Crime Reporter—
Zimbabwe Republic Police commanders have been challenged to ensure that all their officers are fit and prepared for next year’s harmonised elections, among other major events. Police Acting Commissioner-General Levie Sibanda, who is the Deputy Commissioner-General responsible for human resources, said healthy officers were always prepared for any major events.

He was speaking at the closing ceremony of the 14th edition of the Commissioner-General of Police Sports Gala held in Harare recently.

“May I take this opportunity to implore all police commanders to ensure that all our police officers keep fit. A sporting and agile body will ensure that we are mentally and physically prepared for the 2018 harmonised elections or any other major event in the country,” Deputy Comm-Gen Sibanda said.

“Cognisant of the importance of promoting a fit mind and a healthy body of its members, the ZRP organisation has made sure that its annual sporting calendar covers various activities so that no one is left out in its quest to strengthen physical, spiritual and moral fitness.”

Deputy Comm-Gen Sibanda said the continued growth of various sporting activities over the years had made them proud.

“It is no surprise therefore that the organisation continues to be a torch- bearer in regional police games under the banner of SARPCCO and has won numerous accolades at this biennal event. This is really a commendable feat,” he said

He said the good conduct that was exhibited during the recent gala was praiseworthy since discipline remained the cornerstone of the police.

Chairperson of the ZRP sports association, Commissioner Mekia Tanyanyiwa applauded Commissioner-General Augustine Chihuri and his deputies for the unwavering support to sports.

He thanked sponsors for their continued support, not only in sports but also in joining hands with the police in the promotion of a crime-free society.

Tendai Rupapa Senior Court Reporter
Kidnapping two toddlers in church with the intention of making money out of them in South Africa has landed a Chitungwiza woman in prison after she was intercepted at a local bus terminus. Jane Ngwerume (18) abducted the two minors from church while congregants were immersed in prayer. She ran out of luck when some congregants who were now looking for the missing children spotted them while boarding a bus out of the satellite town.

Ngwerume recently appeared before Chitungwiza magistrate Mr Francis Mapfumo facing two counts of kidnapping or alternatively unlawful detention.

She pleaded guilty to the charges and both counts were treated as one for the purposes of sentence.

Mr Mapfumo slapped her with five years’ imprisonment of which one year was suspended for five years on condition she did not within that period commit any offence of a similar nature for which, if convicted, she would be jailed without the option of a fine.

When asked by Mr Mapfumo why she stole the children, Ngwerume said she had been sent by a man only identified as Tinashe who lives in Mufakose.

She said Tinashe had told her there were businesspeople in South Africa who wanted toddlers for ritual purposes.

She further told the court that it was Tinashe who was going to take the children to South Africa and would be given her share of the proceeds.

According to the State case, on April 2 this year at around 10am, Jennifer Chakadya and Tandadzai Chindindi went to Publicity Hall in Zengeza 4 for their traditional Sunday church service.

Chakadya was accompanied by her three-year-old son, while Chindindi was with her daughter, also aged three.

Ngwerume attended the service although she was not a member of the church in question.

The children were playing while the rest of the congregation was immersed in prayer.

Ngwerume was closely monitoring the two toddlers movements while sitting next to them.

On noticing that the worshippers were deeply engrossed in prayer, she lured the children outside.

She then kidnapped them and left the church premises.

It was only after the prayer session that Chakadya and Chindindi discovered that their children were missing.

They went around the church looking for them, but failed to locate them.

The two women then alerted other church members and they rushed to the police station to make a report.

On their way to the police station, the congregants spotted Ngwerume in the company of the two toddlers before she could board a commuter omnibus.

When Ngwerume saw many people running towards her, she tried to escape with the kids, but was apprehended.

She was taken to the police and was detained.

Freeman Razemba Crime Reporter
TEN armed robbers attacked 23 congregants after raiding their churches in Bindura and Marondera in two separate incidents and got away with $5 000 cash and other valuables, it has been learnt. In a statement, police national spokesperson Chief Superintendent Paul Nyathi said police were disturbed with the robberies. “The robbers are attacking congregants during late night crusades and also targeting pastors,” he said.

“One such case occurred on 18th April, 2017 at around 0200 hours in Bindura where six unknown men attacked 13 congregants with iron bars and stole $357 and various cellphones. Total value stolen is $10 680.”

Chief Supt Nyathi said on the same date at around 10pm in Marondera, four armed robbers attacked 10 people who were at a church premises.

He said the four robbers forced open the pastor’s door and tied up the occupants of the house.

“They blew up two safes and stole $4 160 cash,” said Chief Supt Nyathi. “They went on to ransack the premises and took away various cellphones. The value of the property stolen is $4 350.”

Chief Supt Nyathi warned people against keeping large amounts of money at their homes, churches and business premises, as they were likely to fall prey to armed robbers.

