda of Cowdry Park in Bulawayo to February 23. The court heard that sometime last year on dates unknown to the prosecutor, Mimosa Mine made a request to verify several licences belonging to their employees.

As per request, copies of the licences were brought by the employees to the responsible authorities within the organisation. Upon verification, it was found that Sibanda had forged a retest with an expiry date of May 14, 2016 and according to the records kept at Central Vehicle Registry, he was never retested.

Tendai Rupapa Senior Court Reporter
A Harare man who was last year jailed for an effective three years for allegedly stealing $50 000 from Air Force of Zimbabwe Commander Air Marshal Perrance Shiri in a botched solar power system deal, is now a free man after he successfully appealed against his conviction and sentence at the High Court.

Brian Tarisai Kambasha was sentenced by magistrate Mr Milton Serima to five years in prison, before setting aside two years on condition of good behaviour and restitution.

He was convicted of theft of trust property and was jointly charged with his company Hemmingworth (Pvt) Ltd which was fined $1 000.

Justice Charles Hungwe acquitted Kambasha and in his ruling he said the lower court misdirected itself by convicting Kambasha and his company.

He added that Air Marshal Shiri should have proceeded with a civil claim.

“In the current matter, the relationship between the parties was contractual and ongoing and complainant should have exhausted civil remedies for breach of contract and sued the appellants for specific performance or cancellation of the agreement and damages in a civil court,” he said.

“It is our considered view that the essential elements for the offence of theft of trust property were not met. The complainant should have proceeded with a civil claim for breach of contract. It is our view that the court a quo misdirected itself in convicting the appellants.

“Indeed the trial court should not have placed the appellants on their defence given the fact that the State failed to establish a prima facie case against them at the closure of the State case. The convictions against both accused are quashed and the sentences are set aside. They are found not guilty and acquitted.”

During trial Kambasha was represented by Mr Tazorora Musarurwa before engaging Mr Obert Mawadze for his appeal.

It was the State’s case that in April 2013, Kambasha approached Air Marshal Shiri and proposed a solar power pilot project at his Hopedale Farm in Bindura.

The court heard that Kambasha indicated that the project involved three stages. Air Marshal Shiri agreed to have the first phase of the project undertaken at his farm at a cost of $50 125.

On June 7, 2013 Air Marshal Shiri entered an agreement to pay the money in instalments.

It was alleged that Kambasha only mounted metal stands for the plant and converted the money to his personal use. After two weeks Air Marshal Shiri approached Kambasha who gave him excuses.

The State was alleging that he failed to install the plant or reimburse the money, leading to his arrest on December 12, 2014.

Alban Chirume

Sheillah Mapani Court Reporter
Judgment in the case in which the Zimbabwe Stock Exchange chief executive Alban Dhladhla Chirume is accused of assaulting his estranged wife was last week deferred to February 10.

Chirume is facing domestic violence charges and judgment which was scheduled for Friday was postponed because the trial magistrate, Mr Arnold Maburo, was transferred.

Chirume is represented by lawyer Ms Beatrice Mtetwa.

Chirume’s estranged wife, Susan Mutangadura (44), was last year acquitted on a counter charge of domestic violence.

Mutangadura was the first to lay charges against Chirume. After a week, Chirume also laid domestic violence charges against her, accusing her of punching and pinching him. Allegations are that Chirume removed Mutangadura’s property from Number 41 Harare Drive to Number 52 Borrowdale Road without her knowledge and approval. She drove to Number 41 Harare Drive and found the gate locked.

A security guard at the premises told her that Chirume had instructed him not to allow her into the premises.

The court heard that Mutangadura scaled the precast wall to get into the house. While she was climbing the wall, Chirume came running out of the house and held her by the legs.

A scuffle ensued as Mutangadura tried to free herself. She was bruised on both hands. Chirume alleged that when he came out of the house, he saw Mutangadura sitting at the top of the precast wall.

He claimed to have held her legs to restrain her but she attacked him, punching him several times on the head and biting him on the arm.

She allegedly pinched Chirume on both ears and kicked his private parts. Mutangadura allegedly screamed, alerting neighbour’s who came to intervene.

