Fungai Lupande Court Reporter
A 37-year-old man, who allegedly masqueraded as a police officer, appeared in court yesterday for allegedly stealing a Toyota Fortuner on the pretext that he was impounding the vehicle because of the owner’s reckless driving.

Tonderai Moses Chakacha (37) appeared before Harare magistrate Ms Bianca Makwande charged with theft of a motor vehicle.

He was remanded in custody to March 21 for trial.

Prosecuting the case, Ms Patience Chimusaru, alleged that on February 16 this year around 3pm, Reginald Chiwocha was driving a white Toyota Fortuner registration number ABG 4421.

Chakacha teamed up with accomplices only identified as Robert, Obey and Taurai, who are on the run and connived to steal the car.

They allegedly trailed Chiwocha along a road in Mt Pleasant, Harare.

The accused were travelling in a Mercedes Benz E320 and a Toyota Runx.

They later blocked Chiwocha’s vehicle using the Toyota Runx and ordered him to pull over.

One of the accused approached Chiwocha and flashed a police identity card purporting to be a police officer.

He accused Chiwocha of reckless driving and ordered him to disembark.

It is alleged that the quartet asked Chiwocha to get into their Toyota Runx so that they proceed to CID Vehicle Theft Squad (VTS) Harare.

It is alleged that one of the accused took control of Chiwocha’s vehicle.

While in Avondale, the accused allegedly lied to Chiwocha that they wanted to do another assignment and instructed Chiwocha to go to CID VTS in Southerton alone.

It is alleged that Chiwocha boarded a commuter omnibus to Southerton.

He discovered upon arrival that his vehicle was not impounded.

Upon realising that his vehicle was stolen, Chiwocha made a report to the police.

Four days later, VTS detectives received information that Chakacha was in possession of a stolen vehicle.

He was arrested near Vehicle Inspection Department (VID) Eastlea in Harare.

Chakacha led the police to the recovery of the Mercedes Benz used to block Chiwocha’s vehicle.

The stolen Toyota Fortuner is worth $20 000.

Cde Porusingazi

Daniel Nemukuyu Senior Court Reporter
CHIPINGE South legislator Cde Enock Porusingazi’s farm equipment and vehicles worth $99 000 have been attached over an outstanding loan with Interfin Banking Corporation Limited.

Cde Porusingazi entered an agreement with the bank which resulted in hundreds of thousands of dollars being extended to him in batches, but failed to fully service the loan.

By February 11 2011, he had partly paid back the loan but left a balance of $80 024 plus interest.

Interfin Bank, through Mr Raymond Nembo of Sawyer and Mkushi law firm issued summons against the politician at the High Court.

Justice Owen Tagu in 2014 ordered Cde Porusingazi to pay $94 371 plus interest calculated at the rate of 15 percent per annum from July 2013 to date of payment in full.

A writ of execution was obtained against Cde Porusingazi and property was attached at the politician’s Middle Sabi farm in Chipinge.

The property include:

Combine harvester (wheat) serial number 580R205763

Tractors x3

Ford Everest (ACY3330)

Mercedes Benz (ACI 1667)

Toyoace Truck (ADG 9684)

When the property was attached, Cde Porusingazi engaged the bank for a settlement and managed to stop execution.

The property remained under judicial management for some time, but no payment has been effected.

Interfin Bank’s lawyers last week instructed the Sheriff to remove the attached property and take it for auctioning.

“Proceed to remove and auction the first and second judgment debtors’ (Cde Porusingazi and wife Joyline) property situated at Lot 33 AB, Middle Sabi, Chipinge.

The lawyers have since transferred $1 500 into the Sheriff’s bank account for use in ferrying huge machinery like combine harvestors and tractors to the auctioneer.

In January 2011, the parties entered a credit facility agreement in which sums of money were advanced to Cde Porusingazi.

The credit facility was for $275 990.

Under the revolving credit facility, Cde Porusingazi made capital withdrawals of $275 990.

The bank charged total interest in the sum of $9 478 and bank charges to the tune of $623.

That left the total payable amount at $286 092.

As at February 11 2011, Cde Porusingazi had repaid a total sum of $206 067, leaving a balance of $80 024.

Despite demand, Cde Porusingazi and his wife failed to settle the debt, prompting the bank to approach the High Court.

When the property was attached, the debt had ballooned to $99 412 including the Sheriff’s costs.

The total debt could be now in excess of $200 000 including interest.

Takudzwa Matambura Court Reporter
A 19-year-old man appeared before a Mbare magistrate accused of having sexual intercourse with a 15-year-old girl.

The man claimed the minor was his girlfriend.

He was charged for being intimate with a young person when he appeared before Mbare magistrate Mr Stanley Mambanje.

The man, who cannot be named to protect the minor, pleaded guilty to the charges, indicating he had no knowledge of the girl’s age.

He said he was aware that the girl had completed her Ordinary Levels, an indication to him that she was no longer under-age.

