From George Maponga in Masvingo
Six Mashava men are battling for life at Masvingo General Hospital after they were allegedly shot and seriously injured following a dispute over the control of the gold-rich Lennox Mine, at the weekend. Lennox Gold Mine is at the centre of an ownership wrangle between Mr Edgar Mashindi and Mr Tinaishe Hove. Mr Hove and five of his workers escaped death by a whisker after they were allegedly shot by security guards deployed at the mine.

Mr Hove sustained facial and chest injuries together with his five workers namely, Messers Polite Mawela (28), Godfrey Mutangira (38),Emmanuel Chadzamira (43), Hahlani Muzamani (40) and Mr Farai Mutsiga (32).

The six were shot during the disturbances at the mine on Saturday morning. Mr Hove and his workers are said to be in a stable condition in hospital where they are recuperating.

Acting Masvingo provincial police spokesperson Assistant Inspector Kudakwashe Dhewa, said police were investigating the incident.

He said two security guards at Lennox Mine have since been arrested for attempted murder.

‘’The suspects will appear in court soon and investigations are currently ongoing,’’ said Asst Insp Dhewa. Allegations are that on the fateful day, Mr Hove and his workers reported for work as usual at Lennox Mine where they found two security guards manning the entrance into the mine.

The six tried to get inside the mine shaft but were allegedly blocked by the security guards who told them that they were not welcome at the mine.

A scuffle ensued between the security guards and Mr Hove and his workers, resulting in the former opening fire at the latter.

Former StarFM programmes manager Tichafa Matambanadzo smiles at the camera after appearing at the Harare Magistrates’ Courts yesterday

Fungai Lupande Court Reporter
Veteran radio personality Tichafa Augustine Matambanadzo — known as Tich Mataz — who is accused of trying to smuggle clothes and shoes from China into the country yesterday told the court that he believed his items fell under rebate. Matambanadzo told the court that he had no intention of evading duty and was ordered to leave with his bags by a “certain” Zimbabwe Revenue Authority (Zimra) official.

Defending himself yesterday, Matambanadzo told the court that he does not know the name of the official who dismissed him. “After handing over my declaration form, I was asked to pack my bags and so I did, assuming that everything was sorted,” said Matambanadzo.

“A Zimra official told me that I was free to go and I jovially went home since I was tired. I met four to five officials that day and I had no reason to ask their names. I thought everything was above board. I had no intention of depriving Zimra of their duty.”

During cross-examination, the prosecutor Ms Francesca Mukumbiri asked Matambanadzo if it was his first time at the airport.

He confirmed that he was a regular traveller.

“When you went though the green route, you were indicating that you had nothing to declare?” asked Ms Mukumbiri.

Matambanadzo said he normally travels for business and does not bring items for resale.

“I thought I had no goods to declare,” he said.

Ms Mukumbiri asked if it was the correct position that he had no goods to declare and Matambanadzo said it depends with the interaction with Zimra officials.

“What kind of interaction?” asked Ms Mukumbiri, and Matambanadzo said the Zimra official’s discretion.

“Why did you declare five suits yet you had 10?” asked Ms Mukumbiri.

Matambanadzo said he was surprised to hear that since he signed the declaration form under the supervision of the Zimra official.

“Why did you not challenge that in court?” asked Ms Mukumbiri.

“We learn every day. The official counted suits that I went to China with,” replied Matambanadzo.

In her closing submission Ms Mukumbiri told the court that Matambanadzo failed to mention the name of the official who dismissed him because he was lying.

“He failed to declare his personal used clothes because his intention was to smuggle goods in broad daylight,” she said.

“May he be punished accordingly?”

Harare magistrate Mr Lazini Ncube will pass judgment today.

Matambanadzo, who is the director of ZiFM is facing charges of contravening the Customs and Exercise Act.

It is alleged that on January 7 this year, Matambanadzo arrived at Harare International Airport on board Kenya Airways from China.

After picking his boxes from the carousels, Matambanadzo allegedly went through the green route. He was stopped and directed to the red route.

Matambanadzo was asked to complete a declaration form and he complied. It is alleged that a Zimra official went through Matambanadzo’s stuff and noticed that he had several suits, shirts, track bottoms and shoes.

Matambanadzo was supposed to pay $538,75 in customs duty.

Fidelis Munyoro Chief Court Reporter
Fourteen condemned prisoners who complained of overstaying on death row, have lost their bid to nullify the death sentences imposed on them after the Constitutional Court threw out their application. The inmates, who have spent between four and 18 years awaiting their execution, approached the Constitutional Court challenging their pending execution. They argued that the length of their stay on the death row was an affront to their human dignity, freedom from torture, inhuman or degrading treatment or punishment in breach of sections 51 and 53 of the Constitution.

In a judgment delivered yesterday, the court dismissed the application saying the 14 should first exhaust the statutory legal remedies that are still available to them before coming to the highest court of last resort to constitutional matters.

The inmates could have sought a review of the administrative action or omission complained of under the Administrative Act.

They could also have appealed to the Supreme Court or sought Presidential pardon or commutation under section 48 (2) (e) of the Constitution before going to the apex court.

Justice Chinembiri Bhunu said it would be a travesty of procedural justice for the highest court of last resort to bypass both the Supreme Court and the President before they had exercised their constitutional mandates to decide on the applicable remedies according to the prescribed laws of the land.

“As we have already seen, in the normal run of things courts are generally loathe to determine a constitutional issue in the face of alternative remedies,” said Justice Chinembiri Bhunu.

“In that event, they would rather skirt and avoid the constitutional issue and resort to the available alternative remedies.”

The court admitted that there were delays in executing the court judgment, but that was no reason for it to prematurely intervene usurping the authority and function of the High Court, the Supreme Court, and the President.

