Abigail Mawonde Herald Correspondent
The Zimbabwe Republic Police has banned the carrying of weapons like axes, knobkerries, and knives in Bindura District. Officer Commanding Police Bindura District, Chief Superintendent Godwin Chikuma, announced the prohibition order in a statement. “In terms of Section 14(1) of the Public Order and Security Act (Chapter 11:17), I Chief Superintendent Godwin Chikuma being the Officer Commanding Bindura Police District and therefore regulating authority of the area, bounded by; Chaona Village, Kanhukamwe Village, Blackforby College, Tavydale Farm, Dindinyongwe Village, Marirangwe Village, Mukaore Extension Farm, Umfurudzi Safari Range, Chivere Farm, Katanga Farm, believe on reasonable grounds that, the carrying in public, whether openly or by concealment in a public place or public thoroughfare or public display of any of the following weapons or items capable of use as weapons: (A) catapults, machetes, axes, knobkerries, swords, knives or daggers, (B) any traditional weapon whatsoever is likely to occasion public disorder or a breach of the peace, hereby issue an order prohibiting the carrying of such weapons in the area or any part thereof for a period not exceeding three months, that is from 29 March 2017 to 27 June 2017.

Any person who fails to comply with the order risks arrest.

“For the avoidance of doubt, it is declared that in terms of Section 14(4) of the POSA Chapter 11:17 any person who fails to comply with a prohibition made under subsection (1) shall be guilty of an offence and liable to a fine not exceeding Level 5 or to imprisonment for a period not exceeding six months or to both such fine and imprisonment,” he said.

Tendai Rupapa Senior Court Reporter
A High Court judge has slammed a non-custodial sentence imposed on a dagga grower by a Mutoko magistrate saying that the offence was serious and the woman deserved a prison term of up to four years. The 51-year-old woman from Chikara Village, Mudzi, pleaded guilty to cultivating nine plants of dagga with an average height of two metres. She was convicted of unlawful dealing in dangerous drugs. The woman told the magistrate that she was cultivating the dagga for survival. The magistrate ordered her to pay $150 fine. She was given a wholly suspended three months imprisonment term.

Justice Tawanda Chitapi on review felt the sentence was too lenient. He said it had the risk of trivialising serious offences and eroding society’s confidence in the courts of law.

“The sentence imposed by the magistrate is cause for concern and calls for comment,” he said.

“The sentence imposed by the court a quo is in all the circumstances disturbingly inadequate. It has the effect of sending the wrong signal to society that a person can cultivate a dangerous drug on an appreciable scale for purposes of dealing in such drug for sale to members of the public and get away with a fine.”

He said the sale or supply of dangerous drugs is prohibited, principally because of their harmful effect to the user and the society, hence the need to impose a deterrent sentence.

“Courts should not be seen to be defeating legislative intents. As a general rule, a person who cultivates dagga for sale is to be looked upon as a dangerous drug farmer and such person should be visited with an exemplary sentence,” he said.

“In my view an appropriate sentence should have been that accused be sentenced to imprisonment of between three and four years with part suspended.

“In the light of my finding that the sentence imposed in this case was disturbingly inadequate, I withhold my certificate of confirmation of the proceedings as being in accordance with real and substantial justice.”

Police got a tip-off that the woman was cultivating dagga in her garden. They proceeded to her house. She led the police to her garden and showed them the plants.

She was arrested.

Anesu Chakabva Herald Reporter
A Zimbabwe National Army staff sergeant has been jailed for 12 years for raping a minor. Taurai Chikwizu (37) of 2 Brigade, Craneborne, raped a friend’s daughter after paying a visit. Harare Magistrate Mr Hosea Mujaya sentenced Taurai Chikwizu to 12 years in prison after suspending four years on condition of good behaviour. The court heard that Chikwizu visited his workmate’s house. He found the complainant alone.

Chikwizu demanded a hug from the complainant saying he wanted to teach her romance. The girl refused.

He forced himself on the girl after covering her mouth with a cloth to stop her from shouting for help. After committing the offence, Chikwizu threatened to shoot the victim if ever she told anyone what had hap- pened.

The victim reported the abuse to her sister-in-law who in turn alerted the police leading to Chikwizu’s arrest.