He was remanded out of custody to March 13 for trial and ordered not to interfere with the minor until the finalisation of the matter.

The girl is now pregnant.

Prosecuting, Mr Tafara Chirambira alleged that on January 17 this year around midday, the man and the complainant agreed to go to a friend’s house in Waterfalls, Harare.

Upon arrival, the court heard that the two had unprotected sex in the house.

The matter came to light on February 20 when the complainant’s mother realised that her daughter had a cellphone, whose origins she refused to disclose. It is further alleged that the complainant’s brother was informed about the matter and ordered her to surrender the phone to him.

The complainant’s mother viewed the messages and discovered texts indicating that the girl could be pregnant.

The court heard that the complainant was taken to hospital where she was confirmed pregnant.

The matter was reported to police leading to the boyfriend’s arrest.

Court Reporter
A 49-year-old man who allegedly proposed love to his 15-year-old stepdaughter on Valentine’s Day before having sexual intercourse with her yesterday appeared in court.

The man appeared before Harare magistrate Ms Victoria Mashamba facing charges of having sex with a minor.

He was remanded to March 9.

Prosecutor Mr Sebastian Mutizirwa alleged that on Valentine’s Day this year, at around 8pm, the man was accompanied by his stepdaughter to OK supermarket in Mufakose, Harare.

They intended to buy meat and vegetables for supper.

It is alleged that the man drove in the direction of Mufakose Polyclinic and parked his vehicle.

He allegedly proposed love to his teenage stepdaughter and she agreed.

They had consensual sexual intercourse in the vehicle, it is alleged.

The offence came to light when the teenager gave her friend a 50 cent coin.

The friend was questioned by her grandmother and she mentioned the complainant’s name.

When the complainant was called she denied the allegations.

Her friend later revealed that the money came from the complainant’s stepfather.

On interrogation, she revealed that she had had sex with her stepfather.

A report was made to the police leading to the man’s arrest.

In a similar case before the same magistrate, a police constable stationed at Morris Depot was charged with having sex with a minor.

Const Ngonidzashe Paswavaviri (28) was remanded to March 9 on $100 bail.

It is alleged that on February 18 this year the complainant was walking alone on her way to buy freezits.

She passed through Paswavaviri’s house.

Paswavaviri, who was standing at his door, invited the teenager into his house.

He had sexual intercourse with her. She tried to resist but was over- powered.

He later ordered the teenager to proceed with her journey.

It is alleged that three days later the complainant broke down during a school lesson.

Her teacher quizzed her and she revealed that she was raped by Paswavaviri.

A report was made to the police leading the arrest of the police constable.

Tanaka Vunganai and Talent Hwari
THE Zimbabwe Republic Police has reiterated that corruption has no place in the force and that those caught on the wrong side of the law will be dismissed.

Morris Depot commandant Senior Assistant Commissioner Taedzerwa Munyori said this yesterday while officiating at a passout parade for 48 police officers.

“The Zimbabwe Republic Police has no room for corrupt elements and I implore you to exercise zero tolerance to this social ill,” he said.

“The organisation will not revise its tough stance of dealing with corrupt elements within its rank and file. Indeed bad apples will be squeezed out to prevent them from spoiling other good fruits.”

Snr Asst Com Munyori hailed the introduction of vernacular languages in the curriculum saying appreciation of various dialects would enable the police to provide quality service in all parts of the country.

He said it was important for the force to remain focused in its quest to provide a quality service to the public.

“We need to render our total support to the people of Zimbabwe through, among other things, preserving law and order, the bedrock of development and sustenance in any country,” he said.

“Let us continue sacrificing to give our customers a full measure of service and take it upon ourselves to ensure that Government policies of benefiting the natives go successful without any hindrance.”

Snr Asst Com Munyori urged the graduating officers to further their studies through internal training courses saying: “This is so because training and development is an important ingredient in the Zimbabwe Republic Police as it equips our officers with the requisite skills and attitudes in the performance of police duties.”

He said the scourge of corruption damaged the reputation of the ZRP.

Snr Asst Com Munyori’s remarks come in the wake of a recent admission by the Police Commissioner-General Dr Augustine Chihuri that there was corruption within the police force.

Comm-Gen Chihuri said some of the officers mounting roadblocks were corrupt and a number of them had been dismissed from the force.

Fungai Lupande Court Reporter
A 35-year-old man who raped his 11-year-old stepdaughter on three separate occasions was yesterday sentenced to 45 years in jail.

The man pleaded not guilty when he appeared before Harare regional magistrate Mr Hoseah Mujaya.

However, he was convicted following a full trial. He will serve an effective 25 years in prison.

Mr Mujaya sentenced him to 15 years on each of the three counts.

Count one and two will run concurrently leaving the man with a 30-year jail term.

Of the 30 years, Mr Mujaya suspended five years on condition that in the next five years the man does not commit a similar offence.

The court heard that on November 27, 2016 at around midnight, the minor was asleep at their home in Kuwadzana Extension, Harare.