“In the interim, the applicants may have recourse to the available alternative remedies,” he said.

“It is accordingly ordered that the application be and is hereby dismissed with no orders as to costs.”

The prisoners argued that they have overstayed on death row, a situation they say is a violation of their constitutional rights.

The 14 wanted the court to remove them from death row and commute their sentences to life imprisonment, but later abandoned the argument and sought to quash the death penalties.

Mr Tendai Biti acted for the prisoners, while Ms Olivia Zvedi from the Attorney- General’s office appeared for the Justice, Legal and Parliamentary Affairs Ministry, the Commissioner of Prisons and Correctional Services and the Attorney -General, who were listed as respondents.

The Zimbabwe Republic Police yesterday invoked the Public Order and Security Act and imposed a ban on carrying of dangerous weapons in public for the next three months in Harare Central District and Gwanda District in Matabeleland South, respectively. The decision by the police, which is the regulatory authority, was issued in terms of POSA following planned demonstrations by opposition political parties tomorrow and a meeting by some rogue war veterans.

The High Court has since okayed the meetings after the police had sought to stop them. But in separate prohibition orders yesterday, the police banned the carrying of weapons in Harare Central District and Gwanda District, saying they were likely to occasion public disorder or breach of peace and might also be used to commit serious crimes like unlawful entry.

Officer Commanding Harare Central District Chief Superintendent Jasper Chizemo banned carrying of weapons like catapults, machetes, axes, knobkerries, knives, swords, daggers or any traditional weapons likely to cause disorder and breach of peace.

Chief Supt Chizemo said the prohibition order was in terms of Section 14(1) of POSA (Chapter 11:17) and said he did so because he believed that carrying in public place or public thoroughfare or public display was likely to cause disorder.

“The belief is informed by the notification for public demonstrations lined up in my district of jurisdiction on March 22 2017, March 23 2017 and March 25 2017, I hereby issue an order prohibiting the carrying of such weapons within my district for three months, that is from March 22 to June 22 2017,” reads the notice by Chief Supt Chizemo.

Last week, High Court judge, Justice Alfas Chitakunye allowed some war veterans led by Mr Christopher Mutsvangwa to proceed with their meeting on Thursday without impediment.

In another case, the High Court allowed a demonstration by opposition political parties under the National Electoral Reform Agenda (Nera) banner to proceed.

Nera wants to protest Government’s decision to procure biometric voter registration kits without the involvement of the United Nations Development Programme.

In Matabeleland South, the prohibition order was issued by acting officer Commanding Police in Gwanda Superintendent Stephen Mutema and is set to run until June 15 2017.

“I hereby declare and issue an order prohibiting the carrying of such weapons in Gwanda District for a period not exceeding three months from March 15 to June 15, 2017,” he said.

Supt Mutema said the order has been necessitated by an increase in assault, murder and robbery cases mostly committed by illegal gold panners and at drinking places.

“Our statistics chart indicates assault as the most dominant crime committed within our province and this has become a cause for concern to us as a security force.

Supt Mutema said during the period, police will intensify random stop-and-search operations and those found in possession of banned weapons will be arrested. — Herald/Chronicle Reporters.

Daniel Nemukuyu Senior Court Reporter—
Brutally assaulting villagers and denying them food and water while in holding cells has backfired on the police after a court ordered them to pay damages to the tune of $4 700. Six men from Chinyamukwakwa Village in Chisumbanje were rounded up by the police over violence allegations at a local private farming entity called Macdom Estates. The arresting officers approached the six who were working in their fields and indiscriminately assaulted them with batons all over the body, accusing them of masterminding violent acts at Macdom Estates.

As a result of the assault, the six sustained injuries, but they were never taken to hospital. Instead, the police officers took them to Chisumbanje Police Station where they were detained without any food or water.

Zimbabwe Lawyers for Human Rights engaged a team of lawyers comprising Mr Langton Mhungu, Ms Peggy Tavagadza and Mr Blessing Nyamaropa to represent the six villagers.

Police Commissioner-General Augustine Chihuri, Home Affairs Minister Ignatius Chombo and a police officer identified as Mazarura were listed as defendants in the summons.

Chipinge magistrate Mr Poterai Gwezhira found that the police had unlawfully attacked the defenceless villagers and injured them.

“The plaintiffs managed to prove their case on a balance of probabilities that they were assaulted by police details while at Chinyamukwakwa Village allegedly over a dispute between villagers and a private entity known as Macdom Estates,” ruled Mr Gwezhira.

“There was recklessness of some sort in the manner the police details executed their duties at the time as they ended up injuring villagers who were carrying out their farming activities in their fields.

“The treatment the plaintiffs received while in detention at Chisumbanje Police Station is clearly out of sync with the expected minimum standards in a civilised society.”

To that end, Mr Gwezhira ordered the police to pay the damages.

“Accordingly, judgment is entered for the plaintiffs and against the defendants as follows:

“There will be an order for the plaintiffs against the defendants jointly and severally, the one paying the other to be absolved for:

1.payment of the sum of $500 for pain and suffering to each plaintiff.

2. payment of the sum of $901,80 for pain and suffering to Vaina Ndhlovu, $735 to Samson Muyambo and $60 to Chipo Shiripinda being medical expenses incurred”.

The magistrate further ordered the defendants to pay costs of the suit.

Initially, the six were claiming $800 each, but the court found it too much and unjustified.

Pictures showing the injuries suffered by the victims were presented in court as evidence that indeed the six were assaulted.

The late Apostle Chiriseri

Whinsley Masara Bulawayo Bureau
A COP who was set to appear in court for allegedly robbing Apostle Charles Chiriseri’s corpse of $200 has died after he was hit by a car at a roadblock. Mkhokheli Mpofu (30), a constable, was hit by a car while manning a roadblock on Friday near the spot where he allegedly robbed the late founder of His Presence Ministries International pastor’s corpse in September last year.