Abigail Mawonde Herald Correspondent
Government has done a lot in fighting human trafficking through assisting victims and carrying out awareness campaigns, but more still needs to be done to contain the scourge. Secretary for Home Affairs Mr Melusi Matshiya made the remarks during the handover of equipment and furniture to the Trafficking In Persons (TIP) secretariat by the International Organisation for Migration (IOM) in Harare on Friday last week.

“The Government of Zimbabwe through the Anti-Trafficking Inter-Ministerial Committee (ATIMC) has covered some ground in creating awareness on human trafficking as well as in assisting victims of human trafficking.

“However, there is still a lot of work that needs to be done to ensure that perpetrators are brought to book and that our citizens are kept safe from human traffickers, especially women and children,” he said.

The equipment worth $12 000, consisted of furniture (tables, chairs and file cabinets), laptops, projectors, Samsung tablets and stationary among other items.

It is targeted at capacitating the ministry through the TIP Secretariat in carrying out its mandate through a donation from IOM through the 13th Edition of the European Development Fund.

Mr Matshiya said as the ATIMC was assisted in executing its mandate by the TIP Secretariat, which is housed in the Legal Services Department of the Home Affairs ministry, the equipment received would assist the Secretariat in supporting the effective functioning of the ATIMC.

“As such, this equipment donated to us today (Friday) will go a long way in assisting the ATIMC through the Secretariat in carrying out awareness campaigns, data capturing as well as carrying out the mandate as outlined in the National Plan of Action against Human Trafficking.

“I would like also to underscore that the TIP Secretariat has been carrying out preparation for the establishment of the first provincial task force team in Bulawayo set for this coming week, through the usual assistance of IOM and UNODC (United Nations Office on Drugs and Crime),” he said.

Officially handing over the goods, chief of mission IOM Zimbabwe Ms Lily Sanya appreciated the collaborative working relationship between her organisation and the ministry and pledged continued support towards Zimbabwe.

“Today’s action is connected to contributing to achieving the overall goal of the project and IOM’s broader efforts to support government to tackle Human Trafficking.

“Human trafficking is a heinous criminal act involving the trade in human beings for the purpose of exploitation and transcends borders. It must be stopped at all costs. By our presence here we are pledging to improve our response to human trafficking.”

She added: “We acknowledge that no one State can address this issue on its own, and that we must all share the responsibilities. I wish to reiterate IOM’s commitment to continue working with the Government of Zimbabwe, the Ministry of Home Affairs and indeed the TIP Secretariat in order to make our collective fight against human trafficking more effective.”

Mr Kuwaza

Fungai Lupande Court Reporter—
Former State Procurement Board (SPB) chairperson Charles Tawonerera Kuwaza, accused of five counts of corruption involving over $1 million and ZW$2,5 billion, was last Friday freed on $2 000 bail. Kuwaza is reportedly on a life support at Metropolitan Clinic after he suddenly fell seriously ill soon after his arrest on Wednesday last week. As part of bail conditions, Kuwaza was ordered to report on Monday and Friday at CID Commercial Crime Unit and to surrender title deeds to his Belvedere property.

His lawyer, Mr Shadreck Chisoko, however, told the court that he was having challenges in submitting the title deeds because it does not make reference to an address but only a stand number.

However, the court confirmed the title deeds.

It is alleged that Kuwaza committed the offences while at the helm of SPB.

Prosecuting, Mr Sebastian Mutizirwa told the court that Kuwaza was employed by the Office of the President and Cabinet (OPC) as SPB executive chairman from September 1, 2001 to November 27, 2015.

He said during his tenure of office, Kuwaza allegedly engaged in criminal activities to the prejudice of the State. The allegations stemmed from transactions unearthed by an OPC special audit.

According to the indictment, Kuwaza is facing one count of theft, two counts of fraud and two counts of criminal abuse of duty as a public officer.

On count one, it is alleged that during his term of office, Kuwaza received on behalf of the SPB a donation of a Toyota Land Cruiser Prado registration number AAV 0184 from the Reserve Bank of Zimbabwe.

Instead of handing over the vehicle to SPB, Kuwaza allegedly converted it to his personal use, prejudicing the SPB of the vehicle, valued at $120 000.

