Innocent Ruwende Senior Reporter
Harare City Council is set to demolish popular bar Paramount Signature in Hatfield which was built in a residential zone without council approval while its owner is facing a $5 000 fine or two years imprisonment for disobeying a demolition order.

The owner of the bar, one Mr O. Chikonyora, was served with a demolition order and ordered to demolish all structures, cease the use of the property for commercial purposes and restore the land to its original state but has not complied.

Director of Works Eng Phillip Pfukwa has since written to the officer-in-charge Hatfield Police Station informing him of council’s intentions to demolish the place.

“Please be advised that my Development Control Section will carry out enforcement action on Stand 119 Seke Road, Hatfield. The owner was served with an enforcement, prohibition and demolition orders to stop the illegal bar and demolish the illegal structures but has not complied,” reads the letter.

Council said the development carried out on the stand on Dunwondering Estate of Arlington was in contravention of the provisions of the Regional, Town and Country Planning Act, Chapter 29:12 Revised Edition 1996.

The Act does not allow erection and use of structures for commercial purposes on a residential stand.

“Whereas it appears expedient to the said Local Planning Authority having regard to the provisions of Waterfalls/Hatfield Local Development Plan No. 26, wherein stand in Dunwondering Estate of Arlington otherwise known as 119 Seke Road, Hatfield, is situated in a residential zone, wherein the erection and use of structures for a bar without council approval is prohibited in terms of the said Local Development Plan,” reads a letter written by council to Mr Chikonyora.

“Therefore take note that in terms of Section 35, you Mr O. Chikonyora being the owner of the said developments you are ordered to cease the use of the property for commercial purposes, demolish structures and restore the land to its original state.”

The city said the enforcement order shall have effect against subsequent development on land concerned and if any steps required by such order other than discontinuance of any use have not been taken it may authorise its employees to take necessary action and recover costs incurred from the owner of the land.

It said the owner will be liable to penalties including restoration of land at the expense of the owner and a fine up to $5 000 or two years’ imprisonment for non-compliance with the provisional order.

Provisions of Section 38 of the Regional, Town and Country Planning Act (Chapter 29:12) Revised Edition 1996 allow an aggrieved person to appeal to the Administrative Court within one month of the notice.

Tendai Rupapa Senior Court Reporter
A 44-year-old Harare man who raped his 12-year-old daughter while her hands were tied together at the back and her mouth gagged with a piece of cloth, was yesterday sentenced to an effective 14 years in jail.

The man and the complainant’s mother are divorced and he had been living with his daughter since she was a toddler.

Magistrate Mr Themba Kuwanda convicted him after a full trial.

Mr Kuwanda sentenced him to 18 years behind bars and set aside four years on condition of good behaviour leaving him with 14 years to serve in prison.

During trial, the court heard that the man connived with a neighbour to obtain a birth certificate for the victim after he divorced the mother.

The neighbour posed as the victim’s biological mother.

This came to light after the man denied the rape charges saying her daughter was fabricating the charges after he had reprimanded her for having a love affair with their neighbour’s son identified.

He said the neighbour had influenced her to make false allegations.

The neighbour, however, told prosecutor Mrs Vallery Ngoma that she had nothing to do with the police report and also dismissed the man’s claims that his son was having an affair with the victim.

She then revealed that there was no bad blood between her family and the man’s family, hence there was no way she could have caused his arrest.

To substantiate her claims that they were in good books with the man’s family, the woman revealed how she had helped the man obtain a birth certificate for the victim.

The court then requested that the birth certificate be brought to court and the man confirmed that the woman indeed posed as the victim’s mother for the purpose of registration.

The State proved that on February 2 at around 9pm, the complainant went to her bedroom to sleep.

She heard some movements in her blankets and when she woke up she was shocked to see her father stripping her.

The victim tried to scream but she failed since her mouth was stuffed with a piece of cloth.

She also failed to move away from him as her father had tied her hands together.

The man then raped his daughter and went to his bedroom without untying her, the court heard.

The man went back to the victim’s bedroom and untied her before ordering her not to report the matter to anyone.

The Grade Six pupil went to school at around 7am and wrote a letter chronicling how her father had sexually abused her.

She handed the letter to her class teacher who in turn alerted the school authorities.

A report was then made at Chinamhora Police Station.