Tafadzwa Zimoyo and Tendai Rupapa

The Zimbabwe Prisons and Correctional Services (ZPCS) last week failed to take prisoners to court in Harare citing fuel shortages. The whole of last week, the court had to deal with cases of suspects who are out of custody.The “prisoners no-show” saga continued yesterday as suspects were again remanded in absentia. ZPCS spokesperson Superintendent Priscilla Mtembo said the ZPCS did not have adequate fuel to sustain its operations.

“We get our funds from the Government, hence we are working on the process this week so that we rectify the issue as soon as possible,” she said.

“We are aware of the delays that have been going on at the courts countrywide due to failure to bring prisoners to courts. Right now, we are in the process of procuring fuel and we believe the situation will return to normal soon,” she said.

In addition, Supt Mtembo said the vehicles which ferry suspects from prison cells to courts were also being serviced.

“We only have three vehicles for Harare courts – one for Harare Remand, Chikurubi Female and Chikurubi Maximum – and they are all off the road,” she said.

It was not clear how prison officers at the courts were going to transport prisoners to remand prison who appeared in court for their initial remand hearing and were denied bail.

In some courts, prosecutors were advising police officers to take back suspects to police holding cells.

Relatives of suspects held at Harare Central Remand Prison milled around the courts anticipating to see their beloved ones, but to no avail as they were in no-show.

The fuel crisis has severely affected the justice delivery service, with both victims of crime and suspects being denied their day in court.

This also creates a huge case backlog.

A court official who preferred anonymity said the ZPCS should act fast and rectify the problems to avoid case backlogs.

“Something urgent should be done because some pending cases will be delayed hence, more backlog,” she said.

“It is holding us back and this will also have an impact on the overflow of prisoners at remand because they will continue piling up, while waiting their trials and rulings,” she said.

Walter Nyamukondiwa: Chinhoyi Bureau

Ten Zimbabwean nationals who had been incarcerated in a Zambian jail for illegally fishing in that country’s waters in Lake Kariba have been released and repatriated back to Kariba.They had served eight of their 12- month prison sentence after being convicted by Siavonga magistrate Mr Edward Banda in May last year.

The 10 fishermen were reunited with their families on Saturday evening following deportation formalities that culminated in their repatriation through Chirundu Border Post.

They were convicted after a fully contested trial on allegations of not presenting themselves before an immigration official and also fishing in the Zambian half of Lake Kariba without a licence.

The fishermen were charged for contravening the Zambian Immigration and Deportation Act, and the Fisheries Act.

Embassy staff in Zambia facilitated their deportation after initial hitches related to transport.

Said an embassy official: “We provided consular services, which are extended to any Zimbabwean national in a foreign land. They were deported on Saturday.” The fishermen were arrested on the night of March 19, 2016 by Zambian police officers while they were fishing.

At least seven kapenta boats belonging to Lake Fresh Fisheries and two others were impounded.

The incident occurred near Msampakaruma Islands.

Incidents of fishermen from both sides of the lake being arrested for encroachment are common with counter accusations of unfair arrests.

Fungai Lupande: Court Reporter

A 32-year-old police officer allegedly picked a stone and a metal hoe, threatening to attack his colleagues after they arrested him for driving without a licence.Luckmore Mandevere appeared before Harare magistrate Ms Tilda Mazhande facing charges of driving without a valid driver’s licence, and threats of violence.

The prosecutor, Mrs Devoted Nyagano-Gwashavanhu alleged that on December 9 last year, at around 1pm, Mandevere was driving a red Toyota Raum registration number ACF 2426 into Dzivaresekwa police station.

The court heard that two police assistant inspectors and three sergeants saw Mandevere driving the vehicle. He was asked to produce his driver’s licence by his five superiors and he failed to do so.

He was subsequently arrested.

Verifications at the Central Vehicle Registry proved that Mandevere was not a holder of a driver’s licence. It is alleged that on Unity Day last year, Mandevere was spotted driving the same vehicle along Robert Mugabe Road in Dzivaresekwa, Harare.

He was arrested along Gunyana Road in Dzivaresekwa 3. After being advised that he was under arrest, it is alleged that Mandevere disembarked and picked a stone.