On count two, Kuwaza, being a public officer, allegedly acted contrary to his duties by ordering SPB’s payroll officers not to deduct Pay As You Earn from his taxable benefits. This was done without proof of an appropriate tax directive from Zimra, resulting in the tax collector garnishing SPB’s accounts a total of $869 820 to recover the prejudice for untaxed benefits.

Sheillah Mapani Herald Reporter
A Harare man appeared in court yesterday for allegedly killing his colleague over illicit beer known as “musombodhiya’.” Zachariah Gurwe appeared before Harare magistrate Ms Barbra Chimboza facing charges of murder and was remanded in custody to April 10. Prosecutor Ms Linda Gadzikwa alleged that on March 24, at Shumba shebeen in Epworth, the now deceased, Shepherd Pamame, drank Gurwe’s undiluted brew.

This angered Gurwe who subsequently confronted Pamame and kicked him in the chest, in the back and battered his head, the court heard.

It is the State’s case that Pamame started bleeding from the top of his right eye and left the waterring hole.

Upon arriving home, his relatives noticed that he was weakening and tried to feed him, but he failed to eat.

They took him to the police station in Epworth to report the matter, where he was referred to Epworth Polyclinic and was pronounced dead on arrival.

Tendai Rupapa Senior Court Reporter
Thirteen former civil servants will now leave the Government houses they have been occupying in Highfield after the High Court confirmed their eviction. The 13 were refusing to leave on the basis that they had legitimate expectation to buy the houses or offered alternative accommodation, given the service they had rendered to the State as per the then Government policy, which was later changed.

The retrenched and retired civil servants occupied houses in the Messengers’ Camp for periods ranging from 10 to 19 years.

The group had unsuccessfully sued the Minister of Local Government, Public Works and Urban Development at the civil courts.

Their appeal to the High Court was also thrown out.

Justice Alfas Chitakunye in his ruling said the court could not interfere with the Government’s change of policy of selling the houses to its former workers.

“Even after the appellants had expressed desire to buy the houses, they were not personally offered the houses for sale. The general policy was changed before the appellants had been offered the houses,” he said.

“When the general policy was changed the appellants were made aware of this and were advised to vacate. The issue of change of general policy by Government is something that the court cannot easily interfere with.”

He added: “What court will require is that those affected by changes in general policy be afforded a hearing, before such is implemented, and in this case upon receiving letters indicating the changes, they approached the minister and other offices and were afforded hearing.”

Justice Chitakunye said what was crucial to note in the circumstances was that the change was communicated and those affected were given audience.

He then dismissed the appeal with costs.

As the appellants were no longer civil servants, the respondent wrote letters to them demanding that they vacate the houses.

They resisted the eviction on the basis that they had been promised that the houses would be sold to them.

The matter was taken to court and the trial magistrate upheld the eviction prompting the group to lodge an appeal to the High Court which was also thrown out.

Noah Pito Herald Correspondent
One of the two stray lions that killed 12 cattle and four donkeys in Hurungwe West over the past five weeks, has been gunned down. The killer lion was shot dead around 9pm last Friday after Hurungwe Rural District Council (HRDC) engaged a professional hunter to kill the elusive predator that had imposed a “curfew” on villagers in Ward 24. The lion is one of adult males that strayed into Deve Point 4 area (Ward 24) last month before killing nine cattle and a donkey in the space of two weeks.

HRDC organised a joint operation with the National Parks and Wildlife Authority to kill the cats.

The team of rangers only managed to kill one lion, while the other escaped.

The runaway lion continued to terrorise the area and killed three cattle and two donkeys by last Friday.

The shooting of the cat was accompanied by wild celebrations in Deve Point 4 where villagers said order and normalcy had been restored.

Of late, in Deve Point 4 where both lions were gunned down, some villagers had resorted to penning their cattle and donkeys in kitchen huts and tobacco barns, to secure them from the ferocious cat.

Others without such option were now sleeping close to cattle pens using bonfires to scare away the rogue lion.

Mr Honest Mashoko (49) of Gono Village in Deve Point 4, who lives close to the spot where the lion was killed, said peace had now been restored in the area since villagers could do their normal duties without any fear.

