By Terrence Mawawa, Masvingo|A Bikita man has left the local community shell shocked after brutally killing his son for farting .
In a cold blooded murder incident, Solomon Musaengana of Musaengana village stunned local villagers after bashing his grade 7 son over farting.
According to a police report the incident happened last Sunday night when his son Munyaradzi farted in the kitchen sending his father into a fit of rage.
Narrating the sad ordeal a relative to the family said Musaengana charged at the child and killed him by crashing his head against a rock outside their hut.
“Munyaradzi had just returned from herding cattle so his mother gave him sadza to eat and he farted in the process.Her mother chased her out of the kitchen and Musaengana followed him, caught the boy and crashed his head against the rock.Musaengana continued to assault the boy with a whip until he collapsed and died instantly ,” said the relative.
Musaengana who has since been arrested claimed he wanted to teach his son conventional rules of social behaviour.
Musaengana ‘s wife screamed for help as her enstranged husband brutally killed their son.By the time local villagers arrived Munyaradzi was already dead.
Kraal head Musaengana said the incident was attributed to demonic possession.
“We are still in a state of shock and I strongly believe the incident happened as a result of demonic influence,” he said.
The police here have also expressed concern over the increase of murder cases across the province .

A HOPE Fountain man who clobbered his father to death with a knobkerrie while his mother watched helplessly, has been freed after the High Court ruled that he was mentally unstable when he committed the brutal killing.
Vulindlela Ncube, 41, fatally assaulted his father Enos Ncube, 64, after accusing him of bewitching him. Vulindlela of Village B, will however, be restricted to a special institution to receive medical treatment after Justice Francis Bere of the Bulawayo High Court passed a not guilty verdict.
The judge ruled that Vulindlela could not be held legally responsible for killing his father as he was mentally ill at the time of committing the crime.
Justice Bere returned a special verdict of not guilty to a murder charge because of insanity in terms of the Mental Health Act. Medical reports compiled by psychiatrists showed that Vulindlela was suffering from mental health problems when he killed his father.
“From the evidence given in court, Vulindlela was examined by psychiatrists and the medical report showed that he was suffering from a mental disorder. He has been found not guilty of murder by reason of insanity and therefore can’t be held legally responsible for his actions,” ruled Justice Bere.
The judge said Vulindlela was a danger to society and ordered him to be taken to a mental health institution for further treatment.
Prosecuting, Whisper Mabaudhi said on May 14, 2010 shortly after 5.30PM, Vulindlela arrived home from a beer drink and proceeded to the sitting room where he took a teapot and a mug.
The court heard that when his father took a knobkerrie and rebuked him, Vulindlela became violent and he disarmed his father and started assaulting him.
“Ncube fell down and Vulindlela struck him in the face and forehead until he died,” said Mabaudhi.
Vulindlela’s mother alerted her neighbours and they came and apprehended Vulindlela. A report was made to the police leading to his arrest.-Newsday

By Terrence Mawawa Masvingo|School pupils at Zimondi Secondary School in Chikomba District teamed up with the local community and boycotted lessons in protest against the school head who is being accused of corruption and fraud.
At least 200 pupils at the school refused to attend lessons last week protesting against the headmaster Isaac Huruva who is being accused of corruption and fraud.
Huruva who was on suspension last year for allegedly defrauding the school of $ 12 000, resurfaced this term, irking the parents and the pupils .
The pupils refused to attend lessons demanding Huruva’s resignation, reports state. “About 200 pupils refused to attend lessons demanding the school head’s resignation. Only 40 pupils attended lessons and we hope there will be sanity. There are allegations that the headmaster siphoned money from the school coffers and the matter is being investigated,” said a source at the school.
Chikomba District Education officer Ngoni Mujuru confirmed the incident and claimed the poor attendance was common during the opening weeks of the school term.
However ZimEye.com is reliably informed Huruva appeared in court last year on allegations of fraud and the headmaster is also expected to appear before the Ministry of Primary and Secondary Education investigating team in the district this month.

A  Harare court heard that a man beat his wife for allegedly practising witchcraft and possessing goblins.
Fiona Murisa yesterday appeared before magistrate Mrs Marehwanazvo Gofa saying her husband, Callisto Mujera, who is a police officer, accuses her of possessing goblins which are blocking his success.
Murisa, who was seeking a protection order, claimed that Mujera has barred her relatives from visiting their matrimonial home, accusing them of being witches out to hurt him.
“He is my husband ,but he assaults me saying that I am a witch,”.
“He also rebukes me calling me all types of derogatory names such that I had to leave our matrimonial house because I could no longer stand his abuse. I want him to be barred from coming to my house because he will assault me again,” Murisa said.
Her husband, Mujera denied the allegations and told the court that Murisa was the one abusing him.
“She is lying before the court and I wish the court to grant a reciprocal protection order because she also abuses me,” he said.
She tries to turn my children against me, by telling them bad things.
“She tells our children that I am a promiscuous man. I cannot be banned from going to her house as she has told the court because she is living at a college where I am doing my studies,” Mujera said.
The magistrate ordered Mujera to stop abusing his wife and accusing her of witchcraft and possessing goblins as he does not have any evidence. –  State Media

Three political party leaders alleged to have made PDP leader Tendai Biti their chief negotiator, have dismissed the news report as false and misleading.
Below is their full statement:
The Renewal Democrats of Zimbabwe (RDZ), the National Constitutional Assembly (NCA) and Zapu hereby advise their members and the general public that the story under the bylines of Elias Mambo and Wongai Zhangazha published by The Zimbabwe Independent (22 January 2016) stating that our respective parties agreed at a recent meeting to appoint the President of the People’s Democratic Party (PDP), Tendai Biti to be the chief negotiator for and on behalf of our parties with the yet to be formed People First is totally false and a complete fabrication in every respect without any factual foundation. No meeting of the parties mentioned in the story took place nor have the parties agreed on any engagement with People First let alone on the appointment of any person to represent them in such alleged engagement.
While we as progressive democratic parties recognize and accept the imperative of like-minded political parties who share the same values in words and deeds, to join forces in order to find common solutions to the challenges facing our people and save them from the suffering brought upon our nation by the ZANU PF regime we don’t believe that this purpose is in anyway served or advanced by the giving and publication of false stories.

