Mr Job Sikhaka told the Harare magistrates court yesterday that Mzembi could not attend the start of his trial for charges of theft of trust property involving $1,6 million because he was critically ill.

The trial was moved to December 4. Mr Sikhala pleaded with the court to postpone the trial and issue Mzembi with an administrative warrant of arrest.

“Cancer is a deadly diseases and currently the accused is on chemotherapy in South Africa,” said Mr Sikhala. “This is on record and we gave the State some of the medical documents.”

Mzembi was issued another warrant of arrest last week, in another case involving $184 336.
Harare magistrate Hosea Mujaya is handling the case, while Mr Zivanai Macharaga from the Special Prosecuting Unit is representing the State. – state media

Two Ordinary level candidates from two schools in Bulawayo have approached the High Court seeking an order for the release of their results which their respective schools have been withholding over outstanding fees.

The pupils, Providence Ayanda Luphahla a candidate from Maranatha High School and Prudence Moyo from Ihlathi High School through their lawyers Dube-Tachiona and Tsvangirai Legal Practitioners want the matter referred to the Constitutional Court for a constitutional declaration.

The school have since February 2016 refused to release the results demanding to be paid the outstanding fees.

According to summons filed at the High Court on Tuesday, the Headmasters of Maranatha and Ihlathi High schools are cited as first and second respondents respectively while the Minister of Primary and Secondary Education is cited as the third respondent.

Providence said she enrolled at Maranatha High School in Nketa from Form Two to Form Four while Prudence did Form One to Four at Ihlathi High School in Tshabalala.

“Having completed their Ordinary level examination, the results were subsequently released by the Zimbabwe Schools Examination Council to the two schools in 2016,” read the court papers.
At the time the ordinary level results were released, Providence owed and still owes Maranatha High School $538 while Prudence still owes Ihlathi High School $412.

The court papers say the basis for the application was for the court to make a declaratory order.
“From the date results were released the first and secondary respondents have refused to release the said Ordinary level results to the minor children until payment of full school fees arrears.
I seek an order that the refusal by the respondents to release the applicants’ ordinary level results on the basis of failing to pay school fees is unconstitutional as it violates the constitutional right to education and rights of children,” reads the court papers.

“Furthermore, the respondents actions are also unlawful as they are not provided for by any law. I am advised that there are lawful ways upon which the respondents can recover their unpaid fees”.
The summons say the respondents’ conduct has infringed on the minor children’s fundamental rights as they have failed to progress with their education without the said Ordinary Level results.

“The Constitution of Zimbabwe guarantees a right to basic adult education which is state funded as a result the respondents have no right to infringe on the minor children’s rights on the basis of failing to pay school fees. The conduct of the respondents further does not in any way advance the best interest of the minor children,” read the papers.

The applicants also argued that the Constitution of Zimbabwe further places a duty on all persons, institution and agents of the Government to respect, promote, protect and fulfil the rights and freedoms guaranteed by the Constitution.

“The conduct of the respondents is an abuse and deprivation of the applicants’ education. I submit that the provisions of Section 6 and Section 21 of the Education Act (25:04) which provide for payment of school fees do not give the powers to withhold examination results where school fees are not paid.

The lawyer said they were praying for an order declaring the conduct of the respondents to deny the applicants their Ordinary level results as unlawful and unconstitutional as it infringes on the applicants’ constitutional rights as granted by Section 75 (i) and Section 81 (l) (f).

“The applicants will further seek an order of the costs on an attorney and client scale as the respondents conduct was being malicious and has greatly affected the applicants’ educational life,”
They are also seeking that the matter be referred to the Constitutional Court in terms of Section 175 (1) and (5) of the Constitution of Zimbabwe.

In 2011, the Bulawayo High Court ruled that it is parents who undertake to pay all fees for their children when they bring them to school and failure to do so should result in legal proceedings being instituted against them.

The court ruled that school fees payment obligation was a contract entered into between a parent or guardian and the school concerned and not the pupil.
It said the said contract can either be express or implied.

The court also made it clear that it was improper to use pupils as pawns to enforce payment by either turning them away or withholding examination results. – state media

A ZIMBABWEAN woman based in Leicester, England reportedly shot and killed her Caribbean husband before turning the gun on herself on Wednesday night.

It is said that Lorraine Gugu Mbulawa killed her husband, only identified as Sanchez.
Media reports in the UK yesterday show police in the city have launched an investigation after the couple was found dead in a house they were staying in, at about 11.50PM.

In a statement, the police said the deaths were being treated as “unexplained” with investigations in progress.

They said scene preservation will remain in place at the house to allow for specialist officers to carry out inquiries into the circumstances surrounding their deaths.

Haalimah Foxie Chiniey indicated on Facebook that Mbulawa had a mental illness, adding that the condition was a reality that should be taken seriously.
“Mental health is a really sad thing. Clearly she had mental issues and I wish she had gotten help. So sad.”

Media in the UK said Mbulawa was once arrested years ago for physically assaulting her mother and injuring her but was cleared of attempted murder after a judge accepted that she believed she was acting on the instructions of evil spirits. A relative took to Facebook to dispel “nasty rumours” that
Lorraine Gugu Mbulawa killed her husband, only identified as Sanchez.

“It’s unfortunate that until the police have finished their investigations, I can’t say how they died. But she did not kill her husband,” wrote Kudzai Kanyamaure Ncube. – state media

By Own Correspondent| Citizens here have taken to social media expressing their views over the biased coverage of opposition leader Nelson Chamisa by the State Media.

The Herald reported that Chamisa’s “Mother of all demonstrations” was poorly attended posting the following on the publication’s facebook page:

We publish below some of the reactions to that post:

Terrence Mawawa|The Zimbabwe School Examinations Council
(ZIMSEC) has dismissed reports on social media that some Ordinary Level exam papers written in October-November were leaked and will, therefore, be re-written.

ZIMSEC described the reports as false and mischievous.ZIMSEC spokesperson Nicky Dlamini said:”Such messages on social media should be ignored as they are false, it’s just an individual trying to confuse the public through misinformation. We have not communicated anything to that effect neither have we received anything from the Minister on that.”

There is progress in the process of identifying victims of the West Nicholson bus accident as the Department of Applied Genetic Testing Centre at the National University of Science and Technology (NUST), has almost completed the works with some bodies set to be released this Friday.

Following the fatal accident of the Brooklyn bus disaster that occurred in the West Nicholson area of Gwanda where bodies were burnt beyond recognition and required the services of genetic testing for positive identification, the Applied Genetic Testing Center at NUST has so far positively identified 22 bodies out of the 30 remains and 18 body parts.

Director of the centre Mr Zephaniah Dlamini says the process is likely to be concluded by Friday this week, save for those remains whose reference samples were not correct.

“We are almost done and 22 remains have been positively identified but there are two remains whose relatives have not yet come to claim the body and for that reason it’s very difficult to proceed because we have no reference samples while some reference samples were not correct and new ones have to be secured,” said Mr Dlamini.

Mr Dlamini said the remains whose reference samples are yet to be brought will take at least another week to process and this will delay the release of these bodies for burial.

The country’s technology nerve center NUST has come in handy in the process of identifying the remains, a procedure that would generally be done in South Africa and would have taken longer to finish.