The stepfather sneaked into the minor’s bedroom and lowered her shorts.

The court that the minor woke up when her stepfather was already on top of her.

He raped her. After the offence the stepfather told her not to tell her mother.

The following day the stepfather sneaked into the minor’s bedroom during the night again.

She woke up while her stepfather was already raping her.

He gagged her mouth.

On December 1, 2016 the minor was watching television with her stepfather in his bedroom.

She fell asleep.

The stepfather pulled down her panties and she woke up.

The minor held onto her panties tightly but she was overpowered by her stepfather who then raped her.

He ordered her not to tell her mother.

The minor later opened up to her mother leading to the stepfather’s arrest.

Anesu Chakabva Herald Reporter
The Premier Soccer League (PSL) appeared before a magistrate at the Harare Civil Courts yesterday for failing to settle a debt of about $4 500 for sports apparel purchased from ESport (Pvt) Ltd.

The matter was brought before magistrate Mrs Barbara Mateko and was adjourned to March 3.

The court heard that sometime in October 2014, ESport supplied and delivered sportswear at the instance and request of the PSL.

The court also heard that ESport and PSL had a long standing agreement for the purchase and sale of sports apparel and the terms of agreement were that upon order, goods would be delivered for sports tournaments.

The PSL was expected to deposit the payment into an agreed bank account.

It is alleged that the consignment was verbally ordered by Mr Twine Phiri, who was the then chairman of the PSL, on behalf of the organisation. It is further alleged that Mr Phiri undertook to sign an acknowledgement of debt for the amount claimed.

The PSL told the court that the said consignment was not for its use, nor was an order placed on its behalf and denied ever receiving the consignment. The PSL further argued that the organisation did not purchase branded or unbranded clothing for competitions or playing kits for football teams.

Consequently, the PSL denied owing ESport or entering into a contract with the firm for the purchase of the alleged goods.

This resulted in Mr Phiri being involved in the court case in his personal capacity to clarify who benefited from the said consignment and, essentially, to prove who is liable to repay the debt.

Godfrey Tsenengamu

Chief Court Reporter
Former Zanu-PF Mashonaland Central youth chairperson Godfrey Tsenengamu, who is facing allegations of subverting a constitutionally elected Government or alternatively undermining the authority of President Mugabe, has approached the High Court seeking bail.

Tsenengamu also stands accused of contravening the Public Order and Security Act by holding a press conference without notifying the regulating authority.

His lawyer, Mr Zivanai Macharaga, yesterday confirmed that they filed their application at the High Court.

“We have filed our application today (yesterday) at the High Court,” said Mr Macharaga, without giving the finer details of the matter.

Tsenengamu was remanded in custody to March 9 after the magistrates’ court advised him to seek bail at the higher court.

His attempt to challenge his placement on remand on the charge of subverting the Government was thrown out.

Charges against Tsenengamu arose on February 20 when he convened a public meeting at the Media Centre in Harare without notifying the responsible authorities.

The court heard that he went on to publicly and unlawfully make statements urging war veterans across the country to push President Mugabe out of office through unconstitutional means.

He was quoted as telling journalists that it was time to go public about the succession “thing because some of us have since identified our candidate and it’s none other than Emmerson Dambudzo Mnangagwa.

“If (President) Mugabe does not like him, that is up to him, but we are saying we now want him to lead now”.

Tendai Rupapa Senior Court Reporter
A Murehwa man who allegedly stabbed his wife more than 15 times leaving her seriously wounded, denied the allegations when his trial commenced last Friday at the Harare magistrates’ court. Simbarashe Munakamwe (38) of Suka Village, Chief Mangwende, is facing attempted murder charges. He told the court that he did not commit the crime, but his in-laws were fixing him.

He further said that he was on separation with his wife Rachel Kurwakumire. When asked by magistrate Mr Themba Kuwanda why he separated with his wife and why her family would want to fix him, Munakamwe confessed that he stabbed his wife’s younger sister to death last year.

The 15-year-old girl was in Form Three and Munakamwe is said to have proposed love to her before killing her for “betraying” him.

Munakamwe allegedly stabbed his wife while on bail for the murder case. He is now back in custody for the attempted murder charge and his trial continues today.

The prosecutor, Mrs Valerie Ngoma alleged that on November 24 last year at around 9pm, Munakamwe proceeded to his wife’s village in Mhondoro and hid at the back of Kurwakumire’s bedroom.

Kurwakumire, the court heard, later went outside the house to relieve herself and Munakamwe suddenly emerged from the dark and tripped her to the ground.

He then stabbed her on the head, the State alleged. Kurwakumire screamed for help and Munakamwe kept stabbing her mercilessly all over the body until she became unconscious.

Her brother George who was sleeping in his bedroom rushed outside to investigate.

He then saw Munakamwe running away from the scene leaving the kitchen knife he had used to stab Kurwakumire on the ground.