Meanwhile, the trial date for the founder of By the Grace Ministries, Onbert Mapfumo, who was arrested for rape after a Tilda Moyo show on Star FM exposed him, has been set for May 9, writes Sheillah Mapani

Mapfumo (39) appeared before Harare magistrate Ms Barbara Chimboza on Wednesday, who set his trial date after the State indicated that investigations were complete.

He is accused of raping three female congregants at his prayer room in New Canaan, Highfield, Harare.

Prosecutor Ms Audrey Chogumaira alleged that on various occasions, Mapfumo summoned the three female congregants to the prayer room and took the complainants one by one into the room and prayed for them after assuring them he would deliver them from evil spirits.

He added that the intimacy would enable him to break the chains of poverty binding them.

The sex was non-consensual , the court heard.

 It is alleged that Mapfumo would strip the women and sprayed them with cooking oil, before having sex with them without their consent.

Daniel Nemukuyu Senior Court Reporter
High Court judge Justice Herbert Chitapi has taken a swipe at the National Prosecuting Authority for dereliction of duty, which has resulted in the collapse of murder and other serious criminal matters.

The courts end up freeing murder suspects because the NPA tended to sit on the matters until the expiry of the mandatory six months’ indictment period.

Procedurally, when the NPA is ready for trial, it has the responsibility to push for an indictment of murder suspects.

However, the prosecution in some of the cases, forgets about the indictment and relaxes until the lapse of the six months.

At times, the same office seeks postponements to the prejudice of the suspects.

In a classic case of negligence that invited Justice Chitapi’s wrath, the NPA woke up from slumber nine months after the lapse of the six months indictment in a serious double murder where a Marondera man axed his wife and son to death.

Charles Caleb Bonyongwe stands accused of murdering his wife and son in 2014.

Instead of re-indicting Bonyongwe, the NPA sought a postponement in a matter where indictment had expired.

Justice Chitapi blasted the NPA for negligence.

“The conduct of the prosecution cannot escape comment,” he said. “It shows a complete dereliction of duty. To allow an indictment in a serious case like this one, a double murder, to lapse is a sad occurrence. The NPA should not approach the discharge of its mandate in a perfunctory.”

The judge said the conduct of the State wasted the court’s time and resources.

“The conduct of the prosecution unfortunately did not only result in prejudice to the accused person, as he has not been tried within the lifespan of the indictment, but also to the administration of justice as well, since the court’s time has been wasted, including resources that are not easy to come by in these difficult economic times,” the judge said.

Justice Chitapi urged the NPA to put its house in order.

“It is hoped that the NPA pulls its socks up so that incidents of dereliction of duty as manifest in this case are not repeated,” he said.

The judge directed the Registrar of the High Court to serve the judgment on the Prosecutor-General to curb future cases of negligence.

“The court directs the Registrar to ensure that a copy of this judgement is delivered on the Prosecutor-General’s Office so that appropriate remedial measures are taken to ensure that indictments are not left to lapse and for matters lodged in the High Court to be properly monitored so that they are not forgotten and in any event, are disposed of with reasonable promptitude,” ruled Justice Chitapi.

In 2014, the State treated the same case in a suspicious manner during bail proceedings before another judge, Justice Joseph Musakwa.

The State consented to the release of the suspect on bail, but Justice Musakwa turned it down as he felt the consent was not proper.

The court heard that Bonyongwe, his wife Choice Mashonganyika, and their baby went to Avoncliff Farm to work in a tobacco field in January this year.

It is alleged that the two were later seen leaving the farm with Mashonganyika carrying their baby on her back, while Bonyongwe was holding an axe.

According to State papers, this was the last time Bonyongwe was seen together with his family.

Prosecutors claim that Bonyongwe struck his wife and child with an axe on their heads three times and twice respectively.

Cde Mguni

Herald Reporter
The Passenger Association of Zimbabwe (PAZ) and public transport operators have expressed concern over the use of spikes by traffic and municipal police which they said endangers the lives of passengers and other road users.

There have been cases this year in which the throwing of spikes by police manning roadblocks has resulted in accidents involving public vehicles attempting to evade arrest for traffic offences.

In a statement yesterday, PAZ president Mr Tafadzwa George Goliati said consultations with transport operators had revealed that most comuters and pedestrians were worried over the use of spikes.

“Our countrywide consultations have revealed that most people are worried by the continued and increased use of spikes by the ZRP and Municipal Police, to deflate the vehicle tyres of delinquent drivers, especially of kombis and pirate taxis.