“Members of the public should seriously take heed of police messages to immediately bank all large sums of money being kept at business and residential premises,” he said.

“This is for their own safety. Churches should also step up security measures at premises and avoid late night gatherings, which are attracting criminals.”

Chief Supt Nyathi said members of the public who have information that might assist them in tracking down the armed robbers should contact any nearest police station or the National Complaints Desk on (04) 703631.

Church robberies are, however, not new.

In November 2014, three robbers broke into the Glen Norah B branch of Glad Tidings Church and stole a safe containing $30 000. They are now behind bars.

A ZAOGA church in Vengere high-density suburb of Rusape lost $1 200 to five robbers the same year.

In December 2013, a robber pounced on Methodist Church members at Mupandawana Growth Point, Gutu, and relieved them of their mobile phones and cash.

The robber had sneaked into the church through a broken window.

Sheillah Mapani Herald Reporter
A Glad Tidings Church administrator is suing a Harare man for $9 800 for allegedly having an adulterous affair with his wife. Clive Shamu appeared before Harare Civil Court magistrate Mr Trevor Nyatsanza who deferred the matter to July 3. He is accused of entering into an adulterous affair with Blessing Shumbamhini’s wife, Eddah, in the full knowledge that she was married.

The court heard that Blessing and Eddah entered into a customary law union and subsequently contracted a civil union in terms of the Marriage Act Chapter (5:11) on April 16, 2005.

The marriage still subsists pending finalisation of divorce proceedings before the High Court.

Blessing told the court that sometime in 2008 he noticed his wife had become discordant, distant and generally unaffectionate towards him, contrary to the blissful early days of their marriage which were characterised by compassion, warmth, love and deep affec- tion.

Subsequent inquiries revealed that his wife was having an affair with her Air Zimbabwe workmate, Shamu.

He made several pleas to Shamu to terminate “this abhorrent affair, but he maintained the same from 2008 up to 2012 when Blessing interrogated his wife and she confessed”, the court heard.

It is alleged that Eddah duly acknowledged the existence of the adulterous affair with Shamu and further indicated that it had started as a friendship, but had blossomed into an extra-marital affair before “further progressing to the engagement of sexual intercourse over a period of five years at various rendezvous, including lodges and motels”.

“I have borne the full wrath of an emotional and psychological turbulent period to the extent that I have become disillusioned with life and constantly depressed at the thought of Shamu having sexual intercourse with my wife,” Blessing told the court.

“Worse still, there is the attendant risk and exposure of rampant sexually transmitted diseases and HIV and Aids.”

Blessing then claimed $9 800 as damages against Shamu, broken down as follows: $5 000 as compensation for contumelia and $4 800 as loss of consortium (loss of comfort, companionship services of the spouse).

Daniel Nemukuyu Senior Court Reporter
Mutare businessman Mr Newman Chiadzwa is challenging his eviction from his business premises at Zengeni Business Centre near Chiadzwa diamond fields and the takeover of the premises by Government. Chiadzwa claims he was leasing his immovable property to Mbada Diamonds, who used it as a staff clinic, before the building fell vacant in 2015 when the mining firm was chased away.

When Mbada Diamonds left, Mr Chiadzwa took over his property and started renovations.

While renovating the property, his staff were evicted by the Sheriff of the High Court and the police to pave way for the new Government mining concern, Zimbabwe Consolidated Diamond Company.

Mr Chiadzwa argued that he was evicted without any court order and that his property rights were violated in the process.

To that end, Mr Chiadzwa, through his lawyer Mr Tonderai Bhatasara of Mupanga Bhatasara Attorneys, filed an urgent chamber application seeking restoration of his control and ownership of the property.

In the urgent chamber application filed at the High Court, the Sheriff of the High Court, Zimbabwe Consolidated Diamond Company, Minister of Home Affairs, the Commissioner-General of Police and Mbada Diamonds were listed as respondents.

Mr Chiadzwa, in his founding affidavit, argued that the actions of the police and the Sheriff were unlawful and that they amounted to spoliation.

“The applicant was in undisturbed and peaceful possession of the premises and the movable property that he was forcibly removed from, read the court paper.

“The actions of first to fourth respondents amount to spoliation. It is illegal. The actions of the respondents were not sanctioned by any court order or lawful authority.”

The eviction and dispossession, according to the court papers, was done using intimidation and excessive force.

Even if there was a court order, Mr Chiadzwa argued, he was never party to any court proceedings. Mr Chiadzwa argued that the respondents violated sections 52, 57, 68, 71 and 74 of the Constitution of Zimbabwe through their actions.

Daniel Nemukuyu Senior Court Reporter
GREEN Fuel Private Limited has been taken to the High Court for failure to pay $3 million in electricity bills. Zimbabwe Electricity Transmission and Distribution Company (ZETDC), a subsidiary of ZESA Holdings, supplied electrical power to the fuel company’s ethanol plant in Chisumbanje and the bill ballooned to $2 940 298. The power utility, through its lawyers Masawi and Partners, has issued summons at the High court claiming the outstanding payment with interest.