Brawling post-congress Zanu PF bigwigs have opened another battlefront in their party’s seemingly unstoppable factional and succession wars, this time exchanging deadly barbs over the government’s unfulfilled bonus promises to restless civil servants.
At the same time, the continued inability by the broke State to pay its employees their promised 13th cheques for last year is raising fresh tensions, with disaffected public sector doctors, nurses and teachers threatening to embark on debilitating mass actions over the issue.
Well-placed Zanu PF sources told the Daily News yesterday that the thorny bonus issue had become a “poison-laced game of poker” in President Robert Mugabe’s ruling party, with many bigwigs taking positions over the matter that merely advanced their faction’s interests.
“The war has now moved to bonuses and it’s literally a free-for-all at the moment. The sad thing is that many of those diving in to throw punches are only interested in their factional interests and not the civil servants or the welfare of the country.
“The fact is that there are two irreconcilable issues at play here. The first is that the economy is in serious distress and the government is broke, which means that it cannot afford the bonuses.
“The second is that the president did promise civil servants their 13th cheques, which means that the money must be found somehow. So, something has to give — hence the current poison-laced game of poker among the various party factions over the issue,” an insider said.
Zanu PF spokesperson Simon Khaya Moyo deftly kicked the sensitive issue for touch when approached for comment yesterday, referring the Daily News to the government, which he said was best-placed to offer insights into the matter.
“We cannot comment on the matter, since the minister (Public Service minister Prisca Mupfumira) has already made statements on that,” Khaya Moyo said.
A forthright Mupfumira said on Tuesday that the issue of bonuses for civil servants was not a priority at the moment for the cash-strapped government, which is battling to raise funds to feed millions of citizens facing starvation.
She also said that she was not sure when the money for bonuses was going to be made available by the fiscus — although she reiterated the government’s commitment to fulfil Mugabe’s promise.
“It is a matter of priorities my son, people are starving out there and government has no money. So, the priority at the moment is to feed the people.
“I urge civil servants to be patient because like we said, we are committed to paying (them their bonuses) because the president said we must and now it’s a matter of when not if.
“We do not have a date yet because of the other things we are grappling with, but treasury is looking for the money and once it is there, they will be paid. We all need bonus, don’t we?” Mupfumira said.
To underscore the boiling factional war over the bonus issue, an outspoken Zanu PF activist aligned to embattled Vice President Emmerson Mnangagwa’s faction, Energy Mutodi, has savaged politburo member Jonathan Moyo over the matter.
He said contrary to recent suggestions by the Higher Education minister that 13th cheques should not be a right, the government should pay the outstanding bonuses as soon as possible.
“The statement by Higher Education minister Jonathan Moyo in which he said that bonus was not a right for government workers and that some civil servants did not deserve it because they are ‘drunkards and non-performers’ is unfortunate and should not have been said by a Zanu PF minister and a politburo member,” Mutodi posted on his Facebook page.
And twisting his factional knife in, he claimed that ever since Moyo had made the remarks, there had allegedly been disquiet among civil servants who felt let down by the government.
“The statement by the honourable minister has given a wrong impression that government has a callous unconcern (sic) for the civil servants who have for a long time endured economic hardships emanating from economic mismanagement and poor policies by government among other factors such as sanctions.
“The failure to pay bonuses is just one symptom of failure on the part of government and if professor Moyo was an alert and hardworking minister, he should have argued for the reversal of the destructive policies that continue to harm the economy such as the indigenisation policy that is scaring away investors,” Mutodi charged.
In the meantime, spokesperson for the Zimbabwe Hospital Doctors Association, Francis Rwodzi, told the Daily News yesterday that since the government was reneging on its bonus promises, it should brace for strikes in February.
“We embarked on a strike and after we were paid our December salaries we made a statement that we will not be able to render our services if our bonuses were not paid and we will down tools in February,” Rwodzi said.
At the same time, the decision by the government to order all teachers on leave to immediately return to work has angered teachers unions who say the directive is illegal and that they will challenge it in court.
According to a circular that has been delivered to all schools around the country, the Public Service Commission intends to visit schools to ensure that teachers comply with the order.
Zimta Chief executive officer Sifiso Ndlovu has said the directive is a violation of leave conditions for teachers, adding that his union will approach the courts to seek redress.
He also said that the circular had come at a time when teachers were worried about whether they would get their promised bonuses.