“This method endangers the lives of passengers and other innocent road users and PAZ feels that these people should not be the collateral damage of the conflict between law enforcement agents and traffic offenders,” he said.

Mr Goliati said law enforcement agents should come up with other ways of bringing to book errant commuter omnibus drivers.

“In the past, iron spikes were used at roadblocks as a deterrent measure and were not mobile and handheld from place to place by traffic officers.

“The Passengers’ Association of Zimbabwe is against all forms of lawlessness, including the breaking of traffic regulations by kombi drivers and pirate taxis. However, we and other law-abiding citizens call upon law enforcement agents to consider the lives and well-being of road users,” he said.

Transport operators said police should take down the registration number of any kombi driven by a driver who breaks the law and make a follow-up rather than endanger the lives of innocent passengers on board.

On Wednesday, Home Affairs Deputy Minister Obendingwa Mguni said police officers should only use metal spikes to control traffic but not endanger motorists and passengers.

Responding to a question in the National Assembly over the use of spikes by police at roadblocks, Deputy Minister Mguni said law enforcement agents had a right to use spikes to control traffic.

Takudzwa Matambura Herald Reporter
A Harare man was arraigned before the courts accused of duping his employer of hardware worth $61 000 after misrepresenting that he had invoiced the sales, yet he had converted the money to his own use.

Stanley Mutetwa (34) pleaded not guilty to theft charges when he appeared before Mbare magistrate Mr Stanford Mambanje.

He was remanded in custody to today for trial.

The court heard that Mutetwa’s duties as a salesman at Chestlands Investments in Workington, Harare, were to account for stock and do over the counter sales after invoicing goods.

Prosecuting, Mr Tafara Chirambira alleged that during the period between January to February 2017, Chestlands Investments owner Mr Martin Manduna started observing some anomalies in the stock against sales made, and decided to investigate.

Following a tip-off from one of his workers, Mr Manduna conducted a stock- take and discovered a loss of $61 000.

Daniel Nemukuyu Senior Court Reporter
High Court judge Justice Jester Helena Charewa has taken her former employer, the Zimbabwe Human Rights Commission (ZHRC), to court, claiming outstanding salary and allowances to the tune of $34 196.

The judge worked as ZHRC executive secretary prior to her appointment to the bench. She joined the Commission in 2014 and during her time of employment with ZHRC, she was getting almost half of her actual monthly package.

On March 2 this year, Justice Charewa decided to issue summons after an unsuccessful attempt to recover the debt outside court.

She is claiming the $34 196 plus interest.

In the summons issued by Chinamasa, Mudimu and Maguranyanga Law Firm, Justice Charewa indicated that she was appointed as executive secretary for ZHRC on June 1, 2014.

It was agreed that she would get monthly allowances and salary totalling $5 094, but the Commission violated the agreement.

The Commission unilaterally paid Justice Charewa a total gross of $2 973 monthly, leaving a balance of $2 121.

Between July 2014 and September 2015, the debt ballooned to $34 196.

Justice Charewa made several demands for payment of the outstanding dues, but nothing materialised. According to the summons, ZHRC does not dispute the debt, but has neglected or failed to pay.

Justice Charewa confirmed that she also owes the Commission $2 410, being costs for the repair of her personal vehicle during her employment with ZHRC.

She indicated in the papers that the Commission can still deduct the $2 410 from her outstanding salary and allowances.

Justice Charewa is also a former deputy registrar of the African Court on Human and People’s Rights.

ZHRC was still to respond to the suit.

Fungai Lupande Court Reporter
An application for refusal of further remand by four men accused of plotting to bomb the First Family’s dairy farm in Mazowe has been turned down.

Harare magistrate Ms Barbara Chimboza postponed the matter to May 31 pending their indictment at the High Court, saying they faced a serious offence.

The four are Owen Kuchata, Borman Ngwenya, a soldier attached to military intelligence; Solomon Makumbe (29), also a Zimbabwe National Army corporal; and Silas Pfupa (37), an ex-soldier.

They are facing charges of treason.

Prosecutor Mr Sebastian Mutizirwa said he anticipated indictment of the suspects at the High Court.

He said he awaited a determination in the matter in which Makumbe and Pfupa referred their case to the Constitutional Court.

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 Prosecutor-General Johannes Tomana.

Makumbe and Pfupa are represented by Mrs Gamuchira Dzitiro, while Mr Exactly Mangezi represents Ngwenya, with Kuchata being a self actor.