He tried to attack his colleague Timothy Sibanda with the stone but he was overpowered and was arrested. The court heard that in the charge-office at Dzivarasekwa police station, Mandevere picked a metal hoe and threatened to strike another police officer Arthur Kanyoka.

The hoe is being kept as an exhibit.

US dollars

Anesu Chakabva:Herald Reporter

TWO men have been arrested on allegations of fraud involving nearly $500 000 after they formed a security company that then stole a tender that had already been won by their former employer.The two – Richard Ndemera (48) and Togara Tombotiya (41) – appeared before Harare magistrate Mr Hosea Mujaya facing fraud charges and were remanded to February 10 on $100 bail each.

Ndemera and Tombotiya were previously employed as finance director and operations manager, respectively, at Heavy Arms Security.

The court heard that sometime in February 2010, Heavy Arms Security director Jeverson Chari (46) secured a verbal contract with William Bain (Pvt) Ltd to supply security guards at the company and was to sign a written contract after three months of rendering services.

It is alleged that in March 2010, Ndemera and Tombotiya then presented an invoice of $6 213 to William Bain (Pvt) Ltd in which they were to be paid as Rebnek Investments (Pvt) Ltd, alleging that it was trading as Heavy Arms Security Services.

It is further alleged that during the same month, Chari forwarded a similar invoice for the same services to William Bain.

Upon receipt of the invoices, William Bain queried the development and engaged Ndemera and Tombotiya on the issue. The two reportedly raised allegations of fraud against Chari and Clever Ndari, a security officer at William Bain.

Ndemera and Tombotiya reported Chari and Ndari to the police, leading to their arrest.

The duo took advantage of Chari’s arrest and approached William Bain and signed a contract with the com- pany.

From March 2010 to October 2016, Ndemera and Tombotiya continued to provide security services to William Bain, receiving a monthly payment of $6 213. They also entered into contractual agreements with other companies.

The court heard that the company, which had no property at the time of Chari’s arrest, now has five motor vehicles, computers, a stand (No. 127 A, Seke Road) and several branches.

As a result of the misrepresentation, the complainant suffered prejudice in the reputation and good administration of his company and financial prejudice in the sum of $497 040 and nothing was recovered.

Meanwhile, a second pair who allegedly claimed that they owned Caledonia Farm and allocated stands to desperate home seekers, prejudicing them of about $56 million will stand trial at the High Court.

Yasin Alfred (44) and Shingirayi Pfirwe yesterday appeared before Harare magistrate Ms Rumbidzai Mugwagwa.

Ms Mugwagwa said the accused were not yet given their trial date despite being on remand since September last year.

“I am granting State a last chance to put its house in order. The accused are facing a charge involving a substantial amount of $56 million,” she said.

“Because of the amount involved, they will stand trial at the High Court.”

She remanded the pair to April 28 pending their indictment. It is alleged that on September 21 last year, the principal administration officer in the Ministry of Local Government, Public Works and National Housing received information that Alfred and Pfirwe were allocating stands in Eastview Estates, Caledonia in Harare.

The court heard that the allocation of residential stands is the responsibility of the Caledonia Management Committee, which was established by the ministry.

It is alleged that the pair misrepresented to home seekers that they owned part of Caledonia Farm and that they were allocated the land by the Ministry of Local Government, Public Works and National Housing.

Alfred and Pfirwe offered residential stands measuring 300 square meters and they were paid varying amounts of money per stand sold.

Anesu Chakabva: Court Reporter

A 24-year-old Ruwa man who was arrested on allegations of forging academic documents appeared at the Harare Magistrates’ Courts last Thursday and was remanded to March 1 on $100 bail.Tatenda Munetsi appeared before Harare magistrate Mrs Rumbidzai Mugwagwa facing charges of possessing articles for criminal use.

It is alleged that Munetsi, of 2554 Chinamaropa Road in Ruwa, operates a printing, photocopying and binding business at Eland Shopping Centre in Ruwa where the offences took place.

The court heard that on January 31 this year, police received a tip-off to the effect that Munetsi was producing fake academic certificates in Ruwa.