In the plaintiff’s declaration, in 2012 ZETDC and Green Fuel entered a power purchasing agreement.

As part of the agreement, ZETDC supplied power at Green Fuel’s plant at Chisumbanje under account number 1974939.

In return, Green Fuel had an obligation to pay for the electricity as bills came.

ZETDC played its part, but Green Fuel failed to pay.

The company is yet to file its response to the claim.

Fungai Lupande Court Reporter
A second freedom bid by #ThisFlag Campaign leader Evan Mawarire was yesterday thrown out by a Harare magistrate. The self-proclaimed pastor is accused of subverting a constitutionally-elected Government or alternatively inciting public violence. In dismissing the application, Harare magistrate Ms Barbara Chimboza said the State had made progress in the matter.

“Reasons advanced by State cannot be said to be unreasonable,” she said. “The accused is facing a serious offence and State has made progress towards indicting the accused.”

Mawarire’s lawyer Mr Harrison Nkomo vowed to make another application for refusal of further remand should the State fail to provide a trial date on the next remand date.

Ms Chimboza remanded the matter to May 4.

During his initial appearance, Mawarire unsuccessfully challenged his placement on remand.

The prosecutor Mr Sebastian Mutizirwa alleged that between July 13 and December last year, Mawarire went to print and electronic media inciting Zimbabweans to revolt against the constitutionally-elected Government.

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

It is alleged that he continued circulating videos on social media platforms inciting people to stage demonstrations.

It is further alleged that on September 15, 2016, Mawarire further called for Zimbabweans in the United States and all over the world to converge in New York and confront President Mugabe, who was attending the United Nations General Assembly.

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

Crime Reporter
FIVE Zimbabwean robbers who allegedly raided a jewellery store at a Johannesburg mall and stole ornaments worth thousands of rands have been arrested. The five were arrested by the South Africa Police Service (SAPS) in Gauteng on Sunday. The Gauteng provincial Commissioner of Police, Lieutenant-General Deliwe de Lange said she welcomed the swift arrest of the five suspects following the robbery, as police in Gauteng declared war on a trio of crimes – business robbery, house robbery and hijacking.

Lt-Gen De Lange commended and thanked SAPS members for their hard work and concerted effort in fighting the trio crimes.

South Africa’s Minister of Police Mr Fikile Mbalula also announced the arrest through micro-blogging site Twitter.

“We have arrested five Zimbabweans in connection with Hyde Park Robbery #WanyaTsotsi,” reads his post.

The minister did not provide further details.

In a statement SAPS said: “An intelligence-driven operation by the SAPS Provincial Trio Task Team in Gauteng led to the swift arrest of five male suspects whose ages range from 23 to 36.

“On Thursday, 13 April 2017 at Hyde Park shopping centre, a group of armed men allegedly stormed a jewellery store and made off with jewellery worth thousands of rands. No one was injured during the robbery.”

Fungai Lupande Court Reporter
A Harare couple allegedly murdered a Grade One pupil, gouged out his eyes and cut out his intestines in a suspected ritual murder.

The pair, Casper Sarande (44) and Dephine Chaitwa appeared before Harare magistrate Ms Barbara Chimboza facing murder.

They were remanded in custody. They are represented by lawyer Mr Tawanda Takaindisa.

The prosecutor Mr Sebastian Mutizirwa alleged that on April 4, this year the minor Perfect Hanyani was kidnapped while coming from Porta Primary School.

The court heard that witnesses saw a strange woman walking with Perfect at Porta compound before he went missing.

It is alleged that on April 13, Perfect’s body was found in a pond at Gwanzura Farm, Msengezi in Chegutu.

Near his body was a black wallet containing Sarande’s particulars.

Among the particulars was a passport size photo similar to his profile picture on Facebook.

It is alleged that Sarande implicated Chaitwa saying she was the one in possession of his particulars.

He said that he once had an affair with Chaitwa and she confiscated his particulars following a misunderstanding.

Fungai Lupande Court Reporter
Conning accommodation seekers has landed a bogus female estate agent in prison for the next two years.

Ruvimbo Mitchel Tserai (27), who used different names, pleaded guilty to four counts of fraud when she appeared before Harare magistrate Mr Lanzini Ncube last Friday.

She used the names — Ngirozi Events, Mitchel Rue, Runako Reinventing Beauty and Juliet Matiza on Facebook.

She will serve 18 months in prison after Harare magistrate Mr Ncube suspended six months on condition that she restitutes two complainants by May 12 this year.

Tserai advertised and rented an already occupied house to multiple people.

She is performing community service at a school in Waterfalls for convictions of the same nature.

In mitigation, Tserai pleaded with Mr Ncube against a custodial sentence saying she was ready to reform.