Upon his arrest, Munakamwe told the police that he was in Mutoko on the day in question hence there was no way he could have stabbed his wife.

However, during investigations, the police obtained a printout from Econet which showed that Munakamwe had made calls while in Mhondoro on that day.

Tendai Rupapa Senior Court Reporter
Two men believed to be part of a syndicate targeting solar-controlled traffic lights in Harare and stealing solar panel accessories, have been arrested and hauled before a magistrate. Michael Gupuku (35) and Misheck Mudadi (42), both from Belvedere, Harare, reportedly used a hacksaw to cut the steel poles where the solar panels are mounted before looting the kit.

It is alleged that they would steal batteries, inverters, chargers and solar panels and other electrical gadgets rendering the traffic lights dysfunctional leading to massive traffic congestions.

The pair last week appeared before magistrate Ms Barbra Chimboza charged with theft.

They were remanded in custody to today for bail ruling.

Prosecuting, Mr Sebastian Mutizirwa opposed bail on the basis that they were likely to abscond or re-offend.

“Your Worship, there is overwhelming evidence against the pair since some of the stolen property was recovered at their house,” he said.

“They are likely to be convicted and sent to prison for a lengthy prison term. This alone can induce fear in them thereby forcing them to abscond trial if they are granted bail.

“They are facing a serious offence and their actions affected the whole community. It would not be in the interest of justice to grant them bail. Also, similar cases are being reported and we suspect the pair is part of that syndicate.”

Mr Mutizirwa added that Gupuku and Mudadi were not proper candidates for bail since they attempted to escape during indications with the police.

On the other hand, the duo denied the allegations adding that they were innocent until proven guilty.

It is the State’s case that sometime in January this year, the pair, in connivance, proceeded to the traffic lights at the intersection of Kirkman Road and Harare Drive armed with blades.

They used the blades to cut down the pole where the solar panels were mounted, the court heard.

They allegedly stole batteries, inverter, chargers and solar panels and disappeared into the dark.

They tried to sell the items and on February 2, following a tip-off, police officers proceeded to Gupuku’s house where they recovered some of the stolen property.

Gupuku then implicated Mudadi leading to the pair’s arrest.

Zvamaida Murwira Senior Reporter
A Harare firm that had approached the Supreme Court challenging the Administration Court ruling upholding Zimbabwe Electricity and Distribution Company’s decision to award a $1,2 million tender to Pito Investments has turned the heat on its lawyers after it was directed to pay wasted costs for the indefinite deferment of its case. BT Critical was directed by the Supreme Court last week to pay wasted legal costs after the judges noted that they had not been furnished with supplementary heads of arguments that the firm sought to rely on when the superior court sat to hear the appeal.

In its appeal, BT Critical, armed with an opinion from electronics expert, Engineer Francis Masawi, argued that the Administrative Court upheld a decision that was unlawful because Pito Investments’ bid was not technically compliant and that ZETDC had deliberately misrepresented to State Procurement Board that it was.

In his opinion, Eng Masawi said, the second option of Pito Investments’ bid which won the tender, although it was the lowest priced, did not meet the redundancy requirements specified in the addendum and therefore was not technically compliant.

The Supreme Court had last year granted a provisional order to BT Critical to suspend the tender pending determination of the case after finding some merit in the appeal.

The tender was for site survey, design, engineering, manufacturing, supply, delivery, training, installation and commissioning of a wide monitoring protection and control system complete with application software at specific locations.

In last week’s hearing, the Supreme Court directed that BT Critical pay the wasted costs on the basis that the firm must have briefed its lawyers late resulting in the late filing of court papers.

Armed with court order, lawyers for ZETDC and Pito Investments to write to BT Critical, Mambosasa Legal Practitioners who were instructing Advocate Tazorora Musarurwa and Mr Sylvester Hashiti demanding wasted legal costs to the tune of $9 000 for the one hour that the case was heard.

The wasted legal costs were in respect of Advocate Fadzai Mutombeni ($2 000) and Adv Thabani Mpofu ($7 000).

This prompted BT Critical, led by its chief executive, Mr Blessing Chimangah, to protest to its lawyers threatening to take his complaint to the Law Society of Zimbabwe arguing that it was his legal counsel who should bear the costs.

In a letter written to one of the firm’s lawyer, Advocate Hashiti, Mr Chimangah accused his lawyers of failing to protect him by advising the Supreme Court that he was not to blame for the late filing of the heads of arguments as he had briefed his counsel more than five months prior to last week’s hearing.

“In a meeting that we had with you and Adv Musarurwa, in the latter’s chambers, you advised us that you were going to do the papers to the Supreme Court and have the matter postponed to a later date since you would be travelling, which you did not.

“Instead you did send Adv Musarurwa who was ill-prepared and he even came to court late,” said Mr Chimangah in his letter of complaint.