FOR FULL STORY READ HERE – Mugabe Family Arrival Triggers Demolishing of Airport Rd Homes

Houses along Airport Road have been demolished following a notice given to residents late last year.
The residential area was declared illegal as houses were built on Civil Aviation Authority of Zimbabwe (CAAZ) property.
The Harare City Council has embarked on an exercise to demolish all illegal structures across the city with the latest demolition being of illegal settlers along Airport Road.
The settlement along Airport Road has been declared illegal as the land is reserved for the expansion of Harare International Airport. The settlers were notified by the city fathers of the intention.
Settlers in the area complained on the decision by the local authority citing non-communication while also alleging that their funds have been abused by land barons.
Harare has seen the emergence of illegal settlers since the adoption of the multi-currency system with land barons being accused of duping desperate home seekers of the hard earned cash.State Media

A SELF-STYLED prophet from Silobela operating in Filabusi allegedly raped a Grade 5 pupil who had been brought to him for prayers because she was sleep-walking and having nightmares.
This came to light yesterday when Nyasha Hadebe, 28, was arraigned before Gwanda magistrate, Sheila Nazombe, facing two counts of rape. Hadebe was not asked to plead and was remanded in custody to January 26.
Prosecutor, Takunda Mafudze, said sometime in November 2015, the minor was sent to Hadebe’s home for treatment as she was sleep-walking and having nightmares. During the same month, Hadebe woke up at night and went to the girl’s room which was adjacent to his bedroom hut.
He let himself in and raped her. Hadebe raped her again on Christmas Day. On that day, the girl went to sleep alone as usual and locked the door from inside. At about 11PM, Hadebe allegedly woke up from his bedroom, leaving his wife asleep and broke into the hut in which the minor was sleeping.
The girl did not see him entering the room as she was fast asleep. He raped her again and warned her against telling anyone about the abuse.
The matter came to light when the girl returned to her parents’ home on the following day and told her aunt.
The aunt and some elders reported the matter to the police and Hadebe was arrested.
The girl was referred to Filabusi District Hospital and it was confirmed that she had been raped.-State Media

A 6 year old Bulilima boy jumped off a moving pickup truck and died on the spot after the vehicle failed to stop at his dropping off point.
Nkosiyazi Sibanda, a Grade 1 pupil at Khame Primary School, was on his way from school when the incident occurred on Tuesday afternoon. Khame area councillor, Tamilika Ndlovu, said Nkosiyazi, who was in the company of his schoolmates, was offered a lift by a community member.
“The boy was in the company of his peers and they were coming from school around 2PM. They passed through Khame Business Centre where one of the villagers had parked his car.
“They requested for a ride to their respective homes and he agreed. The boy was supposed to be the first to disembark but the driver did not stop. When he realised that he had missed his bus stop he jumped off the vehicle,’’ said Ndlovu.
He said the driver continued on his way and only stopped a few metres away after other children notified him about the incident. Ndlovu said when the driver returned to check on the boy, he was already dead. He said the boy’s head crashed on the road.
Nkosiyazi’s grandmother, Midah Sibanda, said she received news of her grandson’s death while she was waiting for him to return home from school. The boy’s parents work in South Africa, but they have since returned home for his burial.
She said she found Nkosiyazi dead, about 300 metres from their homestead. “My grandson was living under my custody as his parents stay in South Africa where they work. He left in the morning for school and I expected him to return in the afternoon like he always did.
‘’When my neighbours called me to the scene, my grandchild had already died. His head was severely injured and there was a lot of blood on the ground. I assumed that he panicked when he saw the vehicle passing his bus stop which explains why he jumped,’’ said Sibanda.
“As a family we only heard that Nkosiyazi had jumped out of a moving vehicle that was being driven by a local person. In as much as we would have loved things to happen in a different way, we just have to accept that accidents happen.
“It pains us though that we have lost a young life in the family. Children are gullible and adventurous and there is a need for anyone who handles them to be extra careful”.State Media

Zanu PF central committee member and President Robert Mugabe nephew Phillip Chiyangwa has reportedly ordered the arrest of the Southlea Park Home Owners Association leadership who are challenging his $42 million compensation for the government owned farm  home to 8000 people.
On Wednesday the Harare Central Police Station’s Law and Order Section arrested two leaders of the residents’ association Nathan Nyambuya and Clifford Kaseke ” on Chiyangwa’s orders”.
The police detained the two after telling them that Chiyangwa was accusing them of trespassing and influencing residents to stop paying compensation for their stay at “his” land.
Clifford Kaseke the deputy Southlea Park Home Owners Association President said they were detained by the police the whole of Wednesday.
“The police told us that we were facing three charges, that is, trespassing, blocking residents from compensating Chiyangwa and selling stands,” he said.
“For selling stands we asked them to show us the evidence which they said Chiyangwa had and on trespassing we did show them our home addresses which indicated that we are home owners and we indeed stay in Southlea Park and it is the third allegation of  blocking residents from paying compensation which we admitted and showed them the High court application we filed  last week in which we are not resisting to pay but seeking clarity on the farm ownership, and it was after we had produced the High court application when the police released us and told us that they were going to  call us when they have finished their investigations”.
Southlea Park residents last week filed an application with the High court challenging Chiyangwa’s compensation demands.
The court gave Chiyangwa (10) ten days to respond before setting a hearing date.
It was after Chiyangwa was served with the summons at the weekend that he plotted for the arrest of the residents.
At the beginning of the year Chiyangwa ordered the police to block the same residents from meeting where they wanted to deliberate on the eviction threats he issued in December.