Zbc News online

Jane Mlambo| Foreign Affairs minister Sibusiso Moyo has gone public for the first time since September when he was diagonised of a kidney related ailment.

Following media reports that his condition had deteriorated again, Moyo posted his picture recuperating from home on social media, perhaps as a way of proving a point that he is indeed recovering.

pic.twitter.com/kwqiwygODz

— SB Moyo (@MinisterSBMoyo) November 29, 2018

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The Minister of Finance and Economic Development Mthuli Ncube said that the fuel situation will normalise in the next few days. Speaking to the press after a Cabinet meeting, Ncube said the fuel shortages are being caused by delays in the making of payments and transport logistics. He has however assured the public that the government is on top of the situation.

Ncube had this to say,

“We are aware of the hitches in the fuel supply on the market and this has to do with timing in terms of payments and supply of the commodity… I am happy to say that enough letters of credit and other payment forms have been arranged for the supply of fuel, but you get one or two types of delays logistically in terms of the delivery of the fuel. The issue should resolve in the next few days. We just hope we can be patient.

“Also, recall this last quarter of the year every year is the time for forex shortage in the normal cycle of foreign currency earnings for the country. We always have a bigger demand compared to supply in terms of forex demand, but we are glad to say we are on top of it and we will arrange enough financing for the fuel.”

Finance minister Professor Mthuli Ncube dealt a heavy blow to the controversial command agriculture programme after successfully pushing for its scaling down amid plans to phase it out next year.

Under the programme, government has been providing seed, fuel, irrigation and mechanized equipment to mainly smallholder farmers, who, in turn, are supposed to repay government by delivering five tonnes of their produce to the Grain Marketing Board.

The programme, which was launched in the 2016/17 season, has, however, been prone to abuse by the ruling Zanu PF party, becoming the centre piece of President Emmerson Mnangagwa’s campaign in the recent elections.

Resultantly, it has become a feeding trough for senior government officials, politicians, military chiefs and a connected few.

According to Treasury data, expenditure on agriculture has been one of the major components driving the southern African country’s unsustainable budget deficit.

Expenditure on the sector reached $1,1 billion as at August 2018, against an annual budget target of $401 million.

Of this, $238 million went towards command agriculture, $263 million towards vulnerable input support scheme and $505 million to grain procurement.

Ncube, who has been vocal about the need to restructure the programme, told a Press briefing yesterday that government would limit its exposure and play a supporting role instead.

“There is no question that it (command agriculture) has improved the food security situation in Zimbabwe. It has been a success, but what we are saying is that there are players that have been missing in the financing of command agriculture. It is the private sector banks who should begin to fund command agriculture. They have said they want perfection of the 99-year leases and that is a legitimate request which is being attended to. In the interim, we stand ready to give credit guarantees, especially to State-owned banks, for them to extend credit to farmers,” Ncube said.

“The other leg of the private sector are the industrial corporates, who are users of the agriculture commodities. They must get into outgrower schemes. There is a model pout there to copy, so by crowding in the private sector and also ensuring that those that are exporting produce source lines of credit”.

-Newsday

Finance minister Mthuli Ncube yesterday revealed that the Defence ministry is failing to feed and clothe its personnel and that the soldiers living in the barracks were surviving on two meals a day, while having to content with one uniform.

Ncube was defending his budget allocation of $546,9 million to the Defence ministry and $517,8 million to the Home Affairs ministry, bringing the combined allocation to security apparatus to slightly over $1 billion.

In the past, the two ministries have been given the largest chunk of the budget, but this year, Ncube allocated the Primary and Secondary Education ministry more than $1 billion.

In an interview with NewsDay on the sidelines of a post-budget Press briefing, Ncube said he had allocated a non-wage linked budget of $160 million and $86,2 million to the Defence and Home Affairs ministries, respectively, to cater for maintenance of equipment, facilities, training and development.

“This allocation is small; we have a situation where we have our military personnel at times having two meals per day instead of three; our police officers failing to attend to crime scenes because they do not have transport and other equipment to use. So we need to capacitate them,” Ncube said.

Ncube said Defence, Home Affairs, Education and Health are people-centred departments that need more funding.

“These are ministries that have to do with the social development of our people. If a police officer does not have the means of getting to a crime scene, even if you report, it would be of no value, hence we gave them this amount,” Ncube said.

In his budget presentation, Ncube said the economic crisis had taken a toll on the defence and law enforcement agents, affecting their duties.

The minister last week presented a $8,2 billion budget, which sought, among other things, to promote production, cut public expenditure as well as support international re-engagement efforts.

Ncube said the budget which is yet to be adopted by Parliament, has seen President Emmerson Mnangagwa and his two deputies taking a pay cut of 5%.

-Newsday

“Well, we might give you the figure of how much would be saved from the 5% pay cut, but the idea here is the political will by the President and all of us to take these austerity measures. The number of people who will be affected by this could be small; it is the will by President ED Mnangagwa to take the initiative which is very important. For every measure to succeed, we need to have political will,” Ncube said.

Also announced in the budget was the establishment of a road fund to assist road accident victims and it was to be funded by third party insurance undertaken by motorists.

Finance ministry secretary George Guvamatanga said at least $3 million was envisaged to be mobilised from insurance companies and a board was yet to be set up to administer the fund.

“The board will come up with further modalities on how and when an intervention would be made in the event of an accident. Maybe the board may actually recommend that government comes in and assist in funding and so on and so forth,” he said.

The Treasury bosses also warned pharmacies that are still demanding foreign currency that government would withdraw their licenses or stop allocating foreign currency to private players as a way of protecting ordinary citizens. Guvamatanga said authorities were contemplating channelling funds to NatPharm for the procurement of drugs and in the process drive out private players.

-Newsday

Jane Mlambo| Finance minister Mthuli Ncube could have danced to President Emmerson Mnangagwa’s moves to stop another military coup after allocating more than $1 billion to the security sector in his 2018 budget.

His argument is that soldiers are not being well fed and now having two meals a day instead of three.

According to the 2018 budget, Ncube allocated $546,9 million to the Defence ministry and $517,8 million to the Home Affairs ministry, bringing the combined allocation to security apparatus to slightly over $1 billion.

In an interview with NewsDay on the sidelines of a post-budget Press briefing, Ncube said he had allocated a non-wage linked budget of $160 million and $86,2 million to the Defence and Home Affairs ministries, respectively, to cater for maintenance of equipment, facilities, training and development.

“This allocation is small; we have a situation where we have our military personnel at times having two meals per day instead of three; our police officers failing to attend to crime scenes because they do not have transport and other equipment to use. So we need to capacitate them,” Ncube said.

Jane Mlambo| MDC Organising Secretary, Amos Chibaya yesterday said they received reports Zanu PF is planning to bus people from as far as Uzumba to disrupt their demonstration today.

Addressing journalists at a press briefing yesterday, Chibaya said they have since made a police report to ensure their protest is peaceful as they do not tolerate violence.

“We did receive reports that Zanu PF people are coming from Uzumba and other places. We have since reported the matter to police and I am sure police will handle them because as highlighted, our demonstration will be peaceful and we will not tolerate any violence. If there is anybody who is going to engage in violence, our marshals will do what we call citizens’ arrests,” Chibaya said.

Zanu PF deputy youth secretary Lewis Matutu has rubbished claims that the ruling party had sought to infiltrate the MDC protests, saying they had better things to do as a party.