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, last year, they allegedly proceeded to President Mugabe’s rural home in Zvimba on a reconnaissance mission to identify 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.

The police proceeded to the farm and laid an ambush about 100 metres from their target.

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

Takudzwa Matambura Herald Reporter
A Waterfalls man found out that he was not the biological father of the boy he has been calling his son for the past four years after DNA tests exposed the hoax.

This was revealed during a court session in which Nomsa Mapiye (36) is accusing her husband, Amon Mapiye (39), of pointing a firearm at her after he discovered that his presumed son was a product of Nomsa’s extra-marital affair.

Nomsa also confirmed in court that the child belonged to one Innocent Mutero.

Amon, who pleaded innocence, appeared before Mbare magistrate Ms Gladys Moyo yesterday facing charges under the Firearms Act.

In his defence through his legal team, Amon told the court that it was out of shame that Nomsa reported the matter to the police following DNA confirmation that she had committed adultery.

Allegations are that on February 17, Amon returned home in the evening and asked Nomsa if she had not received the message that she should leave their matrimonial home.

It is alleged that Amon proceeded to tell Nomsa that if she did not comply, she was eventually going to leave the house as a corpse.

The court heard that Amon verbally insulted Nomsa saying she was worse than the devil for making him raise a child who was not his and allegedly pointed the gun at Nomsa for about a minute before his uncle intervened.

The court heard that Amon returned to the room where he had taken the pistol while the Nomsa headed to Waterfalls Police Station to report the matter.

The Beretta pistol was produced in court as evidence.

Mr Lawrence Gangarahwe prosecuted.

Fidelis Munyoro Chief Court Reporter
The High Court has ruled that a local firm operating a bonded warehouse has no right to confiscate third parties’ goods over outstanding storage costs.

Amcotts Trading (Private) Ltd, which runs a bonded warehouse, had confiscated two Toyota Hilux Revo 2.8L double cabs belonging to the State (Agriculture, Mechanisation and Irrigation Development Ministry), over non-payment of $49 000 in storage fees.

Justice Owen Tagu recently granted an application by Peppy Motors (Private) Ltd seeking an order against Amcotts and Blackbox Investments (Private) Ltd for the release of the two vehicles.

Peppy Motors had a contract with Government to facilitate the purchase and importation of 10 vehicles at a cost of $480 000.

The firm then brought in 43 vehicles to be kept at Amcotts bonded warehouse, but accumulated storage costs from the bonding of all the vehicles.

As at November last year, Amcotts was owed $49 038 in storage fees.

After Peppy Motors failed to pay the outstanding storage costs, Amcotts held on to two vehicles as lien over its debt.

But Justice Tagu refused to accept Amcotts’ defence of lien over storage costs that arose from bonding the 43 vehicles.

“The amount does not refer to the two vehicles in question alone,” said Justice Tagu.

To make matters worse, said the judge, while the bonding costs were to be paid by Peppy Motors, the vehicles that had been confiscated by Amcotts belonged to a third party, which is Government.

“The respondents (Amcotts and Blackbox), in my view, cannot exercise a lien over property of third parties,” said Justice Tagu.

The two vehicles are not owned by the applicant (Peppy Motors), but by the Government of Zimbabwe.”

Justice Tagu said Peppy Motors was a mere agent through which the two vehicles were imported and cleared into Zimbabwe. The two companies, he said, could only exercise a lien over Peppy Motors’ property.

Mawadze and Mujaya Legal Practitioners acted for Peppy Motors, while Coghlan, Welsh and Guest argued the matter for Amcotts and Blackbox Investments.

Daniel Nemukuyu Senior Court Reporter
The Zimbabwe Republic Police High School has approached the Supreme Court challenging the High Court decision reinstating a schoolboy who was suspended on allegations of stealing a textbook.

The Form Four pupil was accused of stealing a textbook titled “The Uncertainty of Hope” and $21 from a fellow pupil.

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

The stolen book was later recovered from another pupil at the school, but the school head. Mr J.M. Chingonzoh, still sent the boy home.

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

He blasted Mr Chingonzoh for his high-handedness in suspending the boy on unproven allegations of theft.

Recently, the school and its headmaster filed a notice of appeal at the High Court seeking to quash the High Court decision.

The school argued that the High Court erred in various respects when it ordered the boy’s reinstatement.

“The court a quo misdirected itself and erred on a point of law by failing to appreciate the respondent ought to have exhausted internal remedies before approaching the court for an interdict,” argued the school in its appeal.