The US through the United States Agency for International Development (USAID) has provided an additional $5 million for Zimbabwe towards the eradication of hunger bringing the funding for humanitarian assistance the Barrack Obama administration  has extended to Harare to $32.5 million since June last year.
The contribution which is being channelled through the United Nations World Food Programme (WFP) for humanitarian assistance to Zimbabwe comes after United States Agency for International Development (USAID) Director of Southern African Affairs, Bradley Bessire’s week long state visit where he assessed the current lean season and El Niño’s impact on food security in Zimbabwe.
USAID, Zimbabwe Mission Director Stephanie Funk said  the  additional $5 million contribution will support WFP’s Productive Asset Creation activity starting in May 2016 and will provide food rations or cash transfers to benefit over 80,000 individuals in eight districts across Zimbabwe over a period of six months.
“USAID is proud to support the World Food Programme to help vulnerable Zimbabweans cope through this difficult drought,” he said.
“This program addresses immediate food security needs while gradually helping vulnerable communities build resilience to climatic shocks and eliminating the need for food assistance in the long-term”.
He said the assistance will also see beneficiaries participating in the creation or rehabilitation of community assets, including irrigation systems and dams, to improve infrastructure and livelihoods for the future.
According to the Zimbabwe Vulnerability Assessment Committee, an estimated 1.5 million rural Zimbabweans will be food insecure in the first three months of this year.
This figure is likely to increase if El Niño, as predicted, causes continued drought and a poor April to June 2016 harvest.
The USAID assistance comes after there are reports of people in Masvingo, Chipinge and Matebeleland are said to be surviving on wild fruits.

By Terrence Mawawa|Residents of the City of Masvingo are drinking rusty water posing a serious health hazard in the process.
The situation has worsened at a time the Masvingo City Council blew $ 500 000 on posh vehicles for top management.
The local authority is at the same time battling to purchase the necessary chemicals for water treatment and purification-much to the chagrin of local residents. The city council spent a further $ 21,000 on motor vehicles accessories for management to enhance comfort.
The Masvingo Residents Trust (MRT) said in a statement released this week council must immediately resolve the matter to ensure residents get safe drinking water.
“The city council must ensure that residents get safe drinking water. Instead of buying themselves expensive vehicles they were supposed to channel such money towards water treatment and purification. We hope and trust the matter will be resolved urgently as we have now gone for several weeks drinking rusty and poorly treated water,” said MRT in a statement .
Masvingo United Residents and Ratepayers Association(MURRA) spokesperson Godfrey Mtimba said it was for the city council to prioritise luxury ahead of people’s health.
“There is a potential health risk as a result of drinking contaminated water therefore we urge the local authority to act on the matter as soon as possible,” said Mtimba .
Masvingo City Council town clerk Adolf Gusha was evasive on the matter but he told ZimEye.com the council embarked on strategic partnerships to immediately resolve the matter.
The city council is under fire for purchasing posh vehicles for the local authority’s bosses at a time residents are drinking contaminated water.

A 42-year old Marondera man in the habit of bashing his sick wife accusing her of disturbing his sleep because of her frequent visits to the toilet in the middle of the night on Monday appeared before Marondera magistrate Tatenda Makwanya facing assault charges.
Reuben Mandina pleaded not guilty to the charges of assaulting his wife, Jubilee Masomere (26), but was remanded in custody to Friday when the magistrate is expected to deliver the judgment.
According to court papers, on January 4 this year at around 9pm, Mandina came home and found that the complainant had not cooked supper since she was not feeling well. Mandina then prepared the food himself. The accused person retired to bed and started accusing his wife of disturbing his sleep due to her frequent visits to the toilet.
As a result of the accusations, the complainant woke up and slept in the dining room. The accused allegedly followed his wife and ordered her to dress so that he could escort her to the hospital, but the complainant refused.
This did not go well with Mandina, who then assaulted Masomere with open fists several times. He reportedly snatched his wife’s mobile phone after she tried to call her sister.
Tariro Shirichena and Courage Chakawa represented the State.-Newsday

Vapositori sect members are in trouble after the Constitutional Court today declared marriages of girls who are under the age of 18 years, illegal.
Leading a full bench of the Constitutional Court on Wednesday Justice Florence Ziyambi ruled that no woman or man can be married before attaining the age of 18.
The ruling comes after Tendai Biti a member of the Zimbabwe Lawyers for Human Rights had approached the Constitutional Court representing Loveness Mudzuru and Ruvimbo Tsopodzwa, who were married before the age of 18, and he was challenging that early marriages violate the country’s new constitution.
Justice Ziyambi said, “the application has succeeded and with effect from 20^th January 2016 registration of marriages under the age of 18 customarily or religiously is illegal and it is inconsistent with the constitution of Zimbabwe.”
Speaking to journalists after the land mark judgement Biti said he was happy to be part of “this history”.
“I think is an amazing judgement and the court should be congratulated for taking such a bold decision,” said Biti.
“I had feared that the court would leave that to the legislature but sometimes when the legislature is in differences the courts play their part and today the Constitutional Court of Zimbabwe played its part”.
“So I am very proud to be part of this history, and if know that the struggle for women’s emancipation is far from over; but this is a far reaching decision and a very important decision,” he said.

By Terrence Mawawa, Gutu|A school headmaster here is demanding bribes from parents for form one places at the school,raising tension in the local community.
Chikwerengwe High School headmaster Ishmael Maundu is allegedly demanding bribes ranging from $10 to $20 so that pupils can obtain form 1 places at the school much to the disgruntlement of local parents, ZimEye has learnt. It is understood only 23 pupils have obtained form 1 places at the school out of the expected enrolment of 150 pupils.
Parents have written a petition to the Ministry of Primary and Secondary Education to alert them on the development.
“We are now stranded because we are in the second week of the school term and the school headmaster is demanding bribes so that our children can obtain form 1 places .
“This is very disturbing and we hope the relevant ministry will immediately intervene.We are being asked to pay kickbacks ranging from $10 to $20 and in the rural areas that’s a lot of money ,” said a local parent who identified himself as Mrs Mupini.
Maundu is now under pressure from the local parents who are demanding his immediate transfer.
“The issue is complicated but let me say the enrolment is still very low .The local parents are accusing the headmaster of demanding bribes so that pupils can obtain form 1 places ,” said a staff member at the school.