“In view of the above, we are writing to demand as we hereby do the following (a) to explain to us why you failed to submit the relevant papers to the Supreme Court, so the matter could be postponed to a later date as per your advice, (b) Kindly explain why the supplementary heads of argument delivered to the parties involved a day before the court date and the judges did not even have them. We view this to be very unprofessional,” wrote Mr Chimangah.

“Give us the strategy you are going to apply to correct the professional mistake you made as we have every reason to believe that your carelessness is going to affect the outcome of this matter. Please kindly furnish us with the information referred to above by not later than February 24, 2017 failure of which we shall approach the LSZ for advice and the court for an order compelling you and Adv Musarurwa to supply the requested information and the damage suffered on your account.”

Terence Mukupe

From Noah Pito in Karoi—
Harare East Member of Parliament Terence Mukupe and three others appeared before a Karoi magistrate last week charged with fraud. Mukupe’s appearance in court followed an incident in which Zimra officials at Chirundu One-Stop Border Post last month intercepted three tankers heading for the Democratic Republic of Congo (DRC) from Beira,Mozambique carrying water instead of diesel.

Mukupe (40) and his co-accused – Same Kapisoriso (32), Ngonidzashe Mutsvene (42) and Joseph Taderera (44) – were charged with fraud as defined in Section 136 of the Criminal Law (Codification and Reform Act) Chapter 9:23 or alternatively contravening Section 174(1) (e) of the Customs and Excise Act (False Declaration).

The four, represented by Advocate Brian Hungwe and lawyers Mr Selby Hwacha and Mr Sam Chitumwa, were remanded to March 6 on free bail for trial.

The State alleges that on January 26 this year, Kapisoriso, Mutsvene and Taderera entered the country through Forbes Border Post, driving tankers with diesel from Beira, Mozambique en-route to the DRC.

While in Zimbabwe the three truck drivers allegedly connived with Mukupe to empty the diesel and replace it with water.

Upon arrival at Chirundu Border Post on January 31 as they proceeded to the DRC, a physical examination on samples of the contents in the tankers was carried out, which later showed that the tankers contained water and not diesel.

The prejudice caused to the State is valued at $41 692,80.

Fungai Lupande Court Reporter
A 33-YEAR- OLD Harare man has appeared in court for allegedly printing counterfeit $5 bond notes at a house in Dzivarasekwa Extension. Elton Nyamudahondo, of Sunningdale 2, appeared before Harare magistrate Ms Tilda Mazhande yester- day. He was charged with possessing articles for criminal use.

The investigation officer, Detective Assistant Nyasha Makanisa, opposed granting Nyamudahondo bail describing him as a flight risk.

Asked by Nyamudahondo’s lawyer, Mr Clemence Takaendesa, why the police wanted to investigate the matter further, Asst Det Makanisa said there was a link they wanted to pursue.

“What is the link?” asked Mr Takaendesa.

In response Det Asst Makanisa said it might prove that the accused committed the offence.

“There are no investigations otherwise you would not have brought the accused on a full docket and he would not have appeared in a trial court?” inquired Mr Takaendesa.

“If we are allowed to make follow- ups it might prove that the accused was printing fake bond notes,” replied Asst Det Makanisa.

The matter was adjourned to today for bail ruling.

Prosecuting, Ms Stylon Marufu alleged that on Saturday, February 25, detectives from CID Homicide Harare received information that the accused was printing counterfeit $5 notes at his house.

The court heard that detectives went to Nyamudahondo’s house but failed to locate him.

It is alleged police gathered information that the accused was at No. 4836 Dzivarasekwa Extension in Harare.

Upon arrival at that house, detectives spotted the accused seated on a bed in a bedroom.

The court heard that he was holding a sheet of munic paper on which were printed four $5 counterfeit bond notes.

There was an HP Office Jet 5601 scanner in the room. Nyamudahondo was subsequently arrested.

The police recovered 31 $5 finished bond notes, 103 $5 semi-finished bond notes, 47 plain sheets of munic paper and 6 HP cartridges on the bed the accused was sitting on.

Fungai Lupande Court Reporter
The trial of radio personality Tichafa Augustine Matambanadzo, popularly known as Tich Mataz in entertainment circles, who is accused of trying to smuggle clothes and shoes from China into Zimbabwe, was yesterday postponed to March 13. Harare magistrate Mr Lazini Ncube said he was overwhelmed with work. Matambanadzo, who, according to court papers, is the director of ZiFM radio station, is facing charges of contravening the Customs and Excise Act and is on $100 bail.

Prosecutor Mrs Francesca Mukumbiri alleged that on January 7 this year, Matambanadzo arrived at Harare International Airport aboard Kenya Airways from China.

After picking up his boxes from the carousel, he allegedly went through the green route used by those with nothing to declare. It is alleged that he was stopped by Zimbabwe Revenue Authority (Zimra) official Mr Patrick Mukanganwi, who asked him to go through the red route for inspection of his goods.

The court heard that Matambanadzo was handed over to one Patrick Mhanda who was in cubicle No. 3 of the red route.