“The court a quo also erred and misdirected itself on a point of law by stopping an administrative process that was being done in terms of the law.”

The school argued that the court erred in finding the boy innocent when proper evidence had not been led to that effect.

“The court also erred by finding the respondent’s son to be innocent when no facts were placed before it to determine the innocence of the child,” reads the appeal papers.

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

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

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

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

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

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

Sheillah Mapani Herald Reporter
United Family International Church (UFIC) has been taken to the Harare Civil Court for alleged copyright infringement and refusing to pay a man $5 000.

The church, based along Fife Avenue, Harare, and represented by Pastor Lasten Taonezvi, appeared before Harare Civil Court magistrate Mr Brighton Pabwe who deferred the matter to a later date.

The court heard that sometime in November 2015, Anesu Mutodi – a graphic designer – communicated to Pastor Taonezvi that he had created a new set design which he believed would transform the UFI stage’s look and feel.

Mutodi told the court that Pastor Taonezvi requested him to send soft copies of three-dimensional designs.

He indicated to the pastor that he would need to have a non-disclosure agreement before he released his work.

The court was told that Pastor Taonezvi insisted that he sends the 3D design urgently as it needed to be approved before the cross-over night service scheduled for December 31 the same year.

Mutodi told the court that he obliged and availed his designs on flash disk to Pastor Taonezvi and waited for his approval.

It is alleged that the two agreed that Mutodi would be paid $5 000 if the design was approved.

Mutodi never got any feedback from the pastor.

He told the court that he was dismayed to discover that the defendant had proceeded to set up its stage for the Cross-over service according to his design without his authority.

However, despite demand for compensation by Mutodi, UFIC failed to compensate him for the unauthorised use of his intellectual property.

In UFIC’s defence, the pastor told the court that Mutodi only appropriated the copyrighted material he had worked on therefore weakening any prospects of success and questions the bona fides of his application.

Chief Supt Nyathi

Crime Reporter
There is an increase in the number of murder cases arising from family disputes, beer drinking quarrels and other criminal activities, police have said.

As such, police have warned members of the public to desist from carrying weapons such as iron bars, knives, machetes and axes that might be used to commit such crimes.

National police spokesperson Chief Superintendent Paul Nyathi said in a statement yesterday that police were on record as calling for members of the public to respect human life.

“The use of weapons such as iron bars, knives, machetes, axes and others to commit murder and robbery cases should stop forthwith,” he said. “The ZRP has stepped up efforts to ensure that community, church and traditional leaders play their part in curbing crime in the society.”

In one of the cases, Chief Supt Nyathi said early last Monday, a 38-year-old Macheke man killed his wife following a misunderstanding over allegations of infidelity.

“The dispute degenerated into violence, leading to the assault of the woman by the husband who used an iron bar to strike her dead,” he said. “The accused person fled the scene and is currently at large.”

In another incident, a Gutu man stabbed to death another following an argument over beer on Monday night last week.

Chief Supt Nyathi said the now deceased, aged 41, from Zinhata Village under Chief Chiwara was drinking beer at Musakaruka Store when the suspect arrived and took his beer and started drinking it without his consent.

A misunderstanding arose between the two and they started fighting before other patrons restrained them.

“It is suspected that the suspect later waylaid the now deceased while he was on his way home and stabbed him with a sharp object on the left armpit, leading to his death,” Chief Supt Nyathi said.

In Chipinge, a 21-year-old man was arrested after he stabbed his father to death following a misunderstanding.

The father, aged 51, died on arrival at Muteyo Clinic.

A Glen Norah woman is also assisting police with investigations after she reportedly fatally stabbed her husband following an argument at the weekend.

“In order to curtail the wanton use of weapons to commit crime, the ZRP will with immediate effect prohibit the carrying of dangerous weapons as outlined in the Public Order and Security Act; Chapter 11:17,” said Chief Supt Nyathi.

“Stop and searches, blitz, patrols, surveillance and raids will be intensified, anyone found carrying offensive weapons will be dealt with in terms of the law.”

Chief Supt Nyathi said in this regard, officers commanding police districts have been directed to invoke their powers as regulating authorities in their areas of responsibility in terms of POSA, in order to curb murder cases.

Walter Nyamukondiwa Chinhoyi Bureau
Chinhoyi deputy mayor Councillor Derrick Matapure has come under fire for assaulting a hapless man in a video that has gone viral on social media.