“I committed the offences at the same time its only that the complainants reported at different times,” she said.

“I want to finish my community service for my first offences and I am willing to do good with the complainants. I want to pay them back,” she said.

The prosecutor Ms Francesca Mukumbiri had no kind words for Tserai. She urged the court to incarcerate Tserai because she is a stain in society.

“She was known as Ruvimbo Tatira and alleged that she was 31- years-old, but now she changed. Criminality is in her genes and she is a dangerous woman,” said Mukumbiri.

Tserai advertised a property in Mabelreign on her Facebook account fully aware that the property was occupied.

Paidamoyo Chipunza Senior Health Reporter
Scores of nurses in and around Harare have lost their hard earned cash in the past weeks to fake employment agents after being promised lucrative salaries and other benefits, The Herald has learned.

The con artists approach health institutions requesting names and contacts of all their former students who are unemployed before offering them lucrative offers.

For quick processing of their paperwork, the fraudsters also ask the prospective nurses to deposit a fee of between $150 and $300 to an EcoCash account number 0775429995 registered in the name of Japhet Nhekairo.

One of the nurses who fell prey to the fake agents said she received a call from a person posing as Dr Nhekairo sometime last week purporting to be recruiting nurses for Karanda Mission Hospital.

“He said the hospital was offering a starting salary of $1 400, transport allowance of $300, a three bedroomed house, among other benefits,” said the nurse who spoke on condition of anonymity.

He said they submitted their personal details hoping to get the job opportunity.

“But he later called saying there were interviews set to be conducted and for us to skip that process we should pay $300 into his EcoCash account number 0775 429 995.

“We were 13 of us and some made their payments to the account.”

The nurse said upon follow up on additional details pertaining assumption of duty, Dr Nhekairo was nowhere to be found.

Contacted for comment, Karanda Mission Hospital said it does not recruit nurses outside the structures of the Health Services Board.

It also denied any relationship with Dr Nhekairo.

“Karanda Hospital does not recruit health workers independent of HSB,” said the hospital in a statement.

“We do not have a doctor that has been tasked to recruit nurses on behalf of Karanda Hospital and we do not have a doctor by that name (Dr Nhekairo).”

The HSB warned prospective nurses to be wary of fake recruitment agents on the prawl, saying it was the sole recruitment agency in the public health sector.

“It has come to the attention of the Board and the Ministry that there are people who are masquerading as recruitment agents for health workers,” the HSB said.

“We would, therefore, like to advise the public that the Board and the Ministry remain the sole recruiting authorities for public health workers at no fee.

“Prospective health workers should, therefore, not pay to be employed in the public health sector.”

Fungai Lupande Report Reporter
CMED (Pvt) Ltd board chairman and Nemchen (Pvt) Ltd managing director Mr Leslie John Denn, who was found dead with a bullet wound in his house in Borrowdale, Harare last year was shot from behind, a police officer has said.

The investigating officer, Knowledge Duri, whose title was not disclosed, told an inquest at the Harare Magistrates Court that there was no possibility that Mr Denn committed suicide.

Initial reports said Mr Denn shot himself on the upper torso in May last year in unclear circumstances and his body was found by his fiancée Ashton Pillary in the house.

Testifying in the ongoing inquest into his death, Duri told the court that there was blood on the carpet, yet Mr Denn’s body was found covered with a blanket on the bed.

“From my experience as a police officer and knowledge of guns, there is no possibility that the deceased could have shot himself on the floor, climbed on the bed and covered himself with a blanket.’’

“I interviewed the house maid and she said the blanket was not being used. I inquired on who covered him with the blanket and they said they don’t know.

“He was shot from the back because where the bullet entered there will be a small wound and a big wound through the exit. The small wound was at the back. I contacted the attending detail Assistant Inspector Bindu and he said they did not find the cartridge or head bullet.”

Duri said from a small firearm used, the cartridge should have been two metres away or within the body.

Harare magistrate Mr Lazini Ncube deferred the proceeding to a later date.

CID forensic and ballistic expert Detective Inspector Admire Mutizwa, who testified previously, told the court that the death was inconsistent with suicide.

He told the court that when he arrived at the crime scene, it was already tempered with.

“When an incident occur everything need to remain as it is, said Det Insp Mutizwa. The weapon was placed in a drawer. The deceased’s wounds show that the bullet exited, but we did not locate the cartridge or head bullet.”

The deceased’s fiancée Pillary has hired a lawyer, Mr Dumisani Mtombeni.

Mr Mtombeni asked Dect Insp Mutizwa if he suspected foul play and he replied that he wondered why people rushed to remove the gun.

“I wonder where the rush was coming from,” he said.

“There is no way that the cartridge could get out of the room unless someone carried it out, maybe by mistake.”

“When a person shoots himself there is a funny way their hand presents, in this case the deceased hands were at his chest. It is unusual.”