Acting on the tip-off, police detectives went to the said shopping centre and a search was carried and various items, including fake Zimbabwe School Examinations Council Ordinary Level certificates in the names of Emmalance Pabwe, Bridget V. Ziki and Yunicorn Fungai Jakata, were recovered.

It is further alleged that a fake Msasa Industrial Training College certificate in the name of Fanuel W. Lloyd, eight fake Zimbabwe Special Air Service certificates in the name of Corporal Kevin Sikosana and a Dell computer used by Munetsi to produce the fake certificates were also recovered from his business premises.

Prosecutor Miss Audrey Chogumaira told the court that the certificates were verified with the relevant authorities who confirmed that they were not authentic.

Prof Moyo

Daniel Nemukuyu:Senior Court Reporter

CHIEF Justice Godfrey Chidyausiku will not be part of the nine-member bench that is set to determine the constitutionality of the arrest of Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo on allegations of defrauding the Zimbabwe Manpower Development Fund (Zimdef) of nearly $500 000.The Registrar of the Constitutional Court has set down the hearing of the matter for tomorrow, but Chief Justice Chidyausiku and Justice Paddington Garwe will not take part.

At the end of last year, the Chief Justice, in his chambers, temporarily stopped Minister Moyo’s prosecution pending the determination of the main challenge by the full bench of the Constitutional Court.

According to this week’s cause list for the apex court, the Chief Justice together with Justice Paddington Garwe will not be part of the nine judges set to hear the matter.

The apex court is expected to determine the lawfulness or otherwise of the arrest of Prof Moyo on allegations of swindling the Zimbabwe Manpower Development Fund.

Minister Moyo, his deputy Dr Godfrey Gandawa and Zimdef finance director Mr Nicholas Mapute, stand accused of abusing nearly $500 000 belonging to Zimdef.

They were arrested by the Zimbabwe Anti-Corruption Commission. Dr Gandawa and Mr Mapute have since been placed on remand at the Harare Magistrates’ Courts.

Before the trio’s court appearance date, the minister instructed his lawyer Mr Terrence Hussein to file an urgent interdict at the Constitutional Court. Chief Justice Chidyausiku, in his chambers, temporarily stayed the prosecution pending determination of the main constitutional challenge.

The registrar of the Constitutional Court has set down the hearing of the main challenge for tomorrow morning.

This was after the parties had filed all the relevant papers for the hearing of the matter. In his main application, Minister Moyo is questioning the constitutionality of his arrest by the Zimbabwe Anti-Corruption Commission (Zacc) and the role played by the police.

He argues that Zacc does not, in terms of the Constitution, have the power to arrest and detain suspects. He also argues that the Prosecutor-General does not in terms of the Constitution, have the power to order the police to arrest an individual.

He sought to stop his appearance in court, describing it as an illegality.

The investigating officer, Sergeant Munyaradzi Chacha, he argued, could not be part of Zacc and the police at the same time, while acting Prosecutor-General Advocate Ray Goba had no power to order his arrest.

Adv Goba said criminal allegations against Minister Moyo were well-substantiated and urged the Constitutional Court to issue an order compelling him to appear before a magistrate in terms of the law within 24 hours of the issuance of the order to answer to the charges.

Responding to Prof Moyo’s challenge, Adv Goba said his office had perused the docket prepared by the investigators and reached a conclusion that there was an “overwhelmingly reasonable suspicion” that the politician and his accomplices committed fraud, theft, money laundering and criminal abuse of office.

To that end, Adv Goba urged the court to dismiss with costs the constitutional challenge by Minister Moyo and instead direct that he immediately surrenders himself to the investigators and appear before a magistrate to answer to the charges.

Adv Goba and his team of chief law officers also picked from the docket that Minister Moyo authorised various transactions in which Zimdef lost close to $500 000.

The acting Prosecutor-General denied ever directing the police to arrest Minister Moyo, but instead said he only directed the Police Commissioner-General to follow due process of the law and assist in the finalisation of investigations by Zacc.

He said Minister Moyo did not deserve to be treated differently from other suspects.