He was asked to complete a declaration form and when Mr Mhanda went through his luggage he noticed that he had several suits, shirts, track bottoms and shoes. Mr Mhanda caluculated the excise duty for the clothes which came to $538,75.

It is alleged that Mr Mhanda went into the next cubicle to capture the information into the computer system, but Matambanadzo took the opportunity to slip away.

Meanwhile, an 18-year-old man who failed last year’s Ordinary Level examinations was arrested at Goromonzi High School while seeking to be enrolled for Lower Sixth form using a forged results slip.

Dick Chikadza’s Zimbabwe School Examinations Council (ZIMSEC) 2016 O-Level results slip had two Us, two Es, two Ds and a C and he did not sit for Computer Studies.

He replaced the results with five As, two Bs and a C.

Chikadza pleaded guilty to charges of presenting a forged certificate or diploma to a prospective employer or institution of learning with intent to gain employment or admission.

He appeared before Harare magistrate Mr Lazini Ncube and will be sentenced today.

The complainant in the matter is ZIMSEC represented by its assistant security officer, Mr Lee Banda.

Prosecutor Ms Francesca Mukumbiri told the court on February 13, Chikadza went to Goromonzi High School seeking to enrol for Lower Sixth.

He tendered the forged results slip to the school officials. Suspecting that the results slip was fake, Goromonzi contacted ZIMSEC.

According to Mr Banda, Chikadza sat for his exams at Oriel Boys High School and had only one pass in Integrated Science. He was immediately arrested.

Mbare Police, Officer-in-charge of traffic, Chief Inspector Violet Sigauke being escorted by police detectives on arrival at the Harare Magistrates Courts yesterday on allegations of receiving a bribe. — Picture by Shelton Muchena

Court Reporter
The trial of the officer-in-charge at Mbare Police Station, who was arrested for demanding $60 per week from commuter omnibus operators, failed to start yesterday after her lawyer fell ill. Violet Sigauke (55) was arrested on February 9 following a trap during which she allegedly received $60 from a commuter omnibus operator.

Sigauke dumped her first lawyer, Mr Ashiel Mugiya, and engaged Mr Admire Rubaya. Mr Rubaya is reportedly ill, prompting Harare magistrate Mr Lazini Ncube to postpone trial to March 15.

She is facing criminal abuse of duty as a public officer.

On her initial remand, Sigauke told the court that four male colleagues who arrested her indecently touched her during a body search.

The complainant in the matter is a police officer, Thomas Mabgwe, who is stationed at Police General Headquarters (PGHQ) in Harare.

Prosecuting, Ms Francesca Mukumbiri alleged that in January this year, Sigauke phoned Kudzai Mapako, who is employed by Mama Ru commuter omnibus company as a manager.

It is alleged she ordered him to pay $120 for free passage of his commuter omnibuses for two weeks in her policing jurisdiction.

The court heard that Mapako met Sigauke at a bank in Graniteside in Harare and paid $40 as part of the bribe money.

It is alleged Sigauke told Mapako the money was too little and that he was to pay $60 per week for free passage of his fleet.

On February 8 this year Sigauke phoned Mapako demanding the money, it is alleged.

Mapako allegedly contacted his friend, Reuben Chimanja, and asked him to pay the money on his behalf since he was out of Harare.

Mapako advised Sigauke that he was sending someone.

At around 3pm the same day, Chimanja went to PGHQ and reported that Sigauke was demanding a bribe from his friend.

A trap was authorised and four members of the police intelligence unit went to Mbare Police Station.

Chimanja allegedly gave the trap money to his conductor Wilson Siwela to hand over to Sigauke around 6pm.

The money was in two $20 notes and two $10 notes.

The four police officers immediately entered Sigauke’s office, identified themselves and showed her the trap authority.

Mabgwe reached for Sigauke’s drawer and she stood up, removed her belt and threatened to assault Siwela for betraying her.

It is alleged that she tried to swallow the trap money while resisting arrest and bit Mabgwe’s left thumb during the scuffle.

She spat out the money and the notes tallied with the photocopies.

Tendai Rupapa Senior Court Reporter
A suspected fraudster allegedly connived with police officers to repossess a vehicle which had been seized as an exhibit pending finalisation of a fraud case, without the knowledge of the owner. The vehicle – a Nissan Hardbody – was impounded as an exhibit after a fraud case was opened against Persuade Kaseke, a car dealer who had allegedly sold the vehicle to a Harare man, Wonder Ropa, for $3 600.

It is alleged that Kaseke connived with police officers to close the case and later repossessed the vehicle without Ropa’s knowledge.

Kaseke is also accused of defrauding Blessing Madanhe of his vehicle – a Mercedes-Benz. He recently appeared in court facing two counts of fraud and theft of trust property involving $10 600.

Appearing for the State, Miss Audrey Chogumaira, who remanded him out on bail to March 3, alleged that sometime in November last year, Kaseke sold a Nissan Hardbody to Ropa who paid in full.