“That is ridiculous. Why would we do that?” he asked.

“They are saying they are not putting on regalia because they don’t want their people to be identified. There is no peaceful demonstration as they are saying. They believe in chaos. How will they make the country ungovernable through a peaceful demonstration?

“They will repeat the same behaviour that they are known for, but for them to then say we are mobilising people to come to Harare is just ridiculous. We don’t have time to mobilise for what they are alleging, we have better things to do to build our country,” he said.

-Newsday

Norton Member of Parliament, Temba Mliswa, got a reprieve after the High Court stopped the attachment of his three vehicles over failure to settle $136 000 legal costs stemming from a case he lost to a private property developer and Norton Town Council.

Mliswa’s vehicles, a Mercedes-Benz, a Mazda T3500 truck and a Vintage Dodge, were attached by the Sheriff of the High Court early this month and were removed on November 7, 2018 for sale in execution.

This prompted Mliswa to approach the High Court for a provisional order staying the removal of the movable assets pending the final ruling of the matter.

Justice Esther Muremba found merit in Mliswa’s argument and granted the application the relief sought.

“Pending the determination of this matter on return – the first respondent (Sheriff of the High Court) is ordered to stay the removal of the applicant (Mliswa)’s movable assets attached on or about 1 November 2018,” she said.

The debt arose from costs that were awarded to Maparahwe Properties (Pvt) Ltd and Norton Town Council in a case in which Mliswa and his 629 co-applicants lost a High Court case involving land invasion at Kingsdale Farm, Norton.

In his application, Mliswa wanted an order barring the Sheriff, the property developer Maparahwe Properties and Norton Town Council from proceeding with the sale of his vehicles.

Maparahwe Properties and Norton Town Council after successfully defending the land stalemate, were awarded costs of suit.

Through his lawyer, Professor Lovemore Madhuku, Mliswa argued that the costs in the matter under HC4619/17 were not awarded jointly.

He said each applicant had an obligation to pay his or her proportionate share of the costs and the maximum amount of each being $216.

It was further argued that Mliswa joined the 629 Norton residents in Kingsdale and an organisation known as Norton Residents’ Development Trust (NRDT) when they petitioned the court under case number HC4619/17, challenging countless eviction orders against the residents at the instance of the property developer.

For Norton Town Council, Mliswa argued that it was just joined as a convenient party alongside two Government ministers (Lands and Rural Resettlement and Local Government) and he had already paid $3 227 towards the claimed costs.

State Media

THE Reserve Bank of Zimbabwe (RBZ) has said the country is not ready to liberalise the bond note exchange rate or introduce a new currency as this will raise inflation and worsen the economic situation.

Speaking during a business leaders’ seminar organised by the Seventh-Day Adventist Church in Bulawayo on Sunday, RBZ senior director Dr William Kavila defended the 1:1 US$/RTGS or bond note official exchange rate and warned that calls to un-peg the exchange rate at the present moment would take Zimbabwe back to the 2008 scenario when the country experienced hyper-inflation, which culminated in the collapse of the Zimbabwe dollar.

“We cannot liberalise the (bond note) exchange rate now because our economic fundamentals are not right. If we liberalise the bond note, inflation will rise by 600 per cent creating more economic challenges than we have now. This will take us back to the 2008 inflation where money lost value overnight and nobody here wants to hear of that period,” said Dr Kavila.

“We need to first improve on our reserves and have import cover for at least three months and we are looking at about $1 billion of import cover.”

He was responding to calls by business leaders to phase out the bond note or subject it to market forces to determine its rate. Some had complained that the US$1:1RTGS exchange rate was not sustainable and cited the existence of a three-tier pricing system on the market.

Dr Kavila said while the central bank and Government appreciate the public frustration emanating from a distorted exchange rate market and sky-rocketing prices, largely driven by speculative parallel market players, authorities have a mandate to instil discipline and protect public interest.

He explained that the 1:1 official exchange rate was important in preserving the value of money and ensuring depositors with millions of dollars at banks do not lose them.

Dr Kavila called for calm and urged Zimbabweans to work together with Government by supporting measures to restore confidence and achieve macro-economic stability.

“We need to work on fiscal consolidation measures, which is where the problem is. The bond notes we have are less than $500 million compared to the $10 billion RTGS balances,” said Dr Kavila.

“After all bond notes are backed by an Afreximbank loan facility and are being issued through a drip system.”

Treasury is already seized with implementation of austerity measures meant to reverse fiscal disequilibrium guided by the Government’s Transitional Stabilisation Programme (TSB).

These have been further buttressed in the 2019 national budget statement, which was announced by Finance and Economic Development Minister, Professor Mthuli Ncube.

The apex bank official also dismissed as false and malicious reports that the RBZ was participating in parallel market activities. On the contrary, Dr Kavila said, the recent price madness was triggered by speculation and misunderstanding of fiscal and monetary policy pronouncements.

He, however, said Government would continue to allocate foreign currency to support critical imports such as fuel, drugs, electricity and key raw materials for the productive sectors.

Government has said while it has no control over the parallel market rates, it has secured a $500 million Afreximbank facility to back the RTGS balances and pleaded with ordinary Zimbabweans not to trade on the parallel market.

“Afreximbank has offered Zimbabwe a facility to guarantee 1:1 convertibility of RTGS balances into US dollars. Having said that, what we can say is that people should desist from being involved in the parallel market, both in terms of currency activities and activities on the goods market,” Dr Kavila said.

State Media

THE opposition MDC yesterday said it was unfazed by threats and discouragement over today’s street protest while the police warned “some elements are planning to cause violence, disrupt the smooth flow and the peaceful environment”.

Addressing journalists at the party headquarters in Harare yesterday, MDC spokesperson Jacob Mafume, who was flanked by party leader Nelson Chamisa, his three deputies and others senior officials, said the demonstration was unstoppable as it was the desire of the suffering masses to register their displeasure at the way the Zanu PF government was running the country.

“The demonstration is a people’s demonstration. The people have demanded this demonstration; they have asked us to be able to lead from the front. Not only us, but various sectors of society and those sectors include the churches, students, civil servants, police and army, vendors and farmers will all converge here in Harare,” Mafume said.

He said they had notified the police as per provisions of the Constitution, and they are expecting the full co-operation of law enforcers, who will play their part in ensuring the smooth flow of their demonstration.

Police spokesperson, Senior Assistant Commissioner Charity Charamba said in a statement that the police had approved the protest, but said they had gathered intelligence reports that some elements would cause violence.

“Intelligence at hand indicates that some elements are planning to cause violence, disrupt the smooth flow and peaceful environment in Harare central business district. The Zimbabwe Republic Police is on high alert monitoring the situation to ensure all those who will cause violence are dealt with according to the law,” she said.

“This information has already been communicated to the conveners. Law enforcement agents will not hesitate to arrest anyone found violating the law.”

Mafume said police were bound by the Constitution to protect demonstrators and provide safe passage for anyone who wants to freely express themselves and ensure that provocateurs are stopped in their tracks.

“The police are there to ensure that no one interferes with the constitutional rights of Zimbabweans. We are convening a peaceful demonstration. We have complied with the Constitution and we expect all State organs to also comply with the law. We are proceeding in terms of the law and not in any terms of pronouncements by any other person,” he said.