Gershem Pasi

Lloyd Gumbo:Senior Reporter

Zimbabwe Revenue Authority (Zimra) managers, who were suspended early last year, are expected to appear before a disciplinary committee soon to answer to charges of corruption and poor corporate governance that were unearthed by a forensic audit instituted by the Auditor-General’s Office last year.The Zimra board has since suspended salaries for all the managers that were charged after the forensic audit carried out by HLB Zimbabwe Chartered Accountants and accused them of having been party to the siphoning of millions of dollars from the tax collector.

Zimra board chairperson Mrs Willia Bonyongwe said all the other managers, except Commissioner-General Mr Gershem Pasi will appear before the committee this month while the latter will be the last one to do so next month.

“All the other managers will appear before the disciplinary committee on different dates in February while Mr Pasi will be the last one in March,” Mrs Bonyongwe confirmed to The Herald.

She said it was crucial that they conclude the matter so that the revenue collector could proceed with its mandate without distractions.

However, other insiders raised concern with the suspended managers’ strategy of buying time.

“It is now almost a year since they were suspended and according to the Zimra code of conduct, they should have appeared before the committee within 14 days, but they have been deliberately delaying the process.

“However, the authority is determined to bring closure to this matter. Imagine, as things stand, the board cannot hire substantive people to fill those vacancies because the matter has not been concluded,” said the source.

The Zimra board sent Mr Pasi and the other five executives – loss control director Mr Charlton Chihuri; Mrs Anna Mutombodzi (Commissioner of Customs and Excise); Mr Tjiyapo Velempini (director of ICT and Infrastructural Development); Mr Clive Charles Majengwa (director internal audit); and Mrs Sithokozile Thembani Mrewa (director human resources), on forced paid leave in May last year.

However, a source said the board had since suspended salaries and benefits for all the suspended managers.

“These were suspended last year soon after the board charged them following the forensic audit findings. The only challenge the authority has had is the delay to conclude the matter so that it can move forward,” said the source.

A forensic audit carried out by HLB Zimbabwe Chartered Accountants early last year on the operations of Zimra detected endemic corruption, violation of Government laws and poor corporate governance among other ills under the stewardship of Mr Pasi and other five executives.

Mr Pasi and the five executives were suspended in May last year, after revelations that they corruptly imported their vehicles.

The High Court dismissed Mr Pasi’s bid to interdict the hearings in November last year.

Mr Pasi had, through his lawyers, argued that the planned disciplinary hearing was an illegality since it was being held in terms of the Zimra code of conduct instead of Statutory Instrument 15 of 2016.

However, High Court judge Justice Lavender Makoni ruled that the disciplinary hearings should go ahead as planned since the process was above board.

The judge said Mr Pasi was subject to the Zimra code of conduct.

Daniel Nemukuyu: Senior Court Reporter

A High Court judge has blasted a high school headmaster for his high handedness in suspending a Form Four pupil on unproven allegations of theft.This was after parents of the boy suspended by the Zimbabwe Republic Police High School headmaster, identified as Mr J. M. Chingonzoh, went to the High Court in protest against the suspension.

Mr Chingonzoh sent the boy home on allegations that he had stolen a textbook titled, “The Uncertainty of Hope” and $21 from a fellow pupil.

Justice Owen Tagu last week nullified the two-week suspension issued by Mr Chingonzoh and ordered the immediate readmission of the teenage boy into school.

The missing book was later recovered from another pupil at the same school.

Although there was not a shred of evidence that the boy had stolen the book and the cash in question, his father reimbursed the complainant the missing $21 to defuse the problem.

Despite the fact that the book had been recovered from the other pupil and that the $21 had been reimbursed, Mr Chingonzoh went on to suspend the boy.

At one time, the boy was taken for Pre-Trial Diversion and the officer responsible found the allegations to be flimsy and unsubstantiated, before requesting for his readmission into school.

But Mr Chingonzoh was not moved, resulting in the boy’s father instructing his lawyer, Mr Emmanuel Samundombe, to file an urgent chamber application at the High Court.

Justice Tagu blasted Mr Chingonzoh for his heavy-handed approach to the matter.

“What is clear is a high handed exercise of power which is not expected from such a highly educated person, who is fit to be a parent himself,” he said.