A month later on December 20, Ropa was approached by two policemen who were in the company of Kaseke and an unidentified man.

It is alleged his vehicle was impounded and Ropa was told that it would be held as an exhibit in a case of fraud which was reported in Kwekwe but did not involve Ropa.

The vehicle was taken to Southerton Vehicle Theft Squad for safekeeping pending finalisation of the case.

On January 6, Kaseke, it is alleged, connived with police in Kwekwe to close the docket for the fraud case and was subsequently given back the vehicle.

Instead of returning the vehicle to Ropa, Kaseke started using it but luck ran out on him when he was spotted by Ropa driving the vehicle.

On the second charge, Kaseke reportedly sold a Benz to Madanhe for $7 000 and he was paid $5 500, leaving a balance of $1 500.

Later on Madanhe discovered that the vehicle had faults and he returned it to Kaseke to fix the defects and subsequently return the vehicle to him.

Kaseke reportedly sold the vehicle to someone else and converted the money to his personal use.

Interpol Secretary-General Dr Jürgen Stock

Freeman Razemba Crime Reporter—
THE International Criminal Police Organisation (Interpol) has launched a new project to identify and dismantle organised crime networks that are making billions in illicit profits through wildlife trafficking between Africa and Asia. The latest developments come after at least 376 suspects were arrested last year and 4,5 tonnes of ivory recovered during an operation conducted by Interpol in Africa following a rampant increase in ivory smuggling on the continent.

During the Interpol-led operation code-named Worthy II, investigations of 25 criminal groups involved in the illicit trade were conducted.

Zimbabwe has been a member of Interpol since November 13, 1980 and has been conducting joint operations with other member states to curb cross-border crimes. Police officers have also been attending training workshops organised by Interpol.

According to the Interpol website, through targeting high-profile traffickers in Asia sourcing wildlife from Africa, the new project will provide a strengthened law enforcement response in source, transit and destination countries, particularly those linked to the illicit trade in ivory, rhinoceros horn and Asian big cat products.

With environmental crime estimated to be worth up to $258 billion and linked to other criminal activities including corruption, money laundering and firearms trafficking, the project led by Interpol’s Environmental Security Programme will draw on the expertise of other specialised units.

These include the Anti-Corruption and Financial Crime Unit, the Digital Forensics Lab for the extraction of data from seized equipment, the Firearms Programme for weapons tracing and ballistics analysis, and the Fugitive Investigations Unit to assist countries locate and arrest wanted environmental criminals.

Interpol Secretary-General Dr Jürgen Stock was quoted as saying the project embodied the added value of Interpol to help countries more effectively target specific crime threats.

“Protecting the world’s wildlife heritage is our collective responsibility, as global citizens and as international law enforcement.

“It is essential that decisive action is taken to combat environmental crime and this project targeting the organised crime links between Africa and Asia will enable all involved actors to unite in their efforts, and provide a blueprint for future actions elsewhere in the world,” he said.

A recent Interpol-UN Environment report showed 80 percent of countries consider environmental crime a national priority, with the majority saying new and more sophisticated criminal activities increasingly threaten peace and security.

Supported by the United States Agency for International Development and in collaboration with the International Consortium on Combating Wildlife Crime, the Interpol initiative will draw on the intelligence gathered from existing projects including Wisdom, Predator and Scale.

In addition to expanding the level of investigative cooperation between the involved countries, the project will also provide increased analytical support for activities both in the field and for online investigations.

Court Reporter
An 18-year-old man arrested while trying to enrol for Lower Sixth using a forged Zimbabwe School Examinations Council (ZIMSEC) 2016 Ordinary Level results slip was yesterday given a wholly suspended sentence.

Dick Chikadza pleaded guilty when he appeared before Harare magistrate Mr Lazini Ncube.

Chikadza said his desire to proceed to Advanced Level led him to forge the results slip.

He said that he paid a Mr Kawora $100 to embellish his results.

Mr Ncube sentenced Chikadza to four months in prison wholly suspended for five years on condition he does not commit a similar offence.

Passing sentence, Mr Ncube said the country “cannot have doctors without O-Level”.

Prosecutor Ms Francesca Mukumbiri said Chikadza intended to cause the arrest of Mr Kawora for his alleged involvement in the scam.

Chikadza was arrested at Goromonzi High School as he sought a place for Lower Sixth.

His results slip showed that he obtained two Us, two Es, two Ds and a C.

He replaced the results with five As, two Bs and a C.

The complainant in the matter was ZIMSEC represented by its assistant security officer, Mr Lee Banda.

Ms Mukumbiri told the court on February 13, Chikadza went to Goromonzi High School seeking to enrol for Lower Sixth.

He tendered the forged results slip to the school officials.

Officials at Goromonzi contacted ZIMSEC when they smelled a rat.

Chikadza was then arrested.

He sat for his exams at Oriel Boys High School and only passed Integrated Science.