Apart from disturbing villagers from doing their normal daily duties, Mr Mashoko said the rogue lion had continued to roar almost every night, patrolling the villages, thereby imposing a curfew on schoolchildren who had to dismiss early in fear of the marauding cat.

“The area had turned into the lion’s territory, the reason why people had resorted to using kitchen huts, barns, or even bedrooms as cattle pens,” he said.

“That was the only way left to secure our livestock. Others who had no choice had to sleep at the cattle pens with huge bonfires to scare away the lion. It had become dangerous to send children to school although we continued to do so.

HRDC chief executive officer Mr Joram Moyo said it was council’s duty to ensure that problem animals in the communities were dealt with, particularly for the safety of life and property.

“It is our mandate as council to ensure that problem animals are quickly dealt with each time they stray into our communities,” he said.

The terror lion was aged about seven years and weighed over 200 kilogrammes.

Sheillah Mapani Herald Reporter
A Harare man appeared in court last week after he was arrested for selling a catapult in defiance of a police order banning the sale of such weapons in the city. The Zimbabwe Republic Police recently issued a statement banning weapons such as catapults and axes, which they deemed a threat to peace, security and order. Zebediah Mambondiani appeared before Harare magistrate Ms Barbra Chimboza.

He was charged with contravening the temporary prohibition of possession of certain weapons within police districts and was remanded out of custody to tomorrow.

Prosecutor Ms Anesu Matorofa alleged that on March 22, at the corner of Kenneth Kaunda Avenue and Innez Terrace in Harare, Mambondiani was found in possession of 14 catapults by Purity Meke, a police officer.

Police fear such weapons maybe used to cause public disorder.

Mambondiani told the court that he was not aware that possession of catapult was now illegal.

He claimed police only arrested him after he refused to pay a $4 bribe.

Munyaradzi Musiiwa Midlands Correspondent—
Midlands Province has recorded the highest number of murder cases involving weapons such as machetes, especially in areas associated with illegal gold mining, amid reports that some of the killings were being perpetrated at the instigation of politicians. This has prompted police in the Midlands and Matabeleland North provinces to ban the carrying of catapults, machetes, axes, knobkerries, swords, knives or daggers or any traditional weapon in public whether openly or by concealment for the next three months.

According to police, carrying such weapons will attract a six-month jail term.

Speaking during a meeting with members of the Zanu-PF Midlands provincial coordinating committee on development, Midlands Minister of State for Provincial Affairs, Cde Jason Machaya said the province was topping the list of violent murders using machetes.

“I must inform the leadership that it has come to the attention of Government that Midlands is topping the list of violent murders using machetes,” he said. “Over a dozen people have lost their lives and many have been seriously injured.

“Kwekwe and Zvishavane have been singled out. Illegal gold mining is the major cause of the violence. Some politicians are being accused as being the ringleaders of the violence and beneficiaries of the process. As a province, we must seriously address the issue.”

“In terms of Section 14(1) of the Public Order and Security Act Chapter 11:17, Chief Superintendents Edward Ncube of Zvishavane, David Tiese of Kwekwe and Johannes Chinembiri Govo of Lupane believe on, reasonable grounds that the carrying in public, whether openly or by concealment in a public place or thoroughfare, public display of any of the following weapons or items capable of use as weapons: (a) catapults, machetes, axes, knobkerries, swords, knives or daggers (b) any traditional weapon whatsoever is likely to occasion public disorder or a breach of the peace, hereby issue an order prohibiting the carrying of such weapons in the area or any part therefore for a period not exceeding three months, that is from March 27, 2017 to 27 June, 2017,” reads part of the prohibition order.

Walter Nyamukondiwa Chinhoyi Bureau
Karoi Residents’ Trust chairperson Never Gasho has been arrested for undertaking an unsanctioned demonstration over alleged corruption in council.Among the grievances is the alleged failure to observe customer care by a car parking management firm engaged by council.

Residents alleged that efforts to engage council and management had not yielded positive results.

Gasho allegedly engaged in the demonstration at Karoi Hotel, where he was picked up by police on Monday afternoon and was only released yesterday after appearing before a magistrate.

The matter will proceed by way of summons after a charge of criminal defamation raised against Gasho was struck off from the country’s statutes.

No comment could be obtained from the police.