The MDC T welcomes the opening of the judicial year by the Hon. Chief Justice G Chidyausiku the head of the judicial arm of government as that practice is key in upholding the rule of law and heeds the hallowed doctrine of the separation of powers. This is very much unlike the anomaly that continues to happen in the legislative arm of government where the head of the executive arm of government continues to officially open legislative sessions despite the Constitution no longer requiring it and instead requiring him to now issue an annual State of the Nation Address. The embarrassing error of reading the state of the nation address for the second time in three weeks instead of an official opening speech is therefore understandable and clearly demonstrates the redundancy and untidiness of an official opening of the legislature by the head of the executive.
The MDC T applauds the generally commendable performance of the various courts that constitute the judiciary, in disposing of their caseload in very difficult circumstances of conditions of work that include dilapidated court buildings in many respects. The MDC T is gravely concerned by the inevitable undermining of the independence of the judiciary arising from the recent failure by the State to pay December 2015 civil service and other State officials’ salaries and the promised 13th cheque. Any failure to adequately remunerate judicial officers not only undermines the independence of the judiciary but also impedes justice delivery. The MDC T therefore calls upon the government to urgently adopt measures that secure the salaries of all officials paid by the State in the judicial system and improves their general working environment as it cannot now rely on donor support as the Danish Embassy which supported courts construction closed in Zimbabwe.
The MDC T welcomes the Honourable Chief Justice’s exhortation to the police to enhance transparency and accountability by sharing with the judiciary crime statistics. The MDC T is concerned by the opaqueness of police dealings which is manifest even in the Police Commissioner General failing to ever have an annual report tabled in Parliament in terms of section 13 of the Police Act Chapter 11:10 which would also no doubt assist the judiciary. The MDC T therefore calls upon the police to remove its cloak of opaqueness, in the interests of justice and share crime statistics as required.
The MDC T is surprised that the Honourable Chief Justice included the police among those key players of the justice delivery system that the judiciary has enjoyed cordial relations with when the one of the previous year’s unfortunate blemishes was the unprecedented and contemptuous public attack on and disdain of the courts by a senior police officer in relation to the Honourable High Court’s decision on illegal spot fines. The MDC T hopes that the Zimbabwe Republic Police has since learnt of the unlawfulness of such conduct and in any event implores the Attorney General to assist it to understand its responsibility to respect the judiciary’s authority.
The MDC T applauds the judiciary’s efforts to decentralize and devolve the High Court to other major centres beyond Harare and Bulawayo in keeping with the principle of devolution in the Constitution. It however implores the Judicial Service Commission to prioritise Hwange in view of its 300 to 400 km distance from the Bulawayo High Court in comparison to the approximately 200km radius respectively between of Masvingo, Mutare and Gweru with either Harare or Bulawayo High Courts.
The MDC T is also pleasantly surprised that the Honourable Chief Justice noted few reports of the Zimbabwe Prison Services failing to transport prisoners for court sittings, given the inadequate funding by the fiscus of the Prisons and Correctional Service. It implores the Executive to fund the services adequately including the community service programme which received no allocation from treasury as well as the movement of juvenile offenders to Hwahwa Juvenile prison instead of them languishing in adults’ prisons due to lack of transport.
The MDC T welcomes the Honourable Chief Justice’s opening of dialogue with the Law Society rather than unilaterally deciding to bar junior lawyers from the higher courts. The MDC T is concerned about the inhibitive effect such a measure would have on access to justice by poor litigants as its logical conclusion may be that self actors who cannot afford lawyers would not then be allowed to appear before the higher courts.
While the MDC T salutes the Constitutional Court for its strident efforts in clearing its caseload it is disturbed by the one and half year delay in concluding cases and the inordinate number of reserved judgments and court orders without reasons. The MDC T laments that the government’s unwillingness to implement the Constitution is the key cause of an avoidable increase in constitutional court applications. It warns that these constitutional challenges are going to increase with increased public constitutional awareness, thereby spawning a veritable constitutional crisis.
The MDC T sees no reason why the stand alone Constitutional Court, physically separate from the Supreme Court as established by section 166 of the Constitution should wait for the four more years envisaged by the 6th Schedule to the Constitution. The reality of constitutional justice as explained by the Honourable Chief Justice demands it, and the 6th schedule’s wording permits its operation now.
The MDC T therefore implores :
The Attorney General to advise his client the government on its obligation to urgently and robustly implement the Constitution in order to avoid unnecessary Constitutional Court litigation, and in any to event concede the to unconstitutionality of its client’s actions and desist forthwith from defending the indefensible actions of his client
The Judicial Services Commission to interview more judges for appointment to the Supreme Court so that the there is a sufficient complement of 5 judges to conduct Constitutional Court duties exclusively while in the meantime appointing acting Constitutional Court judges
The Judicial Service Commission to make all haste to promulgate the long outstanding rules of the Constitutional Court, as well as review all court rules to accord with the Constitution and to address the gaps such as the disposal of dormant cases the Honourable Chief Justice mentioned
The Judicial Service Commission to implement a programme of training of all judicial officers in all courts below the Supreme Court on the to exercise of their new constitutional dispute jurisdiction
The Judicial Services Commission to interview and appoint judges to the Electoral Court so that it ceases the unconstitutional practice of appointing High Court judges to more than one court which is specifically prohibited by section 183 of the Constitution
The Judicial Service Commission to implement its Code of Conduct for judicial officers in order to avoid relying only on the introspection of low performing judges that the Honourable Chief Justice mentioned, as well as to deal with the scourge of corruption he also mentioned.
Finally, the Executive to allocate sufficient funding to the Judicial Service Commission as required by section 325 of the Constitution and in a manner that respects its independence.
Fungayi Jessie Majome MP
MDC T Secretary for Justice, Legal and Parliamentary Affairs
January 2016