Fellow officers yesterday told the Chronicle they believed Apostle Chiriseri’s spirit was exacting vengeance on Mpofu.

The accident that seriously injured Mpofu occurred at the 397km peg along the Harare-Bulawayo Highway in Mbembesi around 6pm.

He died on admission at the United Bulawayo Hospitals on the same day around 7.30pm.

“A former police officer Mr Peter Cahile was driving a Defender Land Rover towards Bulawayo and he failed to stop at the roadblock,” said a source who declined to be named.

“Mr Cahile told investigators he failed to see Cst Mpofu, who was in the road signalling for him to stop, as it was dark.

He stopped a few metres from the accident scene and was immediately arrested.”

Mpofu was supposed to appear in court on March 28 for allegedly stealing $200, which was in a pocket of the late Apostle Chiriseri at the accident scene.

He allegedly committed the crime with a colleague, Tawanda Mawere (31) and a fire fighter, Mthandazo Rick Dube (34) from the Bulawayo Fire Brigade at the 388km peg along the Harare-Bulawayo Highway last September.

The late apostle was travelling to Bulawayo with his wife Pastor Pertunia Chiriseri, who suffered serious injuries and was admitted in hospital for about a month before she was discharged.

Mpofu and Mawere were stationed at Mbembesi Police Station and according to State papers seen by our Bulawayo Bureau.

Dube retrieved the apostle’s body from the wreckage and searched it.

“He then took $505, 95 from the wallet and recorded it in the Famona Fire Brigade log book and the two other accused persons, Mawere and Mpofu appended their signatures in the presence of Mount Olives International church Pastor Gordon Dube, who was one of the first people to arrive at the scene,” reads the court papers.

When Pastor Dube left the accident scene, the trio allegedly connived to steal $200 from the money they had recovered.

The theft was discovered when a relative to the late apostle, Bishop Colin Nyathi of Harvest House International Ministries communicated with Pastor Dube, who revealed to him the amount of money that was found in Apostle Chiriseri’s pocket.

“On September 17, I inquired from Pastor Nyathi whether he had collected Chiriseri’s property and he told me that he was only handed $305, 95 as the recovered property.

“I confronted Mawere and Mpofu about the missing $200 and they both denied having misappropriated the funds,” the court papers quote Pastor Dube as saying.

According to State papers, the money and the fire fighter’s log book were not recovered.

Investigations led to the accused persons’ arrest and they were set to appear in court.

Matabeleland North police spokesperson Assistant Inspector Eglon Nkala referred questions to the national police spokesperson Chief Superintendent Paul Nyathi, who could not be reached for comment yesterday.

Former StarFM programmes manager Tichafa Matambanadzo smiles at the camera after appearing at the Harare Magistrates’ Courts yesterday

Fungai Lupande Court Reporter
radio and television personality Tichafa Augustine Matambanadzo, popularly known as Tich Mataz, was yesterday convicted of smuggling clothes and shoes from China and was fined $300. He had pleaded not guilty to contravening the Customs and Excise Act, but was convicted due to overwhelming evidence against him. Harare magistrate Mr Lazini Ncube fined Matambanadzo with an option of two months in prison. Matambanadzo, through his lawyer Mr Godfrey Makwaye, asked for time to pay the fine, prompting Mr Ncube to ask if he was lying when he said his client has huge savings in mitigation. Mr Ncube did not comment on whether or not Matambanadzo will pay the duty he evaded. In aggravation the prosecutor Mrs Francesca Mukumbiri said Matambanadzo contributed to the bleeding of the economy and sabotaged Government.

“His moral blameworthiness is high because of his celebrity status. He is expected to lead by example and observe the law. What example is he teaching the future generation?

“Smuggling is a serious offence and the Zimbabwe Revenue Authority is at the borders to collect revenue.”

In his defence, Matambanadzo said that he believed his items fell under rebate and was ordered to leave with his bags by a “certain” Zimbabwe Revenue Authority (Zimra) official.

He also said Zimra machines were not working that day. Matambanadzo, is employed by ZiFM.

On January 7 this year, Matambanadzo arrived at Harare International Airport aboard a Kenya Airways flight from China.

After picking his boxes from the carousel, he went through the green route used by those with nothing to declare.

He was stopped by Zimbabwe Revenue Authority official 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 Patrick Mhanda, who was manning cubicle No.3 of the red route.

Matambanadzo was asked to complete a declaration form and he complied, but disappeared without paying $538,75 duty.

Garikai Mazara

Tendai Rupapa Senior Court Reporter
Sunday Mail Features and Opinions Editor Garikai Mazara has filed a $500 000 lawsuit against businessman Wicknell Chivayo over alleged defamatory WhatsApp massages. In a claim filed in the High Court yesterday, Mazara is demanding $500 000 damages for injuria and interests. The respondent has 10 days to respond to the summons. Chivayo allegedly hurled insults and obscenities at Mazara. He allegedly said: “Urimbwa yemunhu unofa uchishupika. (You are a dog and you will die poor).”

He went on to critique Mazara’s WhatsApp profile picture, insinuating that he was HIV positive.

“On your profile picture muromo wakafunuka. I’m sure inzara and mapundu ese ayo, asi une Aids?” reads part of the messages.

Some of the messages contain unprintable profanities.

Through his lawyer Advocate Edley Mubaiwa, instructed by Mr Tichawana Nyahuma of Sengwe Law Chambers, Mazara said the messages are humiliating, degrading and ignominious.

“As a result of the said words, plaintiff (Mazara) felt undignified, disesteemed, wretched, ridiculed, demeaned and deprived of his peace and tranquillity of mind.