Clr Matapure admitted he had a confrontation with the man, but dismissed the video as doctored, as some incidents were edited out.

The video of the heavily-built Clr Matapure charging menacingly and manhandling Mr Edsome Makiwa Gapare has gone viral on social media, drawing widespread condemnation for “dishonourable” behaviour.

In the video, Clr Matapure, who is also ZIFA Mashonaland West chairman, threatens to kill Mr Gapare if he does not honour his debt obligations.

Despite pleas for more time to settle the amount owed on grounds that he did not have money at the time, Clr Matapure insisted that he wanted his money on the spot.

In an interview, Mr Gapare said after the ordeal with his long-time friend, he reported the matter at Chinhoyi Central Police Station.

While making his report, Clr Matapure reportedly came in, claiming he had been assaulted by Mr Gapare.

‘’I was the one facing allegations of assault and my report was only recorded after about three days,’’ said Mr Gapare.

Tables turned and I was the one being accused of assaulting Matapure.

Mr Gapare, who owns a hardware store, said Clr Matapure went on to confiscate 11 doors from the shop.

Clr Matapure’s female companion then filed a charge of theft, claiming Mr Gapare owed her $460 from a botched joint venture deal.

‘’I went to follow up on my case at Chemagamba Police Station only to be told that I am a wanted man and I was detained for about 10 hours,’’ said Mr Ga- pare.

Clr Matapure has since returned the 11 doors.

He said contrary to claims that Mr Gapare owed him $20 as balance from $260, the man owed him $460.

“If he owed me only $20, what would have been the reason for me to take 11 doors? The simple truth is that he said I should come and get the doors to settle the $460 he owed me.’’

Clr Matapure said he had invested the $460 so that they could split profits from the sale of the doors.

He said the video doing rounds on social media was doctored and does not reflect what transpired on the day.

He accused Mr Gapare of assaulting him and said he had a medical affidavit from a doctor confirming the injuries he suffered.

Chinhoyi Mayor Mr Test Michaels said the council could not take any action until Clr Matapure was found guilty by the courts.

Fungai Lupande Court Reporter
A Harare man allegedly lost $6 000 meant for school fees to the managing director of Birmington Enterprises after making a bank transfer in anticipation of hard cash.

Edson Chivasa (48) appeared before Harare magistrate Ms Barbara Chimboza on Monday facing charges of fraud and was remanded to May 3 on $100 bail.

As part of his bail conditions, Chivasa was ordered to report every Friday at CID Commercial Crimes Division and to reside at No. 13 Macmillan Road, Bellevue, Bulawayo.

Prosecuting, Ms Audrey Chogumaira alleged that in January this year, Paul Smith was looking for cash to pay school fees for his children.

He was referred to Chivasa by a workmate who has known him for years.

It is alleged that on January 16, Smith contacted Chivasa who told him that he had $6 000 cash at his house and was able to assist him.

The court heard that the pair agreed that Smith would transfer $6 000 into Chivasa’s bank account in exchange for the hard cash.

Two days later, Smith made an online transfer of the money into Chivasa’s Stanbic Bank account.

It is alleged that Chivasa acknowledged receipt of the money and promised to hand over the cash the following day.

Chivasa allegedly became evasive, prompting Smith to report the matter to police.

Herald Reporter
Police in Kadoma have arrested three suspected armed robbers who raped and robbed women in Mashonaland West province.

The suspects (names withheld) were arrested last week.

Sources close to the investigations yesterday said the police had so far cleared 19 cases of rape and robbery committed in Kadoma and Chegutu.

They were targeting mostly women whom they robbed of cash, cellphones and valuables, before raping them.

This came as cases of robbery are reported to be on the increase in the country.

The robbers target homes and businesses, especially those that keep large sums of money at their premises.

In January, police arrested three armed robbers in Mashonaland West who operated along the Harare-Chirundu Highway and Chegutu-Chinhoyi Road.

They managed to clear eight robbery cases after arresting the trio.

Fungai Lupande Court Reporter
Three companies that deal in building materials have appeared in court accused of harvesting cash and not banking it.

The three – Take and Tile (Pvt) Ltd trading as Bathroon Boutique, Candover trading as the Builders Home and Stochack trading as Eurostar Electrical Company Limited -appeared before Harare magistrate Mr Lazini Ncube for violating the Reserve Bank of Zimbabwe regulations.

They are alleged to have committed the offence since July last year.