“I agree with counsel for the applicant (boy) that what is exhibited in this case are personal attitudes of the second respondent, who only wanted his views to prevail even where there was no evidence.”

Justice Tagu said although misbehaviour by pupils was unacceptable, sending the boy home over such flimsy grounds was irrational.

“It will be regretted if the board that is to meet will stoop so low and come up with a verdict to expel the child on such flimsy grounds,” he said.

“No amount of misbehaviour by students is condoned, but the decision to be made has to be rational and should not be based on some hidden agenda.”

The book in question went missing in December last year.

“The only crime that this child committed was to exercise his constitutional right to deny that which he did not do,” said Justice Tagu.

“The second respondent (Mr Chingonzoh), in my view, must have felt offended by the behaviour of the child. He wanted to assert his powers and expected the innocent child to swallow hook, line and sinker whatever the second respondent was alleging.”

Even if the child had transgressed, Justice Tagu said, the misconduct was so minor and did not warrant continued suspension.

Justice Tagu barred the school from instituting any disciplinary proceedings against the boy.

Evan Mawarire

Fidelis Munyoro: Chief Court Reporter

self-appointed pastor Evan Mawarire of the shadowy #ThisFlag movement will know his fate today, when the High Court hears his application for bail pending trial. Justice Clement Phiri deferred the hearing, which had been set for yesterday, to today for the prosecution to file its response.The State, led by prosecutor Mr Edmore Nyazamba assisted by Mr Tapiwa Kusema, had asked for postponement and the defence led Mr Harrison Nkomo, assisted by Mr Jeremiah Bhamu, did not oppose the request.

Mawarire is facing allegations of subverting a constitutionally-elected Government or alternatively inciting public violence. He appeared at the Harare Magistrates’ Courts last week following his arrest at Harare International Airport on his return from the United States.

He was remanded in custody to February 17 after unsuccessfully challenging placement on remand. In a bid to secure his freedom in the High Court, Mawarire has proposed to be released on $100 bail.

He offered to surrender his passport and to report to the police weekly until finalisation of his criminal case, according to his application. It is Mawarire’s contention that the prosecution’s case was weak and that there was no basis for his continued stay in remand prison.

It is the State’s case that between July 13 and December last year, Mawarire used the print and electronic media to incite Zimbabweans to revolt against the constitutionally elected Govern- ment.

He allegedly urged people not to go to work, and they took heed and engaged in violent demonstrations.

It is further alleged that on September 15, 2016 Mawarire called on US-based Zimbabweans to converge in New York and confront President Mugabe, who was attending the United Nations General Assembly.

He urged people to embarrass President Mugabe and call for his immediate resignation, the State alleged.

Tendai Rupapa:Senior Court Reporter

A Harare man reportedly hired a sex worker for the night before gruesomely slitting her throat with a broken beer bottle following an altercation over payment.Stuart Dickson Tembo (32), who is employed as a gardener in Borrowdale, is said to have hired Juliet Kadungure whom he met in a bar at Mverechena Business Centre in Dombo- shava.

He then killed her in a bush after the sexual encounter in a bid to evade $10 payment, the State alleged. After allegedly killing her, Tembo stole her mobile phone which he was now using before the phone’s tracking system gave him away.

Tembo was not formally charged when he appeared before magistrate Mrs Rumbidzai Mugwagwa. He was not asked to plead to the charge and was remanded in custody to February 20 pending indictment.

Mrs Mugwagwa advised him to approach the High Court for bail due to the gravity of his charge, which is a third schedule offence.

Prosecutor Miss Audrey Chogumaira alleged that on February 2 at around 10pm, Tembo met Kadungure at a bar at Mverechena and hired her for a one-night stand.

It is the State’s case that Tembo told Kadungure that she was to spend the night at his house in Borrowdale and they agreed on a fee of $10.

Tembo then hired a taxi from Domboshava to Borrowdale and the pair disembarked at Helensvale Shopping Centre.

According to the State, Tembo suddenly changed the initial plan of going to his house and led Kadungure to a nearby bush. They then had sexual intercourse there and Kadungure demanded her payment, which did not go down well with Tembo who refused to pay.