Minister Chinamasa

Farirai Machivenyika Senior Reporter
The Reserve Bank of Zimbabwe received over 400 cases of suspicious transactions linked to money laundering in the financial services sector in the second half of last year.

This is contained in the bi-annual report of the Bank Use Promotion and Suppression of Money Laundering Unit for the period July 1 to December, tabled in Parliament recently by Finance and Economic Development Minister Patrick Chinamasa.

“Most of banks operating in Zimbabwe are carrying out or have carried out their respective institutional or internal money laundering and terrorist financing risk assessment at the instance of the Financial Intelligence Unit, which is resident within the Reserve Bank of Zimbabwe (RBZ), Minister Chinamasa said.

“This has resulted in improved capacity to identify suspicious transactions which saw the Financial Intelligence Unit of the RBZ receiving a total of 474 Suspicious Transaction Reports. This represented 2,5 percent increase in number of reported cases as compared to the same period in 2015.”

Minister Chinamasa said over 80 percent of the suspicious transaction reports were lodged by the banks, with money transfer agencies and an insurance company accounting for the remaining 20 percent.

He attributed the increases in the number of cases reported to the increase in monitoring suspicious transactions and in inter-institutional co-operation within the financial services sector.

Minister Chinamasa said non-financial sectors like real estate, casinos, legal profession, precious stone and precious metal industry, and others such as Chartered Accountants, Public Accountants were lagging behind in implementing the Anti-Money Laundering and Combating Financial Terrorism safeguards.

“It is particularly apparent when it is noted that not a single report was made by a participant of these sectors over the period concerned,” he said.

“The concern by the Financial Action Taskforce is that sometimes money is laundered through trust accounts of professional bodies.”

Minister Chinamasa said these sectors presented a high money laundering risk to the financial system of Zimbabwe and there was need to ensure that they were in full compliance with the requirements on anti-money laundering.

“We are obliged and directed that we should make amendments to our laws to make sure that these are more transparent than they have been in the past,” he said.

Fungai Lupande Court Reporter
A Chitungwiza man seriously assaulted a snooker player whose friend accidentally stepped on him during a game.

Shelton Sibanda (26) yesterday appeared before Harare magistrate Ms Barbara Chimboza facing two counts of attempted murder.

He was remanded in custody to May 8 and was advised to apply for bail at the High Court.

Prosecuting, Ms Linda Gadzikwa alleged that on April 24 this year around midnight, the complainant, Owen Chiparaushe, was playing snooker in the company of his friend.

The friend, only identified as Misheck, stepped on Sibanda’s foot and failed to apologise.

An altercation ensued, the court heard.

An angry Sibanda charged towards Misheck, but was outpaced.

After failing to catch Misheck, Sibanda approached Chiparaushe from the back and started assaulting him.

Chiparaushe managed to escape and tried to run away, but Sibanda and his friend gave chase.

They tripped him to the ground, but Chiparaushe managed to get up and hid in a sugarcane field.

It is alleged that Sibanda located him and Chiparaushe fled again, hiding between parked commuter omnibuses.

While in his hideout, Chiparaushe noticed that he was injured on the left side of his chest, had been slashed from the left ear to his neck and had a deep cut on the left nipple.

He collapsed due to the wounds.

It is alleged that the following day around midnight, Sibanda confronted Israel Geni asking what he was up to.

Geni advised him that he was looking for his friend Chiparaushe.

Sibanda allegedly grabbed him by the neck and pushed him against a wall, before teaming up with his friends to assault him.

Meanwhile, a jilted man from Sengwe communal lands in Chikombedzi allegedly killed his ex-wife with a kitchen knife after she had turned down his reconciliation efforts, before hanging himself, writes George Maponga.

Albert Hanyani (37) of Majijimba village was on Saturday found hanging on a tree a day after fatally stabbing Belivious Makoni (20) of Mpopoma Village.

The previous day, Hanyani had confronted Makoni at her sister’s home and allegedly stabbed her once on the right side of the abdomen and thigh before vanishing from the scene.

Masvingo acting provincial police spokesperson Assistant Inspector Kudakwashe Dhewa said the pair’s bodies were taken to Masvingo General Hospital for a post-mortem.

Asst Insp Dehwa said investigations were underway.

Preliminary indications were that Hanyani stabbed his wife after she turned down his advances for a reunion.

On the fateful day, Hanyani allegedly left his home and proceeded to the adjacent Mpopoma village on the pretext that he wanted to hand over Makoni’s clothes, since the couple had divorced.

On arrival, Hanyani called his ex-wife outside after telling her that he wanted to discuss some private issues with her.

Hanyani allegedly handed his ex-wife a satchel containing her clothes, but instantly pulled out a kitchen knife.

He then stabbed Makoni, inflicting severe injuries near the breast and left thigh.