MDC national organising secretary, Amos Chibaya claimed the party had foiled a plan by Zanu PF to bus in people from as far as Uzumba and other places to cause disturbances in Harare and lay the blame on the opposition party.

“We did receive reports that Zanu PF people are coming from Uzumba and other places. We have since reported the matter to police and I am sure police will handle them because as highlighted, our demonstration will be peaceful and we will not tolerate any violence. If there is anybody who is going to engage in violence, our marshals will do what we call citizens’ arrests,” Chibaya said.

He said they would march from Africa Unity Square, proceed along Jason Moyo Avenue into Leopold Takawira Street; Samora Machel Avenue; Julius Nyerere Way and Nelson Mandela Avenue and end at the Africa Unity Square where Chamisa will address the gathering.

The party plans to hand over a petition to Parliament, listing its concerns.

Mafume said they would not allow supporters and members to wear party regalia. He said protesters should wear white as a symbol of peace and love.

“This demonstration is coming from the people; they need redress and solutions, and they need them now. The form and shape that the solutions will take is up to those who construct the political issues, but what we are clear about is this demonstration is there to express whatever Zimbabweans are feeling,” he said.

“You have seen in the rallies, the people have asked us to be on the streets with them, to express how they feel.”

However, Zanu PF deputy youth secretary Lewis Matutu rubbished claims that the ruling party had sought to infiltrate the MDC protests, saying they had better things to do as a party.

“That is ridiculous. Why would we do that?” he asked.

“They are saying they are not putting on regalia because they don’t want their people to be identified. There is no peaceful demonstration as they are saying. They believe in chaos. How will they make the country ungovernable through a peaceful demonstration?

“They will repeat the same behaviour that they are known for, but for them to then say we are mobilising people to come to Harare is just ridiculous. We don’t have time to mobilise for what they are alleging, we have better things to do to build our country,” he said.

-Newsday

VIDEO LOADING BELOW…..

State Media -Police yesterday said they will be on high alert today during the MDC-Alliance planned demonstration following indications that some rogue elements within the party were planning to cause mayhem and anarchy in and around the city.

This also comes after Government recently said MDC-Alliance and its leadership will be held accountable if their planned demonstration resulted in loss of life, limb or damage to property.

MDC-Alliance leader Mr Nelson Chamisa, who last week branded as “stupid” demonstrators who took part in the August 1 demonstrations which left six people dead and damaged property, said his party will march against the Government.

In a statement yesterday, chief police spokesperson Senior Assistant Commissioner Charity Charamba said those who cause violence will be dealt with according to the law.

She said the regulating authority, the ZRP, had sanctioned the planned demonstration.

“Intelligence at hand indicates that some elements are planning to cause violence, disrupt the smooth flow and the peaceful environment in Harare’s Central Business District,” said Snr Asst Comm Charamba.

“The Zimbabwe Republic Police is on high alert monitoring the situation to ensure all those who will cause violence are dealt with according to the law.

“This information has already been communicated to the conveners. Law enforcement agents will not hesitate to arrest anyone found violating the law.”

Snr Asst Comm Charamba said the conveners of the demonstration would be held accountable for any disruptions, destruction of property and ensuing violence in the CBD.

“The ZRP is appealing to all those who intend to participate in the demonstration to observe peace and maintain law and order,” she said. “We are, therefore, urging the generality of the public to go about their business as usual. We urge the organisers of the demonstration to adhere to the conditions set out by the regulating authority as provided for by the law.”

It recently emerged that the planned protests had nothing to do with economic issues, but were meant to pressure President Mnangagwa and Zanu-PF to share power with Mr Chamisa and his party.

Mr Chamisa told London-based international news magazine, The Guardian Weekly, last week that the protests would call for a “transitional authority” to “move the country forward”.

Deputy Chief Secretary to the President and Cabinet (Presidential Communications), who is also the Presidential spokesperson, Mr George Charamba, this week said the onus was on the opposition political outfit to ensure there was no injury to life or damage to property.

Mr Charamba said certain protected areas will be a no-go area for the opposition supporters.

Home Affairs and Cultural Heritage Minister Cain Mathema last week said Government had put in place security measures to deal with malcontents planning to disturb the peace prevailing in the country.- state media

ZANU PF youth league secretary Pupurai Togarepi has condemned the MDC demonstration set to be held in Harare this Thursday.

The MDC has since informed the police and has been given the
green light to proceed with the march.

The MDC is demonstrating over what the consider the worsenig economic situation. However, ZANU PF youths consider the march to be ‘frivolous’. They have vowed to defend ZANU PF party property in the event that it is attacked by the MDC. Togarepi
said:”We have noted with concern that the opposition is planning the so called peaceful march on November 29, 2018, in Harare.
The purpose of this so-called peaceful demonstration is to cause mayhem and despondency in our peaceful Zimbabwe like what happened on August 1, 2018.

We don’t say people should not demonstrate. The economic reasons are frivolous. After all, they invited sanctions to the country and always want to blackmail the country and deny it the chance to get investors.
In view of the impending demonstration by ‘thugs’ and ‘stupids’, we would like to encourage the general citizenry and the business community to safeguard
their property against the merchants of violence who engineered the same on 1 August 2018.

On its part, the league will safeguard the property against any harm. Any attempt to destroy property belonging to the party will not be taken lightly.”

Mr David Ndlovu of Dopote village under Chief Masendu in Madlambuzi, was shot at around 11PM and was pronounced dead on arrival at a local clinic.

His 21-year-old son (name withheld for security reasons), said he heard several gunshots at around 11PM on Saturday but said he was too scared to check what was happening outside his bedroom.

He discovered his seriously injured father at around 5AM the following day and rushed him to Makhulela Clinic where he was pronounced dead on arrival.

Chief Insp Ndebele spoke to the state media.

He said the police are appealing to members of the public who might have information leading to the arrest of the suspects to contact any nearest police station. – state media

A 31-year-Old woman from Plumtree has been arrested for attempted murder after locking herself and her four children in a bedroom hut before setting it on fire.

Sinikiwe Moyo of Demadema village under chief Masendu in Madlambuzi, attempted to kill herself and the children last Sunday while her husband she had fought with on the day, was away.

Matabeleland South police spokesperson Chief Inspector Philisani Ndebele confirmed Moyo’s arrest and said investigations were underway.

“I can confirm that we are investigating a case of attempted murder by a 31- year old woman that occurred in Madlambuzi on Sunday evening. The suspect locked herself and her four children (ages not provided) in a bedroom hut and set the hut on fire,” he said.

Chief Insp Ndebele said the accused’s alert father- in- law noticed the fire and rushed to the bedroom hut and managed to break down the door.

All the occupants including the accused managed to escape. – state media

Fresh land invasions have rocked Harare South, particularly Churu Farm, amid reports that some suspected land barons are illegally parcelling out stands to home-seekers without council’s authority and have since erected a structure where prospective home owners are parting with their hard erned money.

Those who have already settled are being asked to pay $15 each on the pretext that council would regularise their stay in the area.

Tonderai Muchemwa, who is the alleged mastermind of the illegal act, has been accused of forging local councillor Tendai Katsaira’s signature and details which he went on to use on posters where he threatened residents to pay or risk losing their stands.

Cllr Katsaira yesterday said residents at Churu Farm approached him after the alleged land barons demanded that they pay money for regularisation.