“. . . plaintiff did feel that he was a foolish man of lower mental and intellectual potency than that which is required of him by both his profession and occupation.

“ . . .plaintiff did feel that despite his best efforts at the work that remunerates him, he is so visibly poverty stricken that his countenance manifests hunger and exasperation.

“The words proclaimed that plaintiff is a man of loose moral and sexual proclivity, who has succumbed to and looks defeated by disease of sexual origin.

“ . . . plaintiff did feel that his work, station, healthy and appearance were so pathetic as to invite pity and shame,” read part of the summons.

On March 7, Chivayo handed himself over to Harare Central Police Station on his return from London.

Chivayo, who was accompanied by his lawyers Advocate Thabani Mpofu and Advocate Sylvester Hashiti, denied the charges levelled against him and signed a warned and cautioned statement before being released.

Reports say on February 14, 2017 at 13.52 hours, Mazara sent a set of questions to Chivayo, inquiring about progress of the Gwanda national solar project that his company, Intratek, is implementing.

Chivayo then referred Mazara to his project manager.

Mazara proceeded to write a story, which was published on February 19, under the headline, “Chivayo explains progress”, in which the project manager outlined work so far carried out on the project.

The late Apostle Chiriseri

Whinsley Masara Bulawayo Bureau
TWO more people who allegedly robbed Apostle Charles Chiriseri’s corpse last year have died in freak accidents. This brings to three the known number of people who have died after looting cash and goods at the scene of the accident, which happened at the 388km peg along the Harare-Bulawayo Highway on September 15 last year. The third person, a Constable Mkhokheli Mpofu (30), died last Friday after he was hit by a vehicle driven by a former police officer, Mr Peter Cahile, who failed to stop at a roadblock near the spot where Mpofu allegedly stole $200 from the late founder of His Presence Ministries International.

He was buried at Luveve Cemetery in Bulawayo on Monday.

A Kurai Bus Service conductor, Forget Chikweya, who allegedly stole a Samsung S6 phone at the accident scene, died on November 9 last year. He was allegedly part of a group that stole groceries and gadgets before emergency service teams arrived.

Investigations by Chronicle revealed that Chikweya was the only person who died in a car accident at the 13km peg along the Bulawayo-Plumtree Road.

Police recovered the cellphone from a Harare woman, Cynthia Nyanga and she said she bought it from Chikweya.

Honest Hleza, a fire fighter from the Bulawayo Fire Brigade, who allegedly stole a laptop, died sometime in December last year.

Police recovered the laptop from a woman he had sold it to.

Bulawayo Fire Brigade Senior Divisional Officer, Mr Linos Phiri, confirmed Hleza’s death.

“Hleza died sometime in December in a car accident on his way to work.

“He died a few kilometres away from the fire station. He was the only one who died among a group of workers being transported to work,” said Mr Phiri.

Mthandazo Rick Dube (34), a fellow fire fighter, who is co-accused with Mpofu, was the only one injured in the accident and is said to have been admitted at a hospital for some time.

Commenting on Mpofu’s death at the roadblock on Monday, some police officers said they thought Apostle Chiriseri’s spirit was exacting vengeance.

The accident that seriously injured Mpofu occurred at the 397km peg along the Harare-Bulawayo Highway in Mbembesi around 6pm. He died on admission to the United Bulawayo Hospitals on the same day at around 7.30PM.Mr Chile stopped a few metres from the accident scene and was immediately arrested.

Mpofu was scheduled to appear in court on March 28 for allegedly stealing $200, which was in the late Apostle Chiriseri’s pocket at the accident scene.

He allegedly committed the crime with a colleague, Tawanda Mawere (31) and Dube, from the Bulawayo Fire Brigade.

The late apostle was travelling to Bulawayo with his wife pastor Pertunia Chiriseri, who suffered serious injuries and was admitted in hospital for about a month before she was discharged.

Mpofu and Mawere were stationed at Mbembesi Police Station and according to state papers seen by Chronicle, Dube retrieved the apostle’s body from the wreckage and searched it.

“He then took $505, 95 from the wallet and recorded it in the Famona Fire Brigade log book and the two other accused persons, Mawere and Mpofu appended their signatures in the presence of Mount Olives International church pastor Gordon Dube, who was one of the first people to arrive at the scene,” read the court papers.

When Pastor Dube left the accident scene, the trio allegedly connived to steal $200 from the money they had recovered.

The theft was discovered when a relative to the late apostle, Bishop Colin Nyathi of Harvest House International Ministries communicated with Pastor Dube who revealed to him the amount of money that was found in Apostle Chiriseri’s pocket.

Investigations led to the accused persons’ arrest and they are set to appear in court on March 28.

Walter Nyamukondiwa Chinhoyi Bureau
A Mutorashanga couple, which forced its 13-year-old disabled daughter to live with chickens since September last year, has been sentenced to two years in jail. The couple was convicted on child abuse charges by Chinhoyi magistrate Mrs Letwin Rwodzi. The court ruled that the couple physically and emotionally abused the girl on the grounds that she was soiling herself in the blankets.

Mrs Rwodzi sentenced the girl’s father and her stepmother to two years in prison before setting aside six months on condition that they do not commit a similar offence in the next five years.

In aggravation, prosecutor Mr Trustmore Mukarati said the couple infringed all the fundamental rights of the child, including denying her food, shelter and precluding her from going to school.

The court was told that she would sleep and live in the chicken run, where she had only one blanket and would not be allowed to play with her brothers and sisters born by the stepmother.

Touched by her plight, neighbours alerted the police.

The girl’s 28-year-old stepmother and her 40-year-old father inhumanely treated her by denying her safety and comfort. They did not deny forcing her to sleep and live in the chicken run but said the decision was made after she started soiling herself.