Makoni allegedly tried to flee, but was outpaced by Hanyani, who stabbed her again on the abdomen and hands, resulting in her instant death.

Hanyani then fled from the scene.

A village boy, who witnessed the incident, alerted other villagers and Makoni’s body was found in a pool of blood.

A report was made at Chambuta Police Station.

The following day, Hanyani’s body was found hanging on a tree by a herd boy.

Crime Reporter
Thirteen armed robbers, including a teenager, who were targeting travellers, service stations and churches, stealing cash and valuables around Harare have been arrested.

Police said the 13, who are still assisting them with investigations, have so far cleared 15 cases which occurred in Chishawasha, Tafara, Mabvuku and Murombedzi.

National police spokesperson Chief Superintendent Paul Nyathi confirmed the arrests.

“After the recent cases of armed robbery and unlawful entry and theft involving service stations, churches, bars and travellers who are mostly offered lifts at undesignated points, the ZRP has arrested 13 suspects who are now assisting the police to clear 15 cases,” he said.

The suspects have been identified as Gaillah Muroyi (25), Carlos Bhundi (26), Yvonne Tashaya (27), Walker Dube (35), Roson Thabani Mutizirwa (23), Moses Matoiyo (18), Edward Kadenga (18), Nicholas Katembela (30), Tendai Tambara (20), Wilson Nyandoro (44), David Augustine (18), Abraham Nyandoro (22) and a 17-year-old boy.

“Some of the cases involving the suspects include the robbery at Murombedzi Service Station where over $16 000 was stolen,” said Chief Supt Nyathi. “In February and March 2017, the gang broke into two bars in Tafara and Mabvuku and stole cash.

“On 12 March 2017, the suspects attacked a guard at a school in Chishawasha with iron bars and went off with cellphones and other valuables.”

Chief Supt Nyathi said on April 9 at around 9:10pm, a man boarded a blue Honda Fit at Harare Show- grounds intending to go to Gweru.

Along the way, one of the accused produced an Okapi knife and threatened the man before ordering him to surrender all his belongings.

The robbers stole a Samsung Tablet 3, a Samsung J3 cellphone and $10 cash.

Chief Supt Nyathi said two days later at around 8:30pm another man boarded a blue Toyota Raum at Mbudzi roundabout intending to go to Mubaira Growth Point in Mhondoro.

He was robbed of his satchel, G-Tel cellphone, Huawei Ascent Y360, two laptops, passport, wallet and $15 cash.

“The ZRP has recovered some of the stolen property including cellphones, laptops, wristwatches and artwork, which members of the public can come and identify at CID Homicide Harare,” Chief Supt Nyathi said.

Meanwhile, four Mabvuku men reportedly connived and stabbed a Greystone Park widow before robbing her of cash and expensive jewellery including her wedding ring that she was wearing, writes Tendai Rupapa.

Obrian Zvavahera (34), Austin Thom (38) and their two alleged accomplices, who are still at large, went to Jenifer Susan Clark’s house during the night.

They reportedly scaled the precast wall armed with knives, metal bars and an axe.

The gang allegedly attacked Clark when she went outside to investigate why her dogs were continuously barking.

Zvavahera and Thom yesterday appeared before magistrate Ms Barbra Chimboza charged with robbery.

They were remanded in custody to May 9 with instructions to approach the High Court for bail.

Prosecutor Ms Linda Gadzikwa alleged that on March 19, at around 8pm, Zvavahera and Thom in the company of their alleged accomplices, proceeded to No. 90 Harare Drive, Greystone Park.

Clark, who was sitting in her lounge watching TV, heard her dogs barking and went outside to investigate.

The accused persons suddenly emerged from their hiding place and Thom grabbed Clark by the throat, the court heard.

It is the State’s case that one of the gang withdrew a sharp object and stabbed Clark twice on the head and shoulder.

She screamed for help and one of the accused persons also withdrew a metal bar and hit her all over the body in a bid to silence her.

They allegedly punched and clapped her while dragging her inside the house.

The gang reportedly demanded for cash and valuables as they ransacked the house.

It is alleged they dragged Clark from one room to the other forcing her to reveal where she was hiding the money.

They took her safe keys, opened the safe and stole $100 cash and expensive jewellery including gold coated rings.

The gang also took her mobile phone and her late husband’s hunting knife.

It is further alleged that they forcibly removed her wedding ring from her finger and a Rolex wristwatch.

They then pushed her to the wall and she managed to press the alarm and when it went on they bolted out of the house.

Clark was later rescued and rushed to the hospital.

Fungai Lupande Court Reporter
An auditor with the United Family International Church (UFIC) yesterday took the head of security and two church members to court on allegations of assaulting him after he exposed abuse of funds.

The head of security, Munyaradzi Rukato (37), and Stewart Tongani (34) and Farai Chuma (25) appeared before Harare magistrate Mr Gideon Ruwetsa.