A commuter omnibus driver has been jailed for three years for attempting to run over a policeman as he tried to evade arrest for picking up passengers at an undesignated point in Chitungwiza.
Maxwell Subili (28) of Cherutombo in Marondera and employed by Kadzomba Tours denied attempted murder charges before Chitungwiza regional magistrate Ms Estere Chivasa yesterday.
He was convicted after the prosecutor Mr Tendai Mukariri proved a case against him.
In handing down the sentence, Ms Chivasa said there seemed to be protracted battles between police officers and commuter omnibus crews.
“The record should be set straight that lawlessness has no place in the society,” said Ms Chivasa. She slapped Subili with five years in prison, but conditionally set aside two years for five years.
Circumstances were that on December 20 last year, Subili drove the bus for a distance of more than 5km while Constable Misheck Makosa (24) clung on to the wipers and bumper.
Cst Makosa of Tynwald, Harare, and stationed at Chitungwiza Police Station, was on duty with the district reaction group.
He was in the company of Constables Shainai and Kapfiso at Makoni Shopping Centre when the incident occurred. Cst Makosa spotted Subili loading passengers at an undesignated point near a Marondera bus terminus.
Subili was warned of his unbecoming behaviour, but did not take heed. Shortly afterwards, Cst Makosa stood in front of his Toyota Hiace, indicating to him that he was under arrest.
Subili drove towards Cst Makosa who jumped and clung to the vehicle’s wipers without giving him a chance to free himself.
Meanwhile, a cop based at the same police station has been jailed for eight months for severely assaulting a woman accused of stealing money from her employer’s EcoCash account.
Constable Naison Chatembwa (32), who denied the charges, assaulted Clianna Chanetsa (24) with a baton under the feet to force her to admit the offence. The magistrate Mrs Rekina Dzikiti convicted Chatembwa following a full trial.
She sentenced Chatembwa to a year in prison, but suspended four months on condition of good behaviour. Mrs Dzikiti said Chatembwa abused his powers as a police officer.
The woman sustained serious injuries.
She reported the abuse to the police. “You are very ignorant of the law. As a police officer, you should have realised the consequences of acting in such a manner and this should serve as a clear message to would-be offenders in the enforcement,” said Mrs Dzikiti.
The prosecutor Mr Tatenda Mukatera said the incident occurred on October 17 last year when Chatembwa was assigned to investigate allegations that Chanetsa stole money from ecocash which belonged to her employer.
Chatembwa thoroughly assaulted Chanetsa when she denied stealing the money. The woman sustained serious injuries. She reported the abuse to the police.State Media

Australia says its hopes for long term foreign direct investment plans in Zimbabwe are dwindling because of lack of Harare’s “strong” reform commitment.
Government is yet to implement  the constitution which was effected in May 2013 and this has been a cause for concern to both the civil society and the international community who want to see a democratic Zimbabwe.
But of major concern to the international community are political and economic reforms which guarantee human and property rights and protect business investments.
Australia is one such western country with economic investments interests in the Zimbabwe which says their zeal is slowly diminishing.
The western country’s Ambassador to Zimbabwe Suzanne McCourt told Zimeye.com that Zimbabwe’s huge economic prosperity is being hampered by the country’s arrogance to reform.
“There was a very constructive development at the meeting with World Bank and IMF in Lima last year at which Zimbabwe presented a proposal to deal with its debt arrears which would then potentially unlock funding for the future,” said the western envoy.
“Australia was supportive of that process as well as other countries because we want to see Zimbabwe develop economically and to succeed because there is so much potential here”.
Last year Finance Minister Patrick Chinamasa went to the IMF and World Bank meeting in Lima where he unveiled the country’s $10 billion debt clearance strategy which was well received by the international money lenders.
Chinamasa’s economic reform efforts are however being hampered by   a group of young turkeys in his Zanu PF party who include President Robert Mugabe’s nephew and the Indigenisation Minister Patrick Zhuwao.
Zhuwao  is calling for Chinamasa’s head and accusing him of selling out through calling for the revision of the country’s empowerment laws so that they become attractive to foreign direct investment.
Ambassador McCourt said policy consistence unlocks business investment opportunities which western countries want for the benefit of the ailing Zimbabwean economy.
“What’s needed for that process to be successful though is a strong government commitment and a commitment to reform,” she said.
“There are some tricky issues in that basket of reforms that might be required in that part of the process, but Australia as I often say wants to be a constructive player here and to encourage economic development including hopefully longer term Australian foreign investment in Zimbabwe”.