“I addressed them and told them not to pay money to individuals or cooperatives,” he said. “I told them that Government had outlawed cooperatives and council was now using pay schemes. They erected a structure where they are collecting money, forging the city’s logo.

“I have since made a forgery report against Muchemwa at Glen View Police Station. Some of the people are claiming to be land developers approved by council, but they could not prove their claims.”

City corporate communications manager Mr Michael Chideme yesterday warned home-seekers against making any form of payment for council land to third parties.

“There is a ban from Government stopping cooperatives from collecting money from residents because there is going to be a re-organisation of all these settlements where people are illegally settled,” he said. “Continuing to take money from people is cheating, it is thieving because what is that money going to work on?

“If there is going to be re-organisation, it means that whatever they are going to be investing on now is illegal and those people are just fleecing the public. The people who should know best are the residents. They should take messages from council seriously because those messages have weight in them.”

Mr Chideme said council had given enough warnings to home-seekers and it was the correct time for people to desist from paying through third parties.

Mnangagwa recently signed into law the Land Commission Act, paving way for the establishment of a commission that will advise Government on land management and carrying out periodic audits following rampant abuse of land, especially in major cities.

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THE Transition Justice Working Group (NTJWG) is working on a policy document to help speed up the peace and reconciliation process in the country and help communities find closure on disturbances that affected them in the past.

In an interview during the three-day 2018 transitional justice symposium that ended in Bulawayo last Friday, Reverend Ray Motsi, who is the thematic leader for memorialisation in the NTJWG, said national healing was important for Zimbabweans.

“This symposium is meant to help Zimbabweans and neighbouring countries to understand what is going on in Zimbabwe in terms of transitional justice. We’re also trying to come up with a policy document that is a guideline for everybody who wants to be involved in issues of transition justice.

“When we talk about transition justice, we mean the fundamental issues that have to be dealt with before we get any meaningful change in the country,” said Rev Motsi.

He said the symposium brought together different organisations to discuss issues that are limiting Zimbabweans from being able to move on.

“We have key civic society leaders, representatives from embassies, African Union and civic study for violence and reconciliation in South Africa. We also have other African countries which include Kenya and Uganda and representatives from political parties,” said Rev Motsi.

The NTJWG deputy chairperson, Mr Paul Themba Nyathi, said the symposium was important in the prevailing Zimbabwean environment as it was meant to produce a people-driven transitional justice policy.

“As we’re all aware, the constitution of Zimbabwe established the National Peace and Reconciliation Commission (NPRC).

“This was recognition of human rights and that we have to map the way forward on issues of human rights violations,” said Mr Nyathi.

He urged participants to seriously consider standing up and actively participating in national processes to hold leaders accountable and to benefit from contributions to national processes.

NPRC chairperson Retired Justice Selo Nare explained to the participants the functions of the commission and the key issues involved in reconciliation.

“The condition for healing is truth, forgiveness and reconciliation. Reconciliation requires acknowledgement of the injury by the aggressor and entails restoring relations that are free from yesterday’s hurt.

“It’s about developing new relationships and new attitudes. Reconciliation is the meeting point between past pains and the future,” said Retired Justice Nare.

During their discussions, participants at the symposium said there was a need for shadow policies and commissions to mirror Government appointed commissions.

They said there was also need to include victims in the transitional justice process.

State Media

THE Zanu PF youth league yesterday described the protest against the worsening economic situation in the country by the opposition as “frivolous” and accused the MDC of being responsible for the deteriorating situation.

MDC leader Nelson Chamisa on Monday announced that his party would stage a mass protest tomorrow over the deteriorating economic situation under Zanu PF rule, increased taxation, fuel shortages, and “stolen” elections.

But Zanu PF youth secretary Pupurai Togarepi said the opposition party was overstretching the ruling party’s patience by protesting on flimsy reasons just to derail President Emmerson Mnangagwa’s development agenda.

He said the opposition was abusing the democratic space guaranteed by Mnangagwa, adding he had already mobilised youths to protect party property during the demonstration.

“We noted with concern that the opposition is planning what they call a peaceful march on November 29, 2018 in Harare,” Togarepi said.

“The purpose of this so-called peaceful demonstration is to cause mayhem and despondency in our peaceful Zimbabwe as what happened on August 1, 2018. We don’t say people should not demonstrate, but not demonstrate without good reasons. The economic reasons are frivolous. After all, they invited sanctions to the country and always want to blackmail the country and deny it of investors.”

The Zanu PF youths “restrained ourselves” during the August 1 protests to respect peaceful co-existence, he added.

“In view of the impending demonstration by ‘thugs’ and ‘stupids’, we would like to encourage the general citizenry and the business community to safeguard their property against the merchants of violence who engineered the same on 1 August 2018. On its party, the league will safeguard the property against any harm. Any attempt to destroy property belonging to the party will not be taken lightly,” Togarepi said.

Asked what he meant by protecting and resisting any attempt on the party’s property, Togarepi said the youths guarding the party properties would be vigilant and report any threats to the police.

“For the moment, we are protecting our property and I hope nobody will provoke us into any confrontation. We are peaceful people led by a peaceful man, President Mnangagwa.”

He said the protests were an attempt to force Zanu PF into negotiations for a unity government, which destroys the whole process of holding elections when “losers want to impose themselves into power”.

Togarepi said the party was also ready to defend its victory in the just-ended elections if it becomes threatened.

NewsDay

Terrence Mawawa| Mr Nick Van Hoogstraten (NVH), the second largest shareholder of Hwange Colliery Company Limited is set to appear before the Temba Mliswa-led Parliamentary Committee on Mines and Mining Development on 3 December 2018 in the wake of the ongoing saga regarding the facts and circumstances of the unilateral decision by Honourable Ziyambi Ziyambi to issue a reconstruction order in relation to the company.

Mliswa informed his colleagues in the Committee as follows: “On another note I received a call from Van Hoogstraten who said he had come all the way from London to appear before us. I subsequently advised him to come before us next Monday at 09:00hrs. Please note accordingly.”

The request by NVH to appear before the Committee flies in the face of the opinion by the Attorney General, Mr. Prince Machaya, that Parliament does not have the jurisdiction in respect of a company that has been placed under reconstruction.

The control and management of Hwange is now vested with an Administrator who was appointed by Ziyambi Ziyambi in his capacity as the Minister of Justice, Legal and Parliamentary Affairs who is vested with the power to substitute the Courts by issuing an order that has the same force and effect as any judicial order.

It is not clear at this stage what would be the angle that NVH would want to share with the Committee but it has been established that an application for the confirmation of the reconstruction order is now before the Court.

Ms. Miriam Mutizwa, a member of the Friends of SMM (FOSMM), the first targeted company in 2004 for this extrajudicial reconstruction had this to say: “Mr. NVH may not know what I now know that this application to confirm an order issued by the Minister of Justice in relation to Hwange is a final order disguised as a precursor to a court order. It is meant to create the impression that the Ministerial order is meant to address an emergency in order to justify why the role of the Courts in issuing all orders is sidestepped. I have had the opportunity of following the SMM matter closely since the placement of Hwange under reconstruction and I must say that there can be no moral, legal and constitutional basis for a creditor to help himself by writing his own law and then seek to enforce it with the complicity of the Courts.”