The residents’ trust is also questioning the criteria being used to recruit a substantive town secretary, saying it is shrouded in secrecy.

“We believe that the criteria is tailor-made to give undue advantage to a member of staff,” said a resident who declined to be identified.

Acting town secretary Mr Wellington Mutikani dismissed the demonstration as a one-man show whose grievances council was not aware of.

Fidelis Munyoro Chief Court Reporter
vendors who were evicted from the popular place Pasadza near Gail Court along Samora Machel Avenue in Harare have defied the High Court order as they are back in business.The vendors were evicted in January. This was after Topwheels Car Marketing (Pvt) Ltd, adjacent to the place, obtained an eviction order against Marketing Sales (Pvt) Ltd, owner of the place, City of Harare, Loveness Mutepfa, Kimbeni Bibishe, Rosslyn Muchero, Allan Chowa, David Josiah, George Maziwisa, Flex Bottle Store, Virginia Njunjira and Longina Zvasiya.

According to Justice Owen Tagu’s order, the vendors were interdicted from operating at the premises without obtaining the requisite licences.

“The third (Mutepfa), fifth (Muchero), sixth (Chowa), tenth (Njunjira) and eleventh (Zvasiya) respondents shall remove their utensils, including removing braai stands and rubble as may result from the demolition of built-up fireplaces, which they have been using to cook food on open fires and further, they shall remove the shades under which they had built or were operating the fire places or braai stands as the case may be,” said Justice Tagu.

Marketing Sales, which leases the property to sadza vendors, was barred from authorising the carrying out of any food business at the place.

In its urgent application, Topwheels Car Marketing argued that the manner in which Marketing Sales operated its business was a danger, as it exposed the car dealer’s staff and clients to the risk of fire and diseases.

“There is real danger that if the operations there do not cease there will definitely be a disease or fire outbreak,” said Topwheels Car Marketing. That would lead to ghastly consequences.”

Tendai Rupapa Senior Court Reporter
The Ministry of Lands and Rural Resettlement has no powers to withdraw offer letters it would have issued out to farmers, the Administrative Court has ruled.Justice Herbert Mandeya said only the President had such powers. He made the ruling in the case in which the Lowveld Sugar Cane Growers Association sued the Minister of Lands and Rural Resettlement for withdrawing their offer letters.

The association was offered land by Government under the land reform programme through offer letters from the Ministry of Lands and Rural Resettlement. The ministry later withdrew the letters on the strength of Clause 7 in the Agricultural Land Resettlement Act.

The paragraph reads, “The minister reserves the right to withdraw or change this offer letter if he deems it necessary, or if you are found in breach of any of the set conditions.”

The association argued that the ministry had no such powers, adding that Clause 7 of the offer letter issued to the members was in fact prohibited by law and, therefore, not enforceable.

They further argued that the Agricultural Land Settlement Act Chapter 20:01, which empowers the ministry to issue offer letters to beneficiaries of the land reform, empowered only the President of Zimbabwe to withdraw the letters.

Justice Mandeya agreed with the association’s contention, saying the legislation singled out the President and expressly empowered him in terms of Section 12 of the Act to withdraw the offer letters.

“The lawmaker, therefore, deliberately authorised the President only to withdraw offer letters,” he said.

“The failure to empower the respondent (ministry) to do so was deliberate. In Sections 7 and 8 of the Act, the lawmaker specifically empowered the respondent to establish schemes, make other provision for the settlement of persons on agricultural land and issue leases. But in Section 12 of the Act, the lawmaker, despite knowledge of the existence and power of the respondent, deliberately authorised the Head of State only to withdraw offer letters.”

Justice Mandeya added: “The court is convinced that the exclusion of the respondent was deliberate. It means that the respondent was not empowered to “retake possession of land” that he had offered to specific beneficiaries.

“Accordingly, the decision of the respondent to withdraw the offers of land made to applicants members dated December 8, 2016 is hereby set aside. The respondent is to bear applicant’s cost of suit.”

Tendai Rupapa Senior Court Reporter
An Islamic religious leader reportedly raped a 14-year-old congregant, saying she had to pay her father’s debt through being intimate with him.James Gande (31) is said to have raped the Grade Seven pupil at a mosque after threatening to stab her with a knife he was wielding.