An altercation ensued, resulting in Tembo assaulting Kadungure with an empty beer bottle on the head, the court heard. He allegedly went on to slit Kadungure’s throat using the broken bottle and she bled profusely, leading to her death.

After killing her, Tembo stole Kadungure’s mobile phone which he started using. According to the State, after his arrest, Tembo made indications to the police freely and confessed to killing Kadungure.

The blood-stained clothes he was wearing on the night were recovered at his house.

Female Students Network executive director Mrs Evernice Munando (left) and programmes officer Mrs Yvonne Mudapakati give oral evidence before the Parliamentary Portfolio Committee on Women Affairs, Gender and Community Development yesterday. – (Picture by John Manzongo)

Zvamaida Murwira Senior Reporter
At least 74 percent of female students in tertiary institutions have been subjected to sexual harassment by male lecturers, non-academic staff and security guards in return for higher marks, access to the campus and food, legislators heard yesterday.

Female Students’ Network Trust programme director Mrs Evernice Munando said a baseline survey conducted by her organisation showed that 85 percent of respondents knew of students who aborted unintended pregnancy while on campus.

Mrs Munando said this while giving oral evidence before the Parliamentary Portfolio Committee on Women Affairs, Gender and Community Development chaired by Goromonzi West legislator Cde Beata Nyamupinga (Zanu-PF).

The survey was conducted in 2015 in universities, polytechnics and teachers’ training colleges covering 10 institutions that included 3 425 students and staff.

“It confirmed the students’ claims that gender based violence and sexual harassment were rampant on campus, particularly sexual harassment of female students by male lecturers, fellow male students, non-academic male employees and security guards,” said Mrs Munando.

She said the environment at Midlands State University in Gweru exposed students to abuse, particularly given the fact that accommodation was not only scarce, but expensive.

“We are worried with MSU where there are also various campuses that expose students to harassment,” said Mrs Munando. “There is Zvishavane campus where there are miners who might prey on them.

“There is need for sexual harassment policies in order to create a safe learning environment for the girl child. Only four institutions had a sexual harassment policy in place and the fifth one had a draft. We realised that in religion-based institutions, it was difficult for female students to report issues on sexual harassment because of how it was interpreted in terms of their religion.”

Mrs Munando called for clear and enforceable sexual harassment policies such as subjecting perpetrators to disciplinary action at the tertiary institutions.

Giving an outline on the baseline survey, FSN programme officer Ms Yvonne Mudapakati said of the 2 114 female students who participated through the questionnaire, 94 percent reported having encountered sexual harassment compared to 3 percent of the 672 male students.

“Of the 1 987 female students who had encountered sexual harassment, 16 percent of female students said they had been raped by male students and 5 percent had been raped by male lecturers and non-academic staff; 13 percent of female students reported date rape in relationships with older men like lecturers and non-academic staff and 46 percent in relationships with male students,” she said.

“At least 16 percent reported having been forced into unprotected sex in sexual encounters with lecturers; 10 percent in sexual encounters with non-academic staff and 43 percent with male students, 32 percent of female students reported having been coerced into drinking alcohol or injecting drugs by older men like lecturers and non-academic staff during date outings and thereafter sexually assaulted. At least 48 percent of female students reported the same during date outings with male students.”

Ms Mudapakati said at least 42 percent of female students reported that they had received money or gifts in exchange for sex in the last year.

It was also observed that during focused group discussions, men said after having “invested” in female students they would resort to violence if their partners refused to have sex with them or had sex with someone else.

At least 67 percent of female students said they experienced unwanted physical contact like touching, patting and hugging by lecturers, non-academic staff and students.

“At least 93 percent experienced inappropriate remarks about their gender and sexuality, including sarcastic criticism of their weight, body parts such as breasts and buttocks, skin complexion, hairdo, cosmetics, dressing by mostly male students,” said Ms Mudapakati.

“At least 91 percent encountered wolf whistling – and of the 672 male students who completed the questionnaire, 90 percent reported having wolf whistled at a female student.”

It was also noted that at least 94 percent of female students who experienced gender based violence and harassment said they would not report to the authorities.