Mr. Chitambo, the Secretary General of FOSMM said: “I have listened to what the AG had to say to the Parliamentary Committee.  It is clear that he lied about the effect of the reconstruction order on the rights of shareholders and creditors.  In respect of a judicial management order, all the affected parties are served with the papers.  No creditor approaches the Court after the fact.  Both a creditor and a debtor approach the Court without any shackles created by another litigant.  In this case, the Minister approaches the Court as an Applicant in respect of a company that he has no control or interest in.  It is the Minister that is the Applicant who approaches the Court to confirm a decision he would have made outside the four corners of the Court yet the AG considers this to be in line with constitutional prescripts.

We have an application pending before the Courts in the name of FOSMM challenging the legality and constitutionality of the Reconstruction Act.  In the case of SMM, the then Minister of Justice, Hon Chinamasa, admitted that he had not notified the company’s shareholders and creditors before issuing the order.

In addition, when the SMM reconstruction order was issued, the Act did not exist. A decree was promulgated by former President Mugabe that was used to justify the extrajudicial issuance of a limiting order.

In the case of SMM, the reconstruction order was confirmed after more than 13 months by a judge in chambers.

No shareholders and directors were informed of the fact that an application was launched and the order was, therefore, granted without the participation of the company’s stakeholders.

It is the case that in respect of Hwange, an application for confirmation has been issued within the prescribed time frame largely because of the attention the matter has received.  Notwithstanding, the company is under the control of the Minister who is also the Applicant.  There is no provision for the order to be rescinded or canceled by a Court of law.  It is only the Minister who has the power to amend or vary it. The court’s role is only limited to confirming the Ministerial order.”

Below is a copy of the application by Hwange for judicial management and it will be noted that the such an application is made by the Company and the papers are served on all the parties relevant in the matter.

Notwithstanding the above, the AG believes that it is permissible for a creditor to seek to self-help with the assistance of a dedicated law.  Although he accepts that in the case of judicial management, it is the Court that appoints the Judicial Manager, he is of the view that as long as the creditor is an organ of state, preference should be condoned despite the limitations imposed by the constitution.

Asked whether there was a need to align the Reconstruction Act with the 2013 Constitution, the AG said that alignment would only be necessary if the Act is deemed to be inconsistent with the Constitution. However, his considered view is that there is nothing wrong with a law that offends the audi partem principle.

POLICE in Mutawatawa have arrested a 34-year-old Maramba woman, who allegedly killed her husband following an altercation over their child’s graduation fees.

Nomove Chaparadza (30), of Dzumbunu village under Chief Chirinda, in Maramba died on the spot after he was allegedly hit by a stone on the head by his first wife, Nancy Mhako, following a misunderstanding over money.

Mashonaland East provincial police spokesperson Inspector Tendai Mwanza confirmed the incident.

“Police are investigating the death of a Maramba man, who died on the spot after he was allegedly hit with a stone on the head by one of his wives,” he said.

According to the police, on November 17, at around 5pm, Chaparadza was at home with his second wife, Angeline Kanyasa (29), when Mhako asked him to accompany her to their matrimonial homestead in Mushambi village since he had spent three weeks with his second wife.

Chaparadza complied.

While on their way, Mhako reportedly asked for money for their child’s graduation fees and food, but Chaparadza said he did not have any, resulting in a physical fight.

Chaparadza fled from the scene, but Mhako gave chase and hit him with a stone on the back of the head, killing him instantly.

Nearby villagers made a report at Mutawatawa Police Station, leading to Mhako’s arrest.

POLICE in Gweru on Monday evening fired teargas to disperse crowds in the city’s central business district after violent clashes with vendors who were resisting confiscation of their wares.

The skirmishes, which left scores of people injured in a stampede as onlookers scurried for cover to escape the tear smoke, happened along Robert Mugabe Avenue, near the Kudzanayi long distance bus terminus.

When Southern Eye news crew arrived at the scene, an elderly woman was lying motionless amid reports she had collapsed after choking on tear smoke.

Members of the public could be seen running along the streets with the combative police milling around the scene armed with rifles.

Eyewitness said all hell broke loose when one of the vendors whose wares had been confiscated threw himself in front of a vehicle that was being used by the police officers in the operation and challenged the driver to run over him.

“Generally, there seemed to be tension between the vendors and the police. When one vendor threw himself in front of the vehicle that was being used by police in the operation, hordes of people mobbed the cops, demanding answers as to why they were being insensitive. People started whistling and shouting during the commotion. So police fired teargas to disperse the crowds, who were protesting against their actions,” an eyewitness who declined to be named said.

Another eyewitness, Job Ngirandi, who is a vendor, said the police’s actions of confiscating vendors’ wares triggered their actions.

Vendors last week petitioned Midlands Provincial Affairs minister Larry Mavima to recover their wares they say were valued more than $40 000, which were confiscated by police last week.

Gweru Vendors’ Association chairperson Lovemore Reketayi Tingaka told Southern Eye that the latest incident was unfortunate and will be raised when they meet Mavhima on December 4.

“I was at my vending stall in the rank when the Monday incident happened. I just saw smoke all over the place and within a short space of time, I saw people running into the rank in huge numbers. We have raised concern over the use of excessive force and the unfair operation by the police with the minister and we will meet him on December 4 as per his request. People whose wares were confiscated last week are yet to get them back,” he said.

Midlands police spokesperson Inspector Joel Goko was said to be out of office when sought for comment. His mobile phone was unreachable.

NewsDay

By Own Correspondent| Opposition MDC has blasted presidential spokesperson George Charamba for his statements placing responsibility to the party for injury or damage to property arguing that it was the duty of police to protect protestors.

In a statement, MDC said:

Our attention has been drawn to media remarks by Mnangagwa’s administration through George Charamba, Deputy Chief Secretary to the President and Cabinet (Presidential Communications), who also doubles as the Presidential spokesperson, who is reported to have said the “onus is on the MDC to ensure there was no injury to life and damage to property” during the people’s demonstration organised by the MDC for this Thursday against the administration’s failure to turnaround the deteriorating economic situation in the country.

The MDC notes with grave concern that Mnangagwa’s administration has in recent weeks been coming out in its full Stalinist colours with all manner of gestapo threats to citizens ranging from plans to illegally withdraw licences from retailers and pharmacies struggling to survive under impossible operational conditions created by the administration; to prosecution of citizens under medieval insult laws on outrageous allegations of undermining the authority of the President; to brutalisation of honourable Members of Parliament for not standing up to honour the President in Parliament.

There’s a de javu ring to this palpable Stalinist wave sweeping across the country to the detriment of the constitutional rights of the people. Zimbabweans have seen it all too many times over the last 38 years of Zanu PF’s entrenched misrule.

While Mnangagwa’s administration claims to be a Second Republic underpinned by new freedoms for the people, its Stalinist streak shows that it is just a Second-hand Republic in the same old order whose first hand was Robert Mugabe. Nothing has changed. In fact, things are getting worse as Stalinist tyranny becomes the order of the day.

Regarding the people’s demonstration set for this Thursday, Mnangagwa’s administration must respect the clear provisions of s59 of the Constitution which stipulates that “Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully”.

While, as always, the MDC is committed to a democratic and peaceful demonstration, there’s nothing in the Constitution or in any statute that places the responsibility for maintaining law and order on peaceful demonstrators or petitioners.