Gande yesterday appeared before Ms Barbra Chimboza, charged with rape and was released on $100 bail, coupled with some conditions, among them reporting twice a week to the police and to surrender his passport. It was alleged that on March 25 in Waterfalls, the minor was leaving the mosque after attending afternoon prayers in the company of four friends.

When they were about to walk out of the premises, Gande, who was standing at the gate, reportedly asked her to remain.

The prosecutor Ms Linda Gadzikwa alleged that Gande lied to the victim that he wanted to give her a parcel for her father.

After ordering the minor’s friends to leave the premises, Gande allegedly took her to a guardroom behind the church.

While in the guardroom, he then told the minor that her father owed him something, which he did not disclose.

He further told the child that she was going to pay for her father’s debt in any way he pleases.

Gande, the court heard, pulled out a knife and threatened to stab the victim if she screamed and proceeded to rape her.

After the alleged sexual abuse, Gande told the victim to go home and ordered her not to tell anyone about what had transpired. As she was leaving, she then met a friend at the gate whom she told.

The victim’s friend indicated that they should report the matter to Gande’s wife, but on their way to his house they met him and he again pulled the same knife and threatened them. They then fled and went home.

The victim reported the matter to her family, prompting them to make a report to the police.

TWINE Phiri

Fungai Lupande Court Reporter
former Caps United owner Twine Phiri was yesterday sentenced to four months in prison for defaulting on close to $5 000 in maintenance fees.Harare magistrate Miss Joy Chikodzore suspended the sentence for five years on condition that he pays $500 and deposits $1 226 into his ex-wife Keresiya Phiri’s bank account.

It was alleged that Phiri paid $900 in January this year and defaulted January and February maintenance fees amounting to $4 926 as at February 28. The court was, however, told that Phiri (49) had already paid $3 200 towards settling his arrears. Two weeks ago, Phiri was sentenced to 10 months imprisonment by magistrate Mr Lazini Ncube on separate maintenance arrears of $24 000.

The sentence was wholly suspended on condition that he clears the arrears by May 30 this year. It was alleged that on February 27, 2014 and at Chitungwiza Civil Court, Phiri was ordered to pay maintenance fees of $2 913 per month for three children he fathered with Keresiya (42) with effect from March 31 that year.

It is alleged that the same court ordered him to buy uniforms twice a year for the three children and to cater for medical expenses when the need arises.

The court heard that Phiri only managed to pay $3 600 from April 2016 to November this year for maintenance, medical expenses and school uniforms. It is alleged that he was supposed to pay $24 280 for the same period.

The court heard that Phiri’s arrears are $20 680 as at November 30. He has two more pending maintenance cases.

Tendai Rupapa Senior Court Reporter
Six police officers yesterday appeared in court on allegations of assaulting a city businessman who owns commuter omnibuses after he filmed them beating one of his drivers.

The kombi owner, Mr Gift Muusha, sustained several injuries all over the body and was hospitalised, the court heard.

Mr Muusha was informed by one of his drivers that he had been arrested and he followed him to the Vehicle Inspection Department depot in Eastlea.

He saw the six accused persons assaulting the driver, before they turned on him, the State alleged.

The six officers— Munyaradzi Bvukumbwe (23), Vivian Kapaso (25), Herbert Tsiga (25), Erlswort Gazimbi (27), Nkululekani Daze (27) and Prize Mpofu (27) — are from the force’s traffic section.

They appeared before Ms Barbra Chimboza charged with assault and were released on free bail to April 11.

Prosecutor Mr Sebastian Mutizirwa alleged that the six police officers arrested the kombi driver and took him to VID Eastlea.

The court heard that Mr Muusha followed and saw the officers assaulting his driver and he started to record everything with his phone.

It is the State’s case that Bvukumbwe then hit Mr Muusha’s phone with a baton, forcing it to fall to the ground.

While he was trying to retrieve his phone, the police officers allegedly turned on him and assaulted him with batons all over his body.

They also clapped, punched and kicked him, the court heard.

Mr Muusha was hospitalised due to the injuries he sustained.

Bvukumbwe, who is said to have smashed Mr Muusha’s mobile phone, is facing an additional charge of malicious damage to property.