Meanwhile, a 33-year-old Harare man who is accused of printing counterfeit $5 bond notes at a house in Dzivarasekwa Extension was yesterday granted $300 bail.

Elton Nyamudahondo of Sunningdale 2 is charged with possessing articles for criminal use.

Harare magistrate Ms Tilda Mazhande set Nyamudahondo’s trial date for April 3, this year.

As part of his bail conditions, Nyamudahondo was ordered to reside at his given address and not to interfere with State witnesses pending finalisation of the matter.

Fungai Lupande Court Reporter
The trial of former acting chief executive officer of Zimbabwe Consolidated Diamond Company (ZCDC), Mark Mabhudhu, accused of swindling the company of over $70 000, was yesterday set for March 27.

Mabhudhu (48) is facing charges of theft of trust property and appeared before Harare magistrate Ms Barbara Chimboza.

ZCDC is in the business of mining and selling of diamonds and was incorporated in 2015 after the merger of various diamond mining companies in Chiadzwa, Manicaland province.

The firm was represented by its chief security officer, Mr Clemence Munoriarwa.

Prosecuting, Mr Sebastian Mutizirwa alleged that on November 18, 2015, Mabhudhu was appointed acting chief executive officer by the ZCDC board.

Among his benefits, Mabhudhu was offered a Jeep Charokee (registration number ACO 1529) and a fully furnished house in Borrowdale Brooke, Harare.

It is alleged that on June 3 last year, Mabhudhu’s contract was terminated and the company directed him to surrender its assets and vacate the company house within three months.

The court heard that on December 16 last year, Mabhudhu went way with the vehicle and all household property.

The matter came to light four days later after an asset verification exercise discovered that Mabhudhu converted the firm’s property worth $78 248, 96 to his own use.

The matter was reported to the police and property worth $75 000 was recovered.

Meanwhile, a Harare lawyer, Mr Washington Muchandibaya of Muchandibaya and Associates, has been removed from the register of legal practitioners for abusing trust funds, writes Daniel Nemukuyu.

Mr Muchandibaya was found guilty of unprofessional, dishonourable or unworthy conduct after failing to account for a client’s $12 760 held in trust.

Justice Felistus Chatukuta, sitting with three other members of the Legal Practitioners Disciplinary Tribunal, deregistered Mr Muchandibaya and ordered him to pay legal expenses incurred by the Law Society of Zimbabwe (LSZ) in instituting the disciplinary proceedings.

“It is accordingly ordered that the respondent’s name be and is hereby deleted from the Register of Legal Practitioners, Notaries Public and Conveyancers in terms of Section 28 (1) (c) (I) of the Legal Practitioners Act (Chapter 27:07).

“The respondent be and is hereby ordered to pay the applicant’s expenses incurred in connection with these proceedings,” ruled Justice Chatukuta.

On April 2 2013, LSZ received a complaint from Mr Patrick Mahwindo that Mr Muchandibaya had abused his funds amounting to $12 760.

Mr Mahwindo stated that he entered into an agreement to purchase a stand in Norton and a professional assistant with Muchandibaya and Associates Mr Phanuel Mazhande notarised the agreement.

The property was priced at $12 000.

According to the agreement, the purchase price was to be paid in cash by December 31, 2012.

Transfer of the property, according to the agreement, was to be effected by January 31, 2013.

Mr Muchandibaya personally received the $12 000 and the amount was recipted in the trust account for Muchandibaya and Associates.

Tendai Rupapa Senior Court Reporter
In a suspected case of ritual practice, a pre-school teacher in Eastview, Harare allegedly kidnapped a girl from a crèche and took the minor to her house where her husband raped her in their bedroom.

The State alleged that the minor, aged nine, had gone to the crèche to collect her brother who is enrolled there.

The man, Botha Makona, is self-employed while Tariro Doreka is a teacher at Foundation Pre-school.

The couple resides in Phase 1, Eastview, Harare.

They were not asked to plead when they appeared before Ms Barbra Chimboza yesterday.

They were being charged with rape and Harare lawyer Mr Emmanuel Samundombe represented them.

Ms Chimboza remanded them in custody to March 14 with instructions to approach the High Court for bail due to the gravity of their offence.

Appearing for the State, Miss Audrey Chogumaira alleged that on February 10 at around 5pm, the victim went to Foundation Pre-school to fetch her little brother.

While she was about to enter the premises, Doreka suddenly appeared and grabbed her hand.

She then took the girl to her house which is nearby, the State alleged.

Doreka proceeded to her bedroom and locked the minor inside as she went out to call her husband.

It is further alleged that Makona later came and unlocked the door and raped the girl.

After the act, Makona reportedly threatened to kill the victim if she disclosed the sexual abuse to anyone.

He allegedly told her that he would cut her into pieces with a knife.

The victim went home and did not tell anyone but her mother noticed that she was having difficulties in walking.

She then questioned her prompting the minor to reveal what had happened.