The Stalinist claim by Mnangagwa’s administration that “our laws place a burden on the organisers of that demonstration to make sure there is no injury to life, limb or property” is patently unconstitutional, false and sinister.

Section 219 of the Constitution of Zimbabwe clearly and squarely places the responsibility of “protecting and securing the lives and property of the people”, and “maintaining law and order” on the Police Service which is required to discharge its responsibility by being “non-partisan, national in character, professional and subordinate to the civilian authority as established by [the] Constitution”.

The sinister intentions of Mnangawa’s administration are betrayed by its unconstitutional and scandalous charge that, because the MDC has called for the demonstration, “…we [the administration] will assume that all demonstrators belong to them [the MDC].

So, we hold them fully and squarely accountable. They are liable jointly and severally.” Given the clear provisions of section 219 of the Constitution on who is responsible for protecting and securing lives and property of the people, these are the shameless views of a Stalinist administration that is going rogue.

Law abiding Zimbabweans have been forewarned that Mnangagwa’s administration is planning to infiltrate the demonstration on Thursday to threaten lives, security and property of the people as part of the administration’s unconstitutional and sinister intentions to deny the people their right to demonstrate and present petitions peacefully.

The people and international community should take note of the threats conveyed through Charamba and hold Mnangagwa’s administration accountable in terms of the Constitution and relevant international law.

The Onus is on the police to tell the MDC if there are people who want to infiltrate and cause commotion – that is why we notify the police in advance.

It is the same police that has to protect the MDC demonstrators from agent provocateurs who may be placed in our midst. It is them who are constitutionally enjoined to ensure every demonstrator is safe while they are demonstrating.

They must facilitate the constitution and not threaten or frighten us from demonstrating.

In any case, anyone who damages property has personal liability. Our intention in the demonstration are as contained in the letter we gave to them and ours is to peacefully demonstrate.

Anyone who does anything contrary to what we wrote is not part of us and it is therefore, incumbent upon the police to stop and arrest those particular individuals.

By Paul Nyathi|ZANU-PF candidate Obert Mutandinda Simunye romped to victory in the Chegutu Ward 16 by-election on Saturday to reclaim the seat left vacant following the death of Councillor Silas Chikati.

Cllr Simunye garnered 326 votes to beat Norwell Tichaona Muchenje of the MDC-Alliance, who got 89 votes and Patricia Mapfurira of the National Constitutional Assembly, who picked up just 13 votes.

There were three polling stations in the ward at Mbuya Nehanda Clinic, Mukwasha Primary School and Waze Primary School.

At least 430 people turned up to vote, representing 56,2 percent of registered voters.

Zimbabwe Electoral Commission Mashonaland West provincial elections manager Mr Austin Ndlovu said the elections went on smoothly.

“It was a very peaceful election with isolated and unsubstantiated cases of alleged intimidation which were unanimously dealt with during our multi-party liaison committee meetings. The commission delivered a credible election,” he said.

Mr Ndlovu said voting started and ended on time, with only two votes being rejected, representing about 0,5 percent of the total votes cast.

The seat became vacant when the incumbent caouncillor died in a road accident days after being elected in the July 30 harmonised elections.

A Buhera woman who went into a bush to have sex with her married lover was left disfigured after hyenas attacked the pair. Jeserinda Mashatise (48) who resides near Nechava School had half of her face munched by the pack of scavengers.

Mashatise left her home informing her husband that she was going to the borehole to fetch water. She went to meet her lover Dickson Ham andishe (44) and they went into a bush for a quickie. While they were having sex a pack of hyenas pounced.

Hamandishe fled naked and climbed up a tree for safety leaving the animals to feast on Mashatise. Herdsmen who had Mashatise’s wails rushed to the scene to assist. They threw stones and used a bow and arrow to scare off the animals. One of the hyenas was killed. Mashatise is in intensive care at Murambinda Hospital.

-ZimbabweMail

A nurse who claimed she was “showered” with luxury gifts by her wealthy fiancé hurled her engagement ring across court as she was ordered to pay him back more than £100,000 (US$127,000).

Zimbabwe-born Trish Garikayi, 37, claimed she was a “kept woman” during her six-year relationship with 58-year-old businessman Wisdom Penfold, receiving presents including a Porsche 911 and a £100,000 diamond bracelet from Mayfair jewellers Aspreys.

Wisdom Penfold was hospitalised after finding Zim nurse in bed with another man.

However, Penfold insisted Garikayi “misappropriated” money while he was blinded by love, spending large sums that he had earmarked for them to buy a home together.

The couple split in 2015 when Penfold found her in bed with another man, leading to a bitter court fight over money.

Judge Alexander Hill-Smith recently ruled in Penfold’s favour, ordering Garikayi to pay back £116,000, hand over 20 per cent of her £340,000 home, and settle £62,000 of legal bills.

Zimbabwe-born nurse Trish Garikayi
After the judge said Miss Garikayi had her “eyes firmly on winning the case” and he did not believe her evidence, she took off her £2,500 engagement ring and threw it across the courtroom towards Penfold.

The businessman, a tree importer and exporter, calmly picked up the discarded jewellery and handed it to his solicitor.

Central London county court heard the couple got together after meeting in a hospital cafe in 2009, and they became engaged four years later.

But Penfold was left devastated when he returned home in 2015 to find Garikayi in bed with another man, and was so shaken up he needed to be rushed to A&E.

Garikayi claimed the couple had already split, but Judge Hill-Smith said he believed Penfold’s “compelling” account of the end of their “perfect” relationship.

The court heard £218,000 had been paid into Miss Garikayi’s account after Penfold sold two investment properties, but she insisted it was a gift because “if I wanted something, I would get it”.

“The nature of the relationship was one where Penfold bestowed and showered Garikayi with lavish gifts”, argued her lawyer Chike Ezike.

It was claimed Penfold whisked her away on luxury holidays to Paris, Spain, Indonesia, and Dubai, and bought her a Porsche, a BMW and a Mercedes and the £100,000 bracelet.

But Penfold denied being so generous:

I think if I gave £100,000 for a bracelet I would quite remember it. I think it would be welded in my brain for the rest of my life.”

He accepted buying Garikayi presents, including a Burberry coat and Jimmy Choo shoes, but denied handing over large sums of money or ever buying her a car.

His barrister Richard Alford said Garikayi insisted on the £218,000 deposit into her account to mark “the seriousness of their relationship”.

“He did as requested, instructing her that the funds were to be held in the account and not used unless he said so”, said Alford.

However, Garikayi then spent money on herself, including £91,000 to buy a property in Harare without his permission, the court heard.

The judge ruled that Penfold had also paid a £35,000 deposit on Garikayi’s property in Guildford which she bought for £275,000 in 2015, and funded refurbishments and two mortgage payments. This spending now entitled him to a share of the property.

The judge said the Zimbabwe house purchase was “in breach of trust” as he ruled in Penfold’s favour on his financial claims.

Garikayi now has six months to buy her ex out of the Guildford property or it will be sold and the proceeds divided.

Following the ruling, she was ordered to pay £30,000 of Penfold’s legal costs within three weeks and was told lawyers will seek to ultimately double that bill.

— Standard UK

Own Correspondent|Tawona Shadaya who has been up and down the court in Harare after retweeting a tweet allegedly written by ZEC Chairperson Priscilla Chigumba has been set free by Harare Magistrate.