Daniel Nemukuyu Senior Court Reporter
A pastor who was recently expelled from the Apostolic Faith Mission in Zimbabwe (AFM) has taken the Pentecostal church to the High Court accusing it of violating his rights.

Pastor Chrispen Mazhange of Shekinah Assembly in Marondera claims that his rights were trampled upon by the church and that he must be reinstated.

In a court application filed at the High Court on Friday last week, Pastor Mazhange seeks an order nullifying the proceedings that led to his expulsion, arguing that the hearing was more of a “kangaroo court”.

Harare lawyer Mr Joshua Chirambwe of Lawman Chimuriwo Attorneys is acting for the man of the cloth.

In his founding affidavit, Pastor Mazhange stated that he had been pastoring at Shekinah Assembly since 2009 without any problems until last year where an assortment of allegations were levelled against him.

“In 2016, a plethora of unfounded allegations were levelled against him by the church board at provincial level,” said Mr Chirambwe. “These allegations led to a verbal invitation to attend a round table meeting chaired by the overseer for the province, Stanford Nyamande.”

Pastor Mazhange argued that he was not afforded a fair hearing.

“My plight is that I was not served with any allegations at provincial level and the hearing was characterised by verbal accusations and counter-accusations,” he said. “The provisions of the church constitution and regulations on hearings were not followed.”

Pastor Mazhange said he was not given an opportunity to defend himself.

“My side of the story was never considered as well and to my surprise, immediately after the hearing, I was advised that an erroneous letter had been transmitted to the national office indicating that no assembly in the province was ready to accept me as its pastor,” he said.

Pastor Mazhange argued that the facts of the letter were not correct.

He further argued that the church never served him with any determination after the “meeting-cum-disciplinary hearing”.

Pastor Mazhange contend that the he was not even aware of the actual charges he was facing when the hearing was conducted.

He said he was finally served with the allegations on February 14 this year, some two weeks after the “hearing”.

“I was left wondering why I was served with the allegations way after the hearing as I thought that matters of this nature had to follow proper procedure,” he said.

“I was also left wondering if these allegations had been drafted before or after the hearing. No decision was made although the provincial board went ahead to make public announcements that I was no longer a pastor at my assembly and barred me from conducting services.”

Pastor Mazhange also indicated in his papers that at one point he was forced to write a transfer letter.

Upon getting advice from fellow pastors and learning the consequences thereof, he wrote another letter rescinding the transfer request.

He claims that his rights to be heard, right to equal protection of the law, and right to fair labour practices were violated by the church.

AFM is yet to respond to the application.

Daniel Nemukuyu Senior Court Reporter
The landmark judgement that outlawed child marriages in Zimbabwe has earned the Constitutional Court an international award.

Acting Chief Justice Luke Malaba, sitting with eight other judges of the Constitutional Court last year, declared unconstitutional any unions involving children below 18 years.

The judgment in the famous case of “Mudzuru and Tsopodzi vs the Minister of Justice, Legal and Parliamentary Affairs and Others” was described by many as a judicial milestone.

It was celebrated worldwide and the Acting Chief Justice has travelled to Rwanda to receive the award on behalf of the apex court.

Women’s Link Worldwide, a Rwanda-based organisation, sponsored the award in recognition of the apex court’s landmark judgment.

Acting Chief Justice Malaba will receive the award during a five-day Colloquium on Women and Girls Rights to Good Health that is underway in Rwanda.

The Judicial Service Commission has issued a statement announcing the good news.

“The Acting Chief Justice is attending a Colloquium on Women and Girls Rights to Good Health, hosted by a Rwandese organisation called Women’s Link Worldwide,” said the JSC.

“While in Rwanda, the Acting Chief Justice will receive on behalf of the Constitutional Court, an award celebrating the Constitutional Court judgment in Mudzuru and Tsopodzi vs the Minister of Justice, Legal and Parliamentary Affairs and Others, Case number CCZ 12/15, which outlawed child marriages.”

After the colloquium, the Acting Chief Justice will proceed to Sudan for a conference for African Chief Justices.

“From 2 to 4 April 2017, the Acting Chief Justice shall be in Khartoum, Sudan, to attend the Chief Justices of Africa conference,” reads the state- ment.