The desperate Zimbabwean government  says the visit by the students from the University of Wales: Trinity Saint David (UWTSD), for a three week long cultural exchange programme is a positive move towards the normalisation of the decade long sour relations between the country and the west.
In a speech read on his behalf by Farai Mabhena the acting Secretary in the ministry of   Rural Development and Preservation of National Cultural Heritage, at the official opening of the cultural exchange programme in Harare at the weekend Minister Abednico Ncube,
“This is a very important programme which has the potential of fostering relations between Wales and Zimbabwe a country which has been previously receiving negative publicity when it repossessed its land in 2002,”said Mabhena.
Relations between Zimbabwe and the west started to normalise during the tenure of the coalition government between Zanu PF and the two MDC formations when the west stated to remove sanctions in instalments though.
The west is still sceptical of wholesomely lifting the embargo because of the few cases of human rights violations, economic and political reforms which Zimbabwe is yet to address.
Minister Ncube said government will not compromise its sovereignty by ceding to the dictates of any nation.
“We are however glad that those who were in the forefront of denouncing us have realized sense in our argument and they have now requested for sober negotiations with the aim re-engaging”.
“Zimbabwe remains committed to working with anyone from around the globe provided he or she looks at us as partners not otherwise”.
The six Welsh students who were brought by Love Zimbabwe a Welsh based charity organization which was founded by a Zimbabwean who is now based in the United Kingdom will return on the 27^th of January after spending three weeks in the country.
Love Zimbabwe founder and director Martha Musonza Holman said they were planning to take Zimbabwean students to the Wales under the same programme.
“Not only are we going to take local students to Wales, but we are also going to establish artifacts marketing malls for Zimbabwean products in the UK so that we show case our culture and heritage,” she said.
“This is the beginning of god things coming and we have put it on our calendar”.

The bloody tussle that saw “pro-Grace Mugabe” Minister Makhosini Hlongwane receiving a live bullet next to his bed last week, has seen the titanic succession war raging in Vice President Emmerson Mnangagwa’s Midlands heartland, get hotter.

Most Mnangagwa vocal supporters have been hauled before a provincial disciplinary hearing for allegedly harassing three ministers and fanning Zanu PF’s rampant factionalism.
Well-placed sources told the Daily News yesterday that the latest point of conflict in the troubled province involved attempts by the factions locked in the mortal combat to influence the outcome of the hearings against the allies of the embattled VP who stand accused of intimidating the ministers who are said to be opposed to the Midlands godfather’s mooted presidential ambitions.
The regional bigwigs who are in trouble include Gokwe Nembudziya legislator Mayor Wadyajena, the youth provincial chairperson Edmore Samambwa and the provincial secretary for security Owen Ncube, all of whom could face the dreaded boot after the ministers — Anastasia Ndhlovu, Tapiwa Matangaidze and Makhosini Hlongwane — wrote to the top hierarcy of Zanu PF late last year complaining about harassment from the three.
“It’s aluta continua (struggle continues) to the death. They (factions) are now fighting to influence the outcome of the ongoing trial (of the VP’s key allies),” a provincial executive member said.
The provincial disciplinary committee, led by deputy regional chairperson Mackenzie Ncube, was given up to the end of last week to conclude its work by the party’s national disciplinary committee chaired by Vice President Phelekezela Mphoko.
However, this did not happen, with insiders telling the Daily News yesterday that the regional structure was under “tremendous pressure” from both the G40 and Mnangagwa’s allies to take care of their respective interests.
“The committee is caught between a rock and a hard surface. Their position is unenviable because both camps want to ensure that they prevail at all costs because a lot is at stake. In fact, this is a do-or-die matter.
“The VP’s camp wants to send a message that Midlands is a no-go area for G40 by ensuring that Wadyajena and company emerge out of this unscathed, while on the other hand the other group wants to flex its muscles and prove that there are no sacred cows in the party,” the provincial executive member added.
Contacted for comment yesterday, Mackenzie Ncube told the Daily News that his committee had finished receiving evidence from all the interested parties and was now assessing this with a view to coming up with a verdict.
“We are analysing the information we got at the weekend from both the accused and the complainants. We expect to be done soon, so you can check with me tomorrow,” Ncube said.
But an insider said given the sensitivity of the matter, it could take until the end of the week before a conclusion was reached.
“This is no small matter my friend. Remember that the directive to do this exercise came from the top and they want results soon.
“However, the complication is that apart from the pressure we are getting from interested parties, the complaint by the ministers against the three or four officials came as one but we felt that for us to deal with the case efficiently there was need for each of them to make their complaints individually, and so we asked them to do so.
“We are getting every detail we might need so that we are not found wanting when we come up with our verdict,” he said.
The committee’s recommendations will be forwarded to the national disciplinary committee, which is dominated by alleged G40 bigwigs who include national political commissar Saviour Kasukuwere, Mphoko and influential First Lady Grace Mugabe.
All this comes as the Daily News is reliably informed that the G40 are determined to have many of Mnangagwa’s allies booted out of the party as the group looks to press home its advantage in the party’s seemingly-unstoppable factional and succession wars.
“It is tickets for them. They are gone because the evidence against them is overwhelming.
“These people are just buying time, but it will not change anything,” a provincial executive member who is said to be aligned to the G40 said last week, confirming consistently accurate reports carried by this paper on the ugly goings-on in the province.
Apart from the threats allegedly directed at the ministers, the other accusations against Wadyajena relate to claims that he is allegedly disrespectful of the First Family.
He also stands accused of being behind the province’s recent youth wing resolution to replace Kasukuwere with someone with liberation war credentials, a demand that was made ahead of the party’s December annual conference in Victoria Falls.
And with critics noting that Mnangagwa was struggling to live up to the popular caricature of his nickname, that of a ruthless crocodile and his supporters being pummelled left, right and centre by the marauding G40, it remains to be seen whether “Lacoste” will finally come to the rescue of his foot soldiers.
But insiders who spoke to the newspaper pointed to what happened a decade ago when many of the VP’s most ardent supporters were decimated after the so-called Tsholotsho Declaration, after being accused of plotting to oust Mugabe from power.
The insiders claimed that history was repeating itself as his close allies were again being picked off one by one like lambs to the slaughter, further predicting that Lacoste, as Mnangagwa is fondly referred to by his loyal followers, would not do anything to protect leading members of his support group who were on the receiving end of the savage and unrelenting factional mauling.
Among the other allies of Mnangagwa who have recently come under severe pressure from inside Zanu PF are Water minister Oppah Muchinguri-Kashiri, former Manicaland women’s league chairperson Happiness Nyakuedzwa, and the power couple of Monica and Christopher Mutsvangwa.
Nyakuedzwa and another alleged VP close ally, former Mashonaland Central youth league chairperson Godfrey Tsenengamu, were recently suspended from the ruling party for five years on allegations of fanning factionalism.
Former Harare provincial chairperson Godwills Masimirembwa, former Harare women’s league chairperson Ratidzo Mukarati and former Masvingo chairperson Paradzai Chakona — all perceived strong backers of Mnangagwa — have also suffered votes of no confidence that were upheld by the party.
Recently, War Veterans minister Christopher Mutsvangwa — one of Mnangagwa’s closest and most vocal allies — also received a vote of no confidence from Mashonaland West province, putting both his party and government positions in jeopardy after he tried to take Kasukuwere head-on.
Mutsvangwa’s wife, Monica — a deputy minister — was also recently booted out of the women’s league for defying the first family, while Muchinguri-Kashiri came under severe shellacking in Manicaland and in a recent politburo meeting.
Muchinguri-Kashiri’s troubles, according to insiders who spoke to the Daily News, came after she allegedly told Grace in a politburo meeting that she was the most senior party official in Manicaland, and thus always needed to be consulted on important decisions impacting on the region — in addition to insinuating that Grace had allegedly failed to run the women’s league properly-Daily News