The companies were represented by their managers – Faith Chumbu, Charles Mutseka and Paul Muyengi – respectively.

Prosecutor Mr Michael Reza said only the companies were being charged.

He said in his view companies were not legal persons.

“There was a human element that made the conscious decision of not banking the companies’ daily proceeds,” said Mr Reza. “There is need for the human being to come and explain why they made a decision not to comply with RBZ regulation that money should be banked into a financial institution.”

Mr Ncube postponed the matters to March 19, 20 and 24 for trial.

The companies’ representatives had already pleaded guilty to contravening the Bank Use Promotion Act.

Mr Reza told the court that Bathroom Boutique and Builders Home are in the business of selling building material, while Stochack sells electrical gadgets on a cash basis.

The court heard that on July 17, 2016 Bathroom Boutique was served with a disclosure order by a representative of the RBZ, Mr Tongesayi Murape.

The order required the companies to submit returns cash sales and deposits on daily basis as provided by the RBZ Act.

Its director, Mr Petker, acknowledged receipt of the order and signed it.

It is alleged that Builders Home received the order on January 14 this year and its director, Mr Shi Haiyan, signed for it.

At Stochack, bookkeeper Adele Gous signed the order on June 30, 2016.

It is alleged that after being served with the orders none of the companies submitted returns to RBZ as required by the Act.

Fungai Lupande Court Reporter
A reveller was punched to death in a nightclub at Machipisa, Harare, in a drunken brawl, on January 17 last year.

His assailant was sentenced to an effective six years in jail yesterday.

Collen Ben (32) pleaded not guilty to culpable homicide, but was convicted after a full trial.

Harare regional magistrate Mr Elijah Makomo sentenced Ben to eight years before setting aside two years for five years on condition of good behaviour.

In his defence, Ben told the court that he punched the now deceased, Surerance Mhembwe, once in the face in self-defence.

“On January 17 last year, I was drinking beer together with my friends at Joy Club in Machipisa when two ladies started fighting,” said Ben. “I went to restrain the ladies and the now deceased was not happy and started attacking me.

“I punched him once in the face in self-defence and he fell down. I suffered injuries and lost a tooth during the fracas.”

On the other hand, the court heard that on January 17, 2016 around 2am Mhembwe (32) was drinking beer in the company of a friend when two ladies started fighting.

Mhembwe’s friend, Edwin Gutsa, went to restrain the women and Ben expressed his displeasure and a misunderstanding ensued.

Mhembwe intervened and Ben punched him once on the face and he fell on his back.

He sustained a cut at the back of his head and started bleeding profusely from the nose and mouth.

The matter was reported to the police before Mhembwe was referred to Harare Central Hospital where he died while awaiting an ambulance to take him to Parirenyatwa Hospital for further examination.

A post-mortem revealed that Mhembwe died due to blunt force head trauma.

Cuthbert Dube

Fidelis Munyoro Chief Court Reporter
Former Premier Service Medical Aid Society (PSMAS) chief executive Dr Cuthbert Dube is seeking leave to appeal the Labour Court ruling that reversed a $3,5 million arbitral award he had won.

Dr Dube won a $3,5 million arbitral award against the medical aid society in a contractual dispute in April 2015.

The award granted to Dr Dube by arbitrator Mr Don Moyo entitled him to a monthly salary and benefits backdated to January 2014.

But the Labour Court overturned the arbitration award after Justice Euna Makamure, sitting with Justice Betty Chidziva, granted the appeal by PSMAS and its subsidiary, Premier Service Medical Investments.

Dr Dube’s lawyer, Mr Jonathan Samukange, told The Herald on Monday that leave to appeal the Labour Court decision has since been filed.

“We are waiting for the matter to be set down for hearing our application for leave to appeal,” he said.

Dr Dube got the windfall in two arbitral awards, one against PSMI for $2 070 000 and the other against PSMAS for $1 380 000, bringing his total claims to $3 450 000.

But Dr Dube’s hopes for the rich pickings were damned after the Labour Court recently set aside the two arbitral awards.

Dr Dube was fired in January 2014 for awarding himself a hefty salary of $92 000, excluding other benefits from the group and another $43 000 plus benefits from PSMI.

After getting paid his allowances by both entities, Dr Dube would take home as much as $500 000 per month.

The two appeals were dealt with in one hearing because PSMAS and PMSI are closely related and the grounds of appeal were largely similar.