They pleaded not guilty to assault charges.

In their defence, Rukato said the complainant, Mulungisi Sibanda, who is also security secretary, is a violent person and an attention seeker.

“No one assaulted him. He became angry after his efforts to intimidate me were fruitless. He followed me to my car shouting,” said Rukato.

“I was surprised to see police officers at the church alleging that I thumped his head. He is disrespectful and is in the habit of interjecting during meetings. He can even start to address people when you are in the middle of any discussion.

“He confronted two pastors earlier that day and barred them from entering the church.”

Chuma and Tongani concurred with Rukato.

The matter was remanded to May 9 for trial.

Prosecutor Ms Netsai Mushayabasa told the court that the fracas happened on September 10 last year during a service at the City Sports Centre.

It is alleged that Sibanda was chairing a meeting since Rukato, who is the chairperson of the security department, was absent.

Sibanda allegedly told congregants that some money paid by church members was miss- ing.

The court heard that Rukato later arrived and ordered Sibanda to sit down while he was still addressing the meeting.

Sibanda allegedly complied but Rukato allegedly went on to insult Sibanda saying he was a nonentity and was not allowed to address the congregation.

It is alleged that Sibanda stood up and argued that he was entitled to address a meeting because he was the church auditor.

It is alleged that Chuma and Tongani then intervened and started assaulting Sibanda together with Rukato.

Rukato allegedly drove away from the scene leaving the duo assaulting Sibanda with another UFIC staffer who was not ar- rested.

It is alleged that other church members just watched and left the scene without coming to Sibanda’s aid.

Sibanda reported the matter to police.

Wicknell Chivayo

Daniel Nemukuyu Senior Court Reporter
BUSINESSMAN Mr Wicknell Chivayo says he does not understand the Shona language that is used in the $500 000 suit filed by Sunday Mail journalist Garikai Mazara and that the vernacular parts must be expunged from the plaintiff’s declar- ation.

Mr Chivayo is being sued for injuria after allegedly hurling obscenities at Mazara.

A team of advocates comprising Mr Thabani Mpofu, Mr Silvester Hashiti, Ms Regina Mabwe and Mr Nelson Chamisa filed an application excepting to the claim.

The Advocates argued that paragraph 4 of the declaration, which forms the basis of the injuria claim, was written in Shona and other languages that Mr Chivayo has failed to comprehend.

The paragraph contains WhatsApp messages that were allegedly sent by Mr Chivayo insulting Mazara.

Phrases like “Musatanyoko wamai vako” among others dominate the fourth paragraph of the declaration and the lawyers demand the translation and definition of such terms.

Garikai Mazara

The lawyers, in the exception application, stated that the language used was improper.

“Plaintiff founds his claim on the words set out in paragraph 4 of his declaration.

“The words on the basis upon which he founds his claim are not set out in the language of record and no direct translation is rendered on the meaning of those words.

“The claim is consequently founded upon words that are meaningless, which have no legal consequence and which do not prima facie show any impairment of plaintiff’s dignity,” reads part of the application.

The lawyers argued that the claim was incompetent, bad in law and awfully presented.

They also submitted that the words used were vague and embarrassing.

Wicknell Chivayo – pic from africanmillionaire.net

Mr Chivayo wants the fourth paragraph, which is the crux of the $500 000 claim, to be struck out.

Other messages quoted in the paragraph in question read; “Urimbwa yemunhu unofa uchishupika”

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

The lawyers argued that the messages were 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,” Mazara’s lawyers argued.

The High Court is yet to set the exception case down for hear- ing.

Sheillah Mapani Herald Reporter
Ethiopian Airlines has taken its former chief customer service agent to the Harare Civil Court for allegedly defrauding it of $1 500.

Penelope Machaka appeared before Harare Civil Court magistrate Ms Sharon Chipanga.

It is alleged that on September 2, 2015, Machaka received $10 234 as the day’s takings from a ticketing agent.

Machaka was authorised by the company to deduct $5 746 from the amount, leaving a balance of $4 487 which was to be banked.

Instead of banking the whole balance, she deposited $2 988 into the company account, the court heard.

To cover up the shortfall of $1 500, Machaka lied to Ethiopian Airlines that an air ticket worth that amount had been issued. She used the money and failed to reimburse the company on demand.

Prof Gudyanga

Fungai Lupande Court Reporter
Secretary for Mines and Mining Development Professor Francis Gudyanga ordered several unbudgeted payments from the Minerals Marketing Corporation of Zimbabwe (MMCZ), which he later disguised as dividends, the court heard yesterday.

Prof Gudyanga, who was a lone board member at MMCZ, was in court answering questions during cross-examination in the trial of the company’s acting general manager Richard Chingodza (41) and acting deputy general manager (finance and administration) Hannan Tongai Chitate (35).