The decision was also made to isolate her from other children. The girl started living among chickens sometime in 2009, which was however, disputed by the girl’s father, who said she moved there in September 2016.

“We agreed that she should move to the chicken run after she started messing the blankets while sleeping. It was a collective decision so that she would not affect the other children,” said the father in court.

They pleaded for leniency, saying they had children who needed their care.

Mrs Rwodzi asked them where their sense of parenthood had gone when they tortured their daughter.

Thupeyo Muleya Beitbridge Bureau—
The trial of a 25-year-old South African man, who allegedly trafficked four Zimbabweans to his home country where he used them as forced labour, has been set for April 12. Raymond Sithole of Chebeng Village will be tried at the Seshego Magistrate Court in Polokwane City. He was arrested on January 3 by South Africa’s Directorate for Priority Crime Investigations (The Hawks) following a tip off.

Sithole is accused of holding the four men hostage at his home.

Hawks spokesperson for Limpopo province Captain Matimba Maluleke said the man’s victims were aged between 15 and 20 and had been illegally transported into the neighbouring country after promising them good jobs.

Captain Maluleke said the four were being kept under lock and key at Sithole’s house. He said in some instances, the man would send the victims to steal and do other jobs without paying them.

“He has been charged with human trafficking. The complainants were allegedly kept under key and lock after being smuggled into South Africa with false promises of good jobs and better lives here.

“In some cases, the suspect would severely assault them if they failed to comply with his orders,” he said.

Capt Maluleke said the man was arrested by a Hawks reaction team after getting wind of the alleged exploitation of the Zimbabweans.

He said they had also arrested a home affairs official, John Baloyi (32) for confiscating a passport belonging to a foreign national in January.

“After confiscating the passport, he asked for a bribe and we arrested him soon after collecting the money. He will soon appear in court on a charge of corruption,” he said.

Police from both countries intensified border patrols in light of an increase in the illegal smuggling of children between the two countries.

A total of 120 children were in December, intercepted along the border line while being smuggled into South Africa, prompting security agents to re-double their efforts in fighting the crime.

Further, a total of 20 children were repatriated from the neighbouring country in 2016, after being intercepted between Musina and Polokwane, en-route to Johannesburg.

In the same year, three Zimbabwean cross-border transporters were jailed for 632 years by a South African High Court after they were convicted on 62 charges ranging from murder, robbery, extortion, rape among other violent crimes perpetrated in that country.

All their victims were Zimbabweans using hiking spots between Musina and Johannesburg.

Fungai Lupande Court Reporter
Zanu-PF provincial youth member for Mazowe District Jonathan Nhamburo has appeared in court for allegedly duping a land seeker of over $7 000 using Minister of State for Mashonaland Central Provincial Affairs Advocate Martin Dinha’s name. Nhamburo (35), who sits in the Lands Committee for Mazowe, allegedly masqueraded as Adv Dinha’s aide. He appeared before Harare provincial magistrate Mr Elisha Singano who remanded him to April 12 on $100 bail.

As part of his bail conditions, Nhamburo was ordered to report every Friday at CID Commercial Crimes Unit and to reside at Plot 18 Sunridge Farm, Glendale in Mazowe.

Prosecuting, Mr Sebastian Mutizirwa alleged that sometime in April 2014, Benniter Kadohwata met Nhamburo who claimed to be Adv Dinha’s aide. Kadohwata expressed his desire to acquire a farm and Nhamburo assured him that he was able to assist.

It is alleged that Kadohwata was assisted to get a Land and Resettlement Programme Scheme form from Concession Rural District Council and was asked to pay $200 by Nhamburo.

He was ordered to pay $600 for the District Administrator, Mr Willard Masimba, ostensibly to fast-track the land allocation, it is alleged.

He allegedly managed to pay $400 to Nhamburo.

After three months, Kadohwata was advised that he had been allocated a 20-hectare farm at Zanado Farm in Concession.

He was interested and was advised to obtain a permit before occupying the land.

It is alleged that Kadohwata waited in vain for the permit and paid another $2 640 towards fuel and airtime to Nhamburo.

In December 2014, he threatened to report the matter to the police and he was immediately “allocated” another farm in Nyandirwi.

He was advised that the first farm had been allocated to someone else.

Kadohwata was allegedly given fake documents and was ordered to pay another $1 000 as farm facilitation fee.

The court heard that Nhamburo pestered him for a token and was given a Peugeot 405 station wagon valued at $3 000.

Kadohwata made a follow-up at the District Administrator’s office and discovered that the documents were fraudulent.

Nhamburo became evasive and Kadohwata lost $7 500.

Meanwhile, a housemaid appeared in court yesterday charged with culpable homicide after she allegedly caused the death of a minor, writes Sheillah Mapani.

Vaidah Nzanga (20) appeared before Harare magistrate Ms Barbra Chimboza.

She was remanded in custody to April 4.

Prosecutor Mr Sebastian Mutizirwa alleged on March 13, Nzanga and the now deceased Tanaka Nathaniel Chimusaru were home in Waterfalls.

Nzanga heated bath water which she left in the corridor.

Chimusaru bumped into the bucket and suffered severe burns.

The child was taken to Mbuya Dorcas Hospital in the suburb for treatment where she died on March 15.

The body was taken to Harare for post-mortem, which confirmed that the child died from severe burns.

Fungai Lupande Court Reporter
Four men, including jailed Zimbabwe People’s Front president Owen Kuchata, suspected of plotting to bomb the First Family’s dairy farm in Mazowe, yesterday made a second application for their freedom. Kuchata, Borman Ngwenya, a soldier attached to military intelligence, Solomon Makumbe (29), a Zimbabwe National Army corporal; and Silas Pfupa (37), an ex-soldier – are pushing for refusal of further remand.