Shadaya saw the magistrate remove his case from trial after Chigumba failed to appear before the court to testify against him.

The State led by prosecutor Sebastian Mutizirwa had long indicated that it would serve Chigumba with the State papers so she could testify in court but it was to no avail.

Until Chigumba comes forward to testify, Shadaya is a free man and if there are any changes, the State will proceed by way of summons to him and this is highly unlikely.

The State alleged that Chigumba failed to come because the police could not furnish her with the court papers even after they had made efforts to do so. The State pleaded with the court to grant them a further postponement of the matter.

However, Shadaya’s defence counsel had put the State on notice and as they had promised, they made their application opposing further postponement and for the matter to be removed from remand.

“We opposed to the State’s application since last time we notified the court that if the complainant failed to appear before court to stand as a witness we cannot proceed but seek that the accused should be removed from remand.

“The State has been making the same excuse and there is no guarantee that the complainant is going to avail herself before court. When the state is ready they should call us and we will be available,” he said.

Shadaya was being represented by Zimbabwe Human Rights Lawyer Noble Chinhanu. Initially Shadaya had pleaded guilty indicating that he had been drunk when he retweeted the tweet, but he successfully applied to change his plea to a not guilty one. During their application for change of plea Shadaya’s defence counsel submitted that his only crime was retweeting a tweet which he believed to have originated from Chigumba herself.

“In the event that the retweet was from a legitimate account, then there is no offence to talk of, he would have simply repeated what Chigumba would have said and that is not an offence.

“He is not facing charges of creating the ‘fake’ account and tweeting anything under the guise that he is Chigumba, all he did was simply retweet what had been said and he did not edify the message.”

It is the State’s case that sometime in August, an unknown person created an account in the name of Chigumba, the complainant in the case.

In the same month Shadaya allegedly retweeted an offensive message from the account. It is alleged that his conduct soiled Chigumba’s dignity. Chigumba was allegedly alerted by a friend who came across the message on Twitter. She however denied having a twitter account.

THE Supreme Court yesterday confirmed the death sentence on a Binga man who axed his wife 11 times and chopped off her head before hiding it in a cardboard box following a domestic dispute.

Wonder Munsaka (33) of Zenka Village under Chief Siabuwa was last year convicted of murder with actual intent by Bulawayo High Court Justice Nokuthula Moyo and sentenced to death by hanging.

Munsaka axed his wife of 10 years, Fortunate Mutale (23) on the forehead, right palm and finger before chopping off the head in October 2014.

Supreme Court judge Justice Antonia Guvava sitting with Justices Rita Makarau and Francis Bere on circuit in Bulawayo dismissed his appeal, saying the bench was satisfied that Justice Moyo could not be faulted for passing a death sentence given the circumstances under which the offence was committed.

“The assault upon the deceased was vicious and protracted and the injuries were inflicted by the axe and directed at her head. The appellant struck the deceased no less than 11 times,” said Justice Guvava.

She said Munsaka’s version of events was contradictory, an indication that he changed his story as the trial progressed Justice Guvava said Justice Moyo’s exercise of discretion to impose the death penalty in the circumstances could not be impugned since the murder was committed in aggravating circumstances.

“The murder was committed in aggravating circumstances. Accordingly, we are of the unanimous decision that the appeal both against conviction and sentence lacks merit and it is hereby dismissed,” she ruled.

Munsaka, through his lawyers Shenje and Company, conceded that the conviction was proper. He however, sought an order for a life imprisonment, arguing that the sentence imposed by the High Court induced a sense of shock.

“Wherefore, the appellant seeks to impugn his sentence and pray that it be set aside and substituted with a sentence of life imprisonment,” said Munsaka’s lawyers.

Chief Public Prosecutor Mrs Tariro Rosa Takuva, in her head of argument, said the death sentence was proper since the murder was committed under aggravating circumstances.

“It is common cause that the murder was accompanied by mutilation when the appellant relentlessly struck the deceased with an axe to the point of decapitating her head. The murder was committed in aggravating circumstances and the death sentence is therefore appropriate in the circumstances,” she argued.

According to State papers, on October 7 in 2014 at around 9PM, Munsaka and his wife had a domestic dispute at their matrimonial homestead.

He got angry and struck his wife using an axe once on the forehead, right palm and finger and behind the right ear. Munsaka also struck her on the upper lip and nose.

During the scuffle, Mutale bolted out of the kitchen screaming for help with her husband in hot pursuit.

She fell down and Munsaka chopped off her head with the axe. He put the head in a large cardboard box and hid it under their bed.

After committing the crime, he went to Nabusenga Dam where he washed his blood-stained clothes and the axe.

Ms Agnes Mutale, a neighbour who heard the deceased screaming for help went to Munsaka’s grandmother, Ms Mavu Mwinde’s homestead and notified her.

Ms Mwinde went to her grandson’s place and found the deceased’s body lying in a pool of blood in an open space in the yard and the head was missing.

A report was made to the police who combed the house and found the head hidden under the bed.

According to post mortem results, the cause of death was spinal cord injury, decapitation, chop wound and homicide.

Munsaka took his two minor children to his parents’ home where he intended to leave them before he could proceed to Zambia.

However, when he returned he found neighbours and the police officers gathered at his homestead. He tried to flee but was apprehended by the police officers.

Prior to the trial, Munsaka in 2014 claimed that he was mentally unstable prompting the courts to send him to psychiatrists for examinations.

Dr Nemache Mawere, a psychiatrist who examined Munsaka concluded that he was mentally stable.

State Media

Correspondent|HERBERT Shumbamhini, the owner of Devonia Farm situated along the Mutoko Road in Goromonzi district, has been taken to the High Court by the Zimbabwe Electricity Transmission and Distribution Company (ZETDC), over an unpaid electricity bill of $54 857.

“The defendant (Shumbamhini) is indebted/liable to the plaintiff (ZETDC) in the sum of $54 857,28 being charges in respect of power/electricity supplied by the plaintiff to the defendant at the latter’s special request and instance in terms of the running electricity supply contract between the two …,” the ZETDC said.

“The defendant has failed, neglected and/or refused to pay the above sum/amount despite demand.

“By reason of the said failure, neglect and/or refusal to pay the above sum/amount, the defendant is obliged to pay the same with interest thereon at the prescribed rate which is currently 5% per annum.”

According to court papers, Shumbamhini is yet to respond to the litigation.

Divonia Farm is located near Juru Growth Point. In 2014, Mugabe’s in-laws, the Chikores, took over about 600ha of Divonia Farm before elbowing out their neighbour, Shumbamhini, as they extended their hectarage.

Shumbamhini, who is also the ZANU PF Mashonaland East political commissar, became homeless after the invasion of the 350-hectare sub-division of Divonia Farm.

When President Emmerson Mnangagwa came tovb power, Chimhini took back the farm. He was currently resuscitating the infrastructure that was allegedly vandalised during his absence when the ZETDC slapped him with a lawsuit.

A number of politicians have been taken to court over chocking bills to utility providers in the past few months.

Last week, ZETDC approached the High Court seeking an order to compel Mkwasine Estate to garnish losing MDC Alliance candidate for Mwenezi East, Kudakwashe Bhasikiti’s sugar cane account over an unpaid $133 000 electricity bill.