Since Dr Dube had reached retirement age contract negotiations reached a stalemate, prompting the matter to be referred for arbitration.

Hubert Nyanhongo

From Abel Zhakata in Mutare
Zanu-PF Nyanga North legislator Hubert Nyanhongo and his three accomplices were remanded in custody by a Chipinge magistrate on Monday on charges of possessing a pangolin, which they attempted to sell.

The quartet was charged with dealing in specially-protected animals after the live pangolin was recovered in Nyanhongo’s Jeep Cherokee Sport Utility Vehicle.

The lawmaker, who is former Deputy Minister of Energy and Power Development, and his alleged accomplices, were placed in remand prison after the lower court advised them to apply for bail at the High Court since they were facing a Third Schedule offence.

Nyanhongo (60) was on Saturday arrested by officials from the Zimbabwe Parks and Wildlife Management Authority at Birchenough following a tip-off by a Save Conservancy worker who disguised himself as a potential buyer of the endangered animal.

The suspects, who included Samuel Samson (42), Misheck Satuku (47) and Positive Mutenda (29), appeared before Mr Noah Gwatidzo on Monday and were remanded in custody to April 20.

They were charged with contravening Section 45 (1) of the Parks and Wildlife Act (Chapter 20:14) as read with Section 128 of General Amendment No. 5.

pangolin

Public prosecutor Mr Last Goredema told the court that on April 1 at around 4:45pm, the Save Conservancy worker, Samuel Gona, phoned Samson, who is the MP’s driver that they should meet at Birchenough Bridge.

“Upon arrival at Birchenough Bridge, the four accused persons who were driving a Jeep Cherokee (AEC4769) picked up Gona and drove away from the business centre,” said Mr Goredema. “After negotiations, Gona agreed to buy the pangolin for $5 000.”

After agreeing on the price, Gona told the suspects that he did not have the cash on him and asked them to drive back to the business centre to pick up the money.

They then drove to the business centre intending to collect the money, but Gona led them straight into the hands of Parks and Wildlife rangers.

Following their arrest, a search was conducted in the vehicle and the live pangolin was recovered in a sack on the back seat.

One of the suspects, only identified as Kapenzi, bolted from the scene and is yet to be accounted for.

The suspects were taken to Birchenough Bridge Police Post.

Daniel Nemukuyu Senior Court Reporter
The High Court has quashed a six-year jail term imposed on a Mutare man after establishing that the presiding magistrate erroneously found him guilty of culpable homicide.

Chengetai Kamba was jailed for negligently causing the death of a neighbour.

On review, High Court judge Justice Felistus Chatukuta found that Kamba killed the neighbour in self-defence.

On that basis, the judge set the sentence aside.

“The accused pleaded guilty without realising that he had the defence of self-defence available,” he said. “In light of the above, the conviction is unsafe and should be quashed.

“I have caused the issuance of a warrant for the immediate release of the accused. In the result, it is ordered that the conviction be and is hereby quashed.”

Justice Joseph Musakwa agreed with the findings of Justice Chatukuta in the matter.

The High Court also found that Kamba’s level of education at the time the offence was committed was very low and that it was highly probable that he could have just pleaded guilty without fully appreciating the court proceedings.

“The accused in the present matter is a youthful offender, only 22 years of age at the time of prosecution,” he said. “He submitted in mitigation that he was in Grade Seven (7) when he was arrested (despite being 22-years-old).

“Given this background, he is unlikely to have appreciated the proceedings, let alone that he had a possible defence.”

The magistrate, according to the Justice Chatukuta, erred in not considering a complete defence available to Kamba in the circumstances.

“While accepting that the deceased was the aggressor and had pursued the accused to the end, the trial magistrate did not consider that the accused might have acted in self-defence,” he said.

“Had he done so, he might not have convicted the accused as self-defence can in certain circumstances amount to a complete defence.

“Circumstances of this case begged for the trial magistrate to assist the accused who was unrepresented as the facts do not preclude self-defence.”

Facts were that Kamba had an altercation with Tirivangani Sigauke and the neighbour chipped in, in a bid to assist in resolving the dispute.

The neighbour failed to resolve the dispute and ended up joining Sigauke in attacking Kamba, who threw stones at the duo in self-defence.

Kamba later fled the scene and sought refuge at a nearby homestead where there was no one and the duo followed him.

Realising that he was being overpowered, Kamba drew out a knife and fatally stabbed the neighbour on the chest.