They are facing treason charges and have been on remand since January 2016.

Prosecutor Mr Sebastian Mutizirwa applied for postponement of the matter because the State was not able to indict the quartet for trial at the High Court in its first term.

“I received a document from the National Prosecuting Authority (NPA), particularly from Mr Chris Mutangadura indicating that the accused will be indicted in the second term of the High Court,” Mr Mutizirwa said.

“The accused have another case which Makumbe and Pfupa referred to the Constitutional Court. Some of the facts that form the charge of possession of weaponry for sabotage are also part of this case. We await the Concourt determination.”

In March last year, Makumbe and Pfupa applied for referral of their matter to the Concourt after the State reinstated the charges of possession of weaponry for sabotage, which had been earlier withdrawn before plea on the instructions of suspended Prosecutor-General Johannes Tomana.

Through their lawyers, the trio told the court that they were ready to proceed with oral submissions for their application, but the State has introduced new and different issues.

Makumbe and Pfupa were represented by Mrs Gamuchira Dzitiro, Ngwenya was represented by Mr Exactly Mangezi, while Kuchata was a self actor.

They said: “We were ready with oral submission for the application of refusal of further remand, but the State has introduced totally different issues. We will file our application by Friday.”

The State undertook to respond by March 27 and Ms Chimboza will make a ruling on March 30.

Kuchata is serving nine years for banditry and money laundering.

The quartet allegedly established a militia training base in Mapinga, Mashonaland West province, where they planned to commit terror acts, sabotage and banditry.

Mr Mutizirwa alleged that on January 1, this year, they allegedly proceeded to President Mugabe’s rural home in Zvimba where they carried out reconnaissance, identifying suitable vulnerable points to sabotage.

It is alleged the four held several meetings at Queens Hotel in Harare, mapping strategies on how they would strike.

Police received a tip-off that the four were planning to bomb Alpha Omega Dairy’s processing plant and a tuckshop during the night.

Acting on the tip-off, the police proceeded to the farm and laid an ambush about 100 metres from the quartet’s target.

At around 10pm, the detectives saw the men approaching the processing plant and immediately arrested them.

Meanwhile, the 74 protesters who were accused of torching vending stalls at Copacabana bus terminus in Harare, before looting shops and attacking the police in August last year, were yesterday acquitted due to lack of evidence.

The group, which includes Petros Sokole (39) and Paradzayi Manyara (39), was represented by lawyers Messrs Trust Maanda, Jeremiah Bhamu and Harrison Nkomo.

Presiding magistrate Ms Barbara Chimboza granted the group’s application for discharge at the close of the State’s case. In her ruling, Ms Chimboza said the State called four witnesses whose evidence was not reliable and sufficient to cause a conviction.

“The evidence of the first two witnesses did not assist the court in coming up with a determination,” she said.

“The court heard that the accused were arrested using photographs. However, the photos were not produced in court as exhibits neither was the court told what the pictures related to.

“The fourth witness could not identify the accused and no evidence was led pertaining to allegations that police officers were assaulted.”

The group pleaded not guilty and in their defence presented alibis.

Thupeyo Muleya Beitbridge Bureau—
Beitbridge Border Post authorities have opened investigations into an incident where one of the over 36 closed circuit television (CCTV) security cameras was stolen during a power blackout last week. The theft came to light on last Saturday when security agents discovered that a key area used by smugglers and illegal immigrants had gone off the radar. Sources at the border on Tuesday said camera number 21, which monitors the area around the duty-free shop, a check- point manned by soldiers and the Police Support Unit was still missing.

The area around the duty-free shop is used by conmen, touts, smugglers using bicycles and border jumpers to access the border post.

“We suspect the camera was stolen during a power blackout,” said an official. “The suspect(s) are not known yet, but we are certain this was a well-planned job by the crim- inals. Investigations are in progress and nobody has been arrested yet.”

Matabeleland South police spokesperson Inspector Philisani Ndebele said he was yet to receive information on the case.

“We are yet to get that report and I cannot give you any information at the moment,” he said.

Over 15 people, including police, immigration, Zimbabwe Revenue Authority (Zimra) officials and soldiers have been arrested since August last year for smuggling after being caught on camera.

The closed circuit cameras are part of a raft of upgrade measures on security at the border, as Government seeks to reduce incidents of corruption and smuggling at ports of entry.

So far, Government has secured at total of $600 000, which has been used to, among other things, buy border patrol vehicles, lie detectors, mineral and metal detectors, patrol motorbikes, secret cameras and repairing the border parameter fence, which had been vandalised by criminals.

The CCTVs were installed at points unknown to border officials.

Home Affairs Minister Dr Ignatius Chombo said during a recent visit to Beitbridge that corruption was affecting Government’s revenue collection.

He said Zimra was collecting $800 000 against a daily target of $1,2 million.

Minister Chombo, who heads a Cabinet crack team set up to look into operations and reducing smuggling, said the country was losing potential revenue through underhand dealings at Beitbridge Border Post.

Other members of the inter-ministerial team include Finance and Economic Development Minister Patrick Chinamasa, Mines and Mining Development Minister Walter Chidhakwa, Environment, Water and Climate Minister Oppah Muchinguri-Kashiri, Industry and Commerce Minister Mike Bimha and Agriculture, Mechanisation and Irrigation Development Minister Joseph Made.

Tendai Rupapa Senior Court Reporter
A murder suspect has challenged the constitutionality of appointing assessors in criminal trials who have reached or are above the age of 70.

The High Court Act recognises the appointment of assessors of fact in any criminal trial.

However, some of the assessors are above the age of 70, but continue sitting with judges presiding over criminal trials in the High Court.

Judges retire at the age of 70.