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

During cross-examination by Chingodza’s lawyer Mr Oliver Marwa, Prof Gudyanga was asked why he ordered that the company donate $60 000 to Kutama College’s centenary celebrations.

“Did you ask MMCZ if they afforded to pay such an amount,” asked Mr Marwa.

In response, Prof Gudyanga said if the company could not afford the donation, management would have said so.

“A letter to you has indicated that the company did not have the money and it is explaining the delay,” inquired Mr Marwa.

“The request was illegal and it cannot be supported by the Company Act or any Government statute governing public funds.”

In response, Prof Gudyanga said the request was not unique.

“It is part of the company’s corporate social responsibility,” he said.

But Mr Marwa said MMCZ was a public corporation and a creature of procedures and questioned the basis upon which Prof Gudyanga made the order for the donation to be made.

“You were a headmaster at Kutama?” asked Mr Marwa.

Mr Marwa then took Prof Gudyanga to task over a September 8, 2015 payment of $517 000 to Pedstock Investment.

“That matter involves classified activities involving stoppage of linkages in the mineral sector,” Prof Gudyanga explained.

“I am surprised that Chingodza, who is aware of the nature of the issue, decided to bring it to court.”

Mr Marwa asked Prof Gudyanga to elaborate on the nature of the payment and he said it was a special payment for the Mineral and Border Control Unit.

He later refused to comment any further.

Mr Marwa then asked him to confirm whether or not two payments of $500 000 and $375 000 were made to the same company in two months, to which Prof Gudyanga said it was correct.

He also quizzed Prof Gudyanga on an October 23, 2016 payment to a Government department which was disguised as dividends.

The trial continues today.

Peter Chikumba and Grace Pfumbidzayi

Daniel Nemukuyu Senior Court Reporter
Former Air Zimbabwe bosses Peter Chikumba and Grace Pfumbidzayi will now effectively serve seven-year prison terms imposed on them for swindling the airline of $10 million after the High Court yesterday dismissed their appeals.

Chikumba, who was the airline’s chief executive, and former company secretary Pfumbidzai, were found guilty of criminal abuse of office, but they were freed on bail pending appeal.

High Court judge Justice Edith Mushore yesterday dismissed the appeals by the pair, saying they were fatally defective. The lawyers unsuccessfully applied for permission to amend the notice of appeal, resulting in the dismissal of the appeals. Justice Mushore said it was not possible to amend a fatally defective appeal.

“The legal position is that if the original notices of appeal are defective, then there is no appeal before the court,” she said.

“If there is no appeal before the court, then the matter ends there.

“It is not possible to amend or seek condonation of a fatally defective notice of appeal . . .

Justice Mushore said the heads of argument filed by the two did not comply with rule 238 (1) of the High Court Rules.

“The heads of argument filed by both appellants do not comply with the clear and strict provisions laid out in Rule 238 (1) of the High Court Rules 1971 both in form and content,” she said.

“They are voluminous and not in a good way.

“They are rambling narratives which give a factual point of view the way that the appellants would have wanted the court a quo to analyse the facts. No points of law are made, neither do they cite any authorities.

“Accordingly, in terms of Rule 238(2) of the High Court Rules 1971, the appellants are deemed to be barred. First and second appellants’ appeals are dismissed with costs.”

Pfumbidzai’s lawyer Advocate Thabani Mpofu criticised the decision of the court, saying he had instructions to appeal. He said the parties never argued the merits of the appeals, but the judge dismissed them.

“The matter will definitely be taken up,” said Adv Mpofu.

“Although the court did not hear argument on the substance of the matter, it has proceeded to not only dismiss the appeal, but has made an adverse costs order in a criminal appeal.

“Further, it has found that appellants are barred in their own appeal and has made that finding on the strength of the civil rules. An appeal whose grounds are invalid cannot be dismissed. We will attend to the correction of that mistake.”

Pfumbidzai and Chikumba appealed against both conviction and sentence, arguing that they were wrongly convicted and that the sentence was excessive. In the notice of appeal, their lawyers submitted that the magistrate misdirected herself by failing to assess all the evidence adduced in the trial.

The magistrate, the lawyers argued, erred by concluding that the auditor, Bhudhama Chikamhi, was a credible witness when he stood to benefit financially by testifying against the duo.

Charges against Pfumbidzayi and Chikumba arose after an anomaly was discovered by former Air Zimbabwe board chairman Mr Ozias Bvute pertaining to amounts paid between April 2009 and April 2013 to a company called Navistar Insurance Brokers (Private) Limited in respect of aviation insurance premiums.

Pfumbidzayi and Chikumba also inflated aviation insurance premiums payments made to Colemont Reinsurance Brokers (Private) Limited and Reinsurance Brokers (Private) Limited, both United Kingdom-based companies.

The firm released €15 452,93 to Navistar, €10 607 859,22 to the two British companies, while they pocketed €5 895 695,49.