“About 63,5 percent said they had disclosed to someone like family member, friend, intimate partner, roommate, fellow church member,” said Ms Mudapakati.

It was noted that both male and female students said that male lecturers viewed sex with female students as part of their supplementary job benefits.

Daniel Nemukuyu Senior Court Reporter
The Constitutional Court has thrown out an application by shadowy group Tajamuka’s spokesperson Promise Mkwananzi challenging President Mugabe’s fitness to continue leading the country. Mkwananzi last year filed the application seeking an order compelling the revolutionary leader to step down on allegations that he was no longer fit to rule. It was Mkwananzi’s argument that the Head of State and Government and the Commander-in Chief of the Zimbabwe Defence Forces had failed to fulfil his constitutional obligation and duties as required by Section 90 (1) and (2).

Deputy Chief Justice Luke Malaba, sitting with eight other judges of the Constitutional Court, yesterday dismissed the application on the basis that Mkwananzi had failed to properly serve President Mugabe with the papers.

“The application is hereby dismissed with no order as to costs,” he ruled. Mkwananzi did not comply with Rule 9 of the Constitutional Court which requires that the President should be served with court papers at his offices, that is at Munhumutapa Building and not anywhere else.

Instead of serving him within two days of filing, Mkwananzi served the President with the papers outside the prescribed time frame.

Mkwananzi’s lawyer Mr Kudzai Kadzere admitted the mistake.

“There was a mistake in the Sheriff’s return of service,” he said. “The Sheriff indicated that service should be effected at the New Government Complex when in terms of the rules, it was supposed to be done at his Munhumutapa Offices.

“Secondly, although the Sheriff was instructed to effect service in time, he did not do so. I would move that the matter be removed from the roll.”

Justice Malaba said the best way to deal with the matter was to dismiss it.

“We do not remove from the roll something that is unconstitutional,” he said. “It is not a matter of removing from the roll. The Constitutional Court is a serious court. As lawyers, you must first check what the law says before rushing here.”

Court Reporter
Footballer Tapiwa Mangezi, who rammed a vehicle with four University of Zimbabwe students who were on their way from a graduation party in October last year, was on Tuesday fined $500 for driving without a valid driver’s licence and negligent driving. Mangezi (28) pleaded guilty to the charges. Harare magistrate Ms Ruramai Chitumbura fined Mangezi $200 for driving without a valid driver’s licence with an option of two months in prison.

Mangezi was fined another $300 for negligent driving or three months in prison. The prosecutor Mrs Devoted Nyagano-Gwashavanhu urged the court to send a clear message to the public that driving without a valid driver’s licence was a serious offence.

“In mitigation, the accused said he was trying to avoid potholes when the accident occurred. “This shows that he values his vehicle more that human life. He pleaded guilty not as a way of contrition, but due to overwhelming evidence,” she said.

Court Reporter
The late officer commanding police’s Minerals and Border Control Unit Senior Assistant Commissioner Earnest Muchenjekwa, who died last Thursday, was buried in Karoi on Saturday. He was 50. A church service for the late senior officer was held at Morris Depot Chapel in Harare last Friday, after which his body was taken to Plot 6, Chikuti Farm in Karoi, for burial.

Snr Asst Comm Muchenjekwa died at West End Clinic in Harare after a short illness.

The burial was attended by Police Deputy Commissioner-General Godwin Matanga, senior Government, police and army officials and businesspeople. Addressing mourners last Friday, Dr Chihuri said Snr Asst Comm Muchenjekwa had left a gap within the force that will be difficult to fill.

He fell sick in Swaziland while on police duty and had to return home to seek medical attention.

Snr Asst Comm Muchenjekwa was born on October 4, 1966 and was attested into the force on July 1, 1988 as a patrol officer.

Soon after training, he was posted to Mutare Central in Manicaland Province.

His policing career took him to various stations in Mashonaland West, Midlands, Matabeleland South, Support Unit, Harare and Police General Headquarters, where he held several positions as he rose through the ranks.

During the period between 2004 and 2005, he served in the United Nations Peacekeeping Mission in Sierra Leone as chief of operations.