Alas Sande, who is being tried of murder in the High Court before Justice Tawanda Chitapi, also wants an order declaring the law compelling suspects to disclose their defence at the start of trials as unconstitutional.

Through his lawyer Advocate Silvester Hashiti, Sande argues that it is legally dangerous to allow untrained above 70 years assessors to continue sitting on criminal matters.

“Assessors must of consequence be below the age of 70 as is expected of trained judicial and legal minds,” says Sande. “It is with respect, anomalous to expect a trained judicial mind to retire at 70 and to cease being a trier of fact and law, yet the same does not pertain to assessors of fact in a criminal trial.”

Sande further argues that litigants in civil matters are accorded protection of the law which is not accorded suspects in criminal trials.

“Under the civil regime, the triers of fact are below 70 and impliedly competent, whereas under criminal, no such protection is accorded,” he argues.

“This practice would, in my respectful view, therefore, be contrary to the rights to equal benefit and protection of the law which Section 56 of the Constitution accords everyone.”

Sande is also challenging the constitutionality of Section 66 (6) (b) of the Criminal Procedure and Evidence Act.

The section provides that where a suspect has been committed for trial, there would be served a notice requesting an outline of his/her defence and to supply names of witnesses together with a summary of the defence which each witness will give.

In proving its case, Sande argues that the State should rely on the evidence and witnesses available to them and not on any defence outline or any submissions an accused person makes in the course of a trial.

Mr Washington Munyoro of the Prosecutor-General’s Office is yet to respond to the application.

Mashudu Netsianda Bulawayo Bureau
A game ranger employed at State Security Minister Kembo Mohadi’s farm in Beitbridge who fatally shot a suspected poacher has been acquitted of murder.

Onias Mahewu (56) of Tongwe Village in Beitbridge and employed at Umzingwane Farm near the border town was discharged at the close of the State case by Bulawayo High Court judge, Justice Nokuthula Moyo.

Justice Moyo concluded that the State had failed to prove a prima facie case and acquitted him of the murder charge.

Mahewu fatally shot Jameson Chimudoro after he had strayed into Minister Mohadi’s farm in 2013.

Justice Moyo ruled that Chimudoro was an aggressor and poacher, who was trespassing at the time he met his death.

“The deceased was not only carrying a lethal weapon and not only did he trespass, but he was also the aggressor,” she said.

“He reacted violently to Chimudoro’s colleague when he instructed him to stand still.”

Justice Moyo said the State failed to bring up evidence to counter the defence.

“In the circumstances, the concession by the State counsel was proper in our view,” she said.

“The accused person’s conduct was necessary to avert an unlawful attack on his colleague who was not armed and, therefore, his conduct is justified given that the deceased was carrying a spear, which is an equally lethal weapon.

“The court has factored in the aspect that the accused person and his colleague Wonder Hlabathi were on duty doing their anti-poaching activities and the deceased was most probably a poacher and a trespasser at the farm.

“In the circumstances, the court is of the view that the application for discharge at the close of State case succeeds. The accused person is found not guilty and accordingly acquitted.”

The prosecutor Mrs Sifiso Sibanda said on November 20, 2013 at around 2.40am, Mahewu and Hlabathi were on patrol when they heard dogs barking at one of the paddocks near the boundary fence of the farm.

She said the two game rangers became suspicious, went to the paddock and laid an ambush.

“After about 20 minutes, the accused person and Hlabathi spotted the deceased and his unidentified accomplice passing by,” said Mrs Sibanda.

Mahewu suspected that Chimudoro and his accomplice were poachers and he ordered them to stop.

The court heard that Mahewu opened fire and shot Chimudoro on the chest using a 12 bore mega shot gun and he fell.

Chimudoro was taken to Beitbridge District Hospital where he was pronounced dead on arrival.

Thupeyo Muleya Beitbridge Bureau
South African border authorities have intercepted a Zimbabwean registered Toyota Quantum which was carrying a contraband of suspected drugs concealed in two gas cylinders.

The driver of the vehicle ran away following the interception on Monday afternoon.

The vehicle, which was towing a trailer, was stopped by members of that country’s organised crime unit, the Hawks.

Limpopo’s Hawks spokesperson Captain Matimba Maluleke said investigations were still in progress.

“Members of the Hawks, SARS and Saps intercepted a white Toyota Quantum which was travelling from Zimbabwe to South Africa via Beitbridge Border Post,” he said.

“The vehicle was searched and the driver failed to account for four gas cylinders he was carrying in the trailer. The cylinders were taken for weighing.”

Capt Maluleke said the two cylinders, which weighed more than expected, were opened and plastic bags containing an unknown black and white substance were found.

He said the contraband had been taken to the laboratory for forensic examinations.

“The driver of the vehicle fled from the scene and no one has been arrested at the moment,” said Capt Maluleke. “However, intensive investigations are in progress.”

A few months ago, a 26-year-old Malawian woman was arrested while smuggling three kilogrammes of cocaine worth R1,6 million through the same border post.

Martha Chakoma was arrested on the South African side on the border by a team of detectives from the Hawks and customs officers while carrying drugs mixed with rice wrapped in newspaper.

In 2015, two women were fined R40 000 and R30 000 each after they were busted in the same way while smuggling 28kg of drugs worth R8 million into the neighbouring country.

The two women, Memory Mapurisa (39), a Zimbabwean, and Vuyiswa Mabaso (23) from Lesotho were intercepted by a patrol officer while walking across the Alfred Beit Bridge into South Africa.

Mapurisa was found with 18kg of ephedrine, while Mabaso had 10kg of the same material, which is one of the main substances of heroin.

Prof Gudyanga

Fungai Lupande Court Reporter
Secretary for Mines and Mining Development Professor Francis Gudyanga, who led the Minerals Marketing Corporation of Zimbabwe (MMCZ) board since December 2013, never convened a meeting until a fortnight ago, but claimed $28 000 board sitting allowances, the court heard yesterday.