In the landmark judgment, the Acting Chief Justice ruled that no child in Zimbabwe should marry before attaining 18 years.

He ruled that the supreme law of the country sets 18 years as the age of majority, hence no child should marry before that age.

He made the ruling in a matter in which two women – Ms Loveness Mudzuru and Ms Ruvimbo Tsopodzi – were challenging a section of the Marriages Act that allows children under 18 to marry.

Constitutional lawyer Mr Tendai Biti successfully argued the matter and convinced the court to strike down Section 22 of the Marriages Act (Chapter 5:11) which allowed child marriages.

The landmark judgment was delivered at a time African countries were in a quandary on how to stop child mar- riages.

Several workshops and conferences have been convened throughout the continent by organisations like SADC Parliamentary Forum to try and find solutions on how to save children from abusive and unconstitutional child mar- riages.

Some children have been victims of their parents’ religious beliefs that allow marriages at tender ages.

Others were even handed over to elder men as a form of traditional appeasement in cases such as murder or simply given away by poor families for financial or material benefits.

Wicknell Chivayo

Herald Reporter
Convicted businessman Wicknell Chivayo on Monday demanded to be served with summons which were recently filed at the High Court in a case he is being sued for $500 000 for injuria by The Sunday Mail Features and Opinions Editor, Garikai Mazara.

Writing through his lawyers, Mambosasa and Partners, Chivayo, who hurled explicit obscenities in WhatsApp messages to Mazara on February 20, demanded that the summons be served on him.

Responding to Chivayo, Mazara’s lawyer, Mr Tichawana Nyahuma of Sengwe Legal Law Chambers, said there was no time frame within which summons that had been filed with the High Court had to be given to the Sheriff to effect service on the defendant.

Mr Nyahuma explained the procedure to the convicted businessman, who once did time in jail for fraud, and the steps that summons go through, from filing to being served.

Garikai Mazara

Mazara is suing Chivayo for $500 000 for injuria arising from the said phone messages.

Mazara travelled to Gwanda to get an appreciation of progress on the $202 million solar project, whose tender was won by Chivayo in October 2015 under contentious circumstances.

When he came back from Gwanda, Mazara sent a set of questions to Chivayo seeking clarification on the progress of the pre-commencement works, for which Intratrek Zimbabwe -fronted by Chivayo – was advanced $5 million by the Zimbabwe Power Corporation in May last year.

Chivayo asked Mazara to write a favourable story and “come see me on Monday at my office”.

When the story was published on Sunday February 19 including his responses to the questions sent to him, Chivayo flew into a rage.

The following day he sent a flurry of insulting messages, some of them unprintable.

Senior Assistant Commissioner Charity Charamba

Meanwhile, Mazara has raised a complaint with the Zimbabwe Republic Police citing the sluggish pace at which his complaint against Chivayo over the same WhatsApp messages is being handled.

Mazara’s grievance is since reporting the matter at Harare Central Police Station on February 28, nothing has been done by the police up to now, despite repeated responses that the docket has been completed and was ready for prosecution. The case, recorded as CR2607/2/2017, is being handled by Assistant Inspector Mashinga.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba said: “Kindly note that your concerns have been referred to Officer Commanding Police Harare Province for his attention and action.”

Fungai Lupande Court Reporter
The owner of Charlie’s College in Budiriro 1, Harare, yesterday appeared in court accused of luring a 17-year-old student with $2 before taking her to a lodge where he raped her.

Bongani Charlie (44), who is also a teacher at the college, was remanded to April 24 on $100 bail.

He appeared before Harare magistrate Mrs Barbara Chimboza facing a rape charge.

Prosecutor Ms Linda Gadzikwa alleged that on March 25 this year, the teenager – who is a Form Four student – was passing by Charlie’s office.

He called her into his office.

It is alleged that Charlie gave the girl $2 and told her to wait for him at High Glen Shopping Centre to which she complied.

The court heard that later Charlie drove to the High Glen shops and picked up the teenager.

It is alleged that he went to a lodge in Waterfalls where he booked a room and allegedly raped her and later dropped her near her home.

The teenager opened up to her sister and the matter was reported to the police.

The complainant was examined at MSF Clinic.