Prof Gudyanga was the only board member and never consulted the acting general-manager Richard Chingodza (41) and the corporation’s secretary Nomsa Moyo, whom he was supposed to hold meetings with, according to the Company Act.

This was exposed during cross-examination after Prof Gudyanga testified in a trial against Chingodza and the company’s acting deputy-general manager (finance and administration) Hannan Tongai Chitate (35).

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

During cross-examination by Chingodza’s lawyer Mr Oliver Marwa, Prof Gudyanga was asked how many people sat in the board during his tenure.

He replied: “At the time I was chairperson, I was the only one in the board, no other person.”

Prof Gudyanga was given the Company Act to confirm what the board should consist of.

“According to the Act, the board should consist of the general manager, me, the corporation’s secretary and others,” he read.

Asked Mr Marwa: “Did you have any meetings with Chingodza after your appointment?”

Prof Gudyanga said he never had meetings as a board since December 10, 2013 until two weeks ago when the board was dissolved.

Mr Marwa asked him if he was chairing a full board and the answer was negative.

“Why were you paid sitting fees?” asked Mr Marwa.

Replied Prof Gudyanga: “It’s not just sitting, but decision making. No, it was not sitting fees, but boarding fees because we did not sit as a board.

“The board is not all about sitting, but consultation and decision making. It took most of my time.”

Prof Gudyanga was shown a document reflecting that he received $875 monthly as board fees and $460 sitting fees for sitting 21 times, totalling $28 910.

According to the document, tax deducted was $5 782 and Prof Gudyanga took home a total of $23 128.

“For not sitting on the board you received this?” asked Mr Marwa, much to the amusement of the gallery.

Prof Gudyanga said he knew some of the amounts.

He refused to read out to the court the total amount he allegedly received.

The trial continues on April 25.

The prosecutor Mrs Molyn Mutamangira-Mavhondo alleged that contrary to their duties and without following the procedure, Chingodza and Chitate fraudulently awarded themselves allowances and loans amounting to $625 226,88 over a period extending June 2013 to April last year.

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

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

A Utah girl was shot in the head and left for dead after two boys in her school became annoyed that she was messaging them too much on the popular Snapchat app.

Deserae Turner was the victim of a murder plot by two teen boys, who previously made plans to kill her before the shooting occurred. The previous plot was, according to Sheriff Deputy Brian Groves, to slit the girl’s throat and kill her – though one of the boys later admitted that he couldn’t do it. The boys lured Turner to a canal but ultimately were unable to go through with the gruesome crime.

Days later, they got Turner to meet them at the canal again and planned on following through with slitting her throat.

When they once again decided they couldn’t do it, one of the boys pulled out a gun they brought as backup and shot her in the head.

Turner reportedly had no idea the shooting was coming, the Salt Lake Tribune reported.

In court, Groves said that he asked the teen who shot Turner why he did it, and said that it was because he became annoyed with how many Snapchat messages she was sending him.

“It would be pretty easy to get rid of her,” the shooter’s friend told him after he expressed his frustration with her messages.

After shooting Turner, the teens took her backpack, electronics and money and left her for dead. That night, she was reported missing and was found lying in a ditch soon after.

Many readers called for the teens to be tried as adults and punished to the fullest extent of the law for their horrific actions.

“Thank God she’s alive. Put the animals in general public in prison and see how much they like being someone’s bitch for the rest of their miserable lives,” one Mad World News reader commented on the site’s Facebook page.

“They need to be tried as adults and their parents need to be charged because there are way too many children doing things like this and it comes from parents not parenting their children. No spankings or consequences for their actions. Well now if the parents start getting charged maybe they will do something about their evil children!!!!!” another wrote.

“Ok so there’s a duo of attempted murder awaiting their fate. . .one bullet each in the head and you save the state a shitload of money and you save others from the evil duo! Case closed, problem solved!” another reader expressed.

“The boys who did this deserve the death penalty. I understand everyone makes mistakes when they are young but there is absolutely NO EXCUSE for trying to take another persons life,” another added. — Americanow.

Fungai Lupande Court Reporter
A former retail manager for AfricOil Limited Zimbabwe, accused of swindling close to $1 million using fake companies to get fuel on credit, has applied for a temporal release of his passport.

Ronald Masimba Nyandoro (40), who is facing fraud charges, told a Harare court on Wednesday that he intends to travel to South Africa on business.

He also sought temporal relaxation of his reporting conditions.

Harare magistrate Ms Barbara Chimboza granted the application and ordered that the passport be returned by March 29.

Nyandoro is on $500 bail and is expected back in court on May 11.

He was represented by Advocate Webster Chinamora.

The complainant, AfricOil Limited, a South African-registered company with a subsidiary in Zimbabwe, is being represented by its credit controller Mzwakhe Mdakane.

Prosecuting, Mr Sebastian Mutizirwa told the court that Nyandoro’s duties included looking for new clients and managing operations in the country.

AfricOil distributes bulk fuel and has a credit facility to approved companies which receive fuel for resale. The company has fuel depots in Beitbridge and Bulawayo.

It is alleged that Nyandoro submitted credit application forms for 10 companies which had not applied for the facility.

It is alleged that the fake applications were approved.

The court heard that between August 2015 and July 2016 Nyandoro reportedly collected varying quantities of fuel from AfricOil deports.

The offence came to light when Mdakane discovered that some companies had accumulated huge debts and were not making efforts to clear their arrears.

He made follow-ups with some of the companies and discovered that they had not placed orders.

Some of the companies alleged to have purchased fuel were non-existent. A report was made to police leading to Nyandoro’s arrest.

AfricOil lost $976 608 and nothing was recovered.