A police officer stationed at Glenorah Police Station who allegedly stripped naked Rural Teachers Union of Zimbabwe (RTUZ) Programmes Officer, Pride Mkono, is on trial for cellphone theft.
The cop who is from Glen Norah Police Station, one Kapfunde, who was part of a group of riot police officers who ruthless beat up Rural Teachers Union of Zimbabwe (RTUZ) President, Obert Masarure and Programmes Officer, Pride Mkono, on the 28th of December 2015 will appear in court facing assault charges.
The matter will be heard at Mbare Magistrate Court in court 4 at 1115hrs and allegations against Kapfunde are that on the 28th of December 2015 around 0130hrs he arrested Mkono before assaulting him which a button stick, booted feet and open hands. He also stripped Mkono naked and dipped him in water claiming that it was ‘baptism’ for increasing the police workload at a time when they had not been paid.
Mkono was in the company of Masaraure and other activists and they were coming from a planning meeting for a bonus demonstration.
Mkono sustained injuries on his buttocks, shoulders, groin and suffered a fractured rib as a result of the brutal beating which Kapfunde subjected the activist to, and a medical report to that effect is before the courts.
The report of assault was only filed after award-winning human rights lawyer Gift Mtisi had implored that the police allow Mkono to get medical attention.
Kapfunde is also set to appear in another separate case for assaulting RTUZ President, Masararure and answer to allegations of stealing his mobile phone Huawei Ascend 5 handset.
In this matter Mkono will appear as the complainant while Masaraure is the state witness on the case.

A senior member of the Central Intelligence Organisation has appeared before a Masvingo magistrate’s court for poaching after he allegedly teamed up with three other men and killed four rhinoceros worth nearly $500,000 at Sango Valley Conservancy in Chiredzi. Munashe Mudenge Murwira (age not given), who is a senior intelligence official based in Bulawayo, allegedly teamed up with a Zambian national Chris Kamboyi, Jason Chisango and the now deceased Dumisani Moyo and killed the rhinos before de-horning them in December last year.
Kamboyi is still recovering in hospital after he was shot by police detectives, while Chisango has since been jailed for an effective 20 years after he was convicted of poaching by a Masvingo magistrate early this month.
Moyo was shot and killed by detectives who intercepted the poaching gang at Sango Valley. Murwira, the alleged ring leader and mastermind of the poaching, yesterday appeared before Masvingo provincial magistrate Langton Ndokera facing four charges of hunting and killing a specially protected animal.
Murwira was remanded out of custody to March 4 after he was granted $100 bail by the High Court. According to prosecutor Tavonga Musina, agreed facts are that on February, 10, 2014, Murwira and his three accomplices drove to Sango Valley conservancy where they shot and killed two rhinos before de-horning them.
On February 29, 2015, Murwira and his gang again used the same modus operandi and went to Sango where they shot and killed another rhino before de-horning it. They allegedly sold the horn to unknown people in Zambia.
Murwira and his gang allegedly struck again in April last year where they killed the third rhino and sold the horn to Zambians after de-horning it. Luck ran out for Murwira and his gang on December 29 last year after police detectives, acting on a tip off, laid an ambush at Sango Valley.
Murwira and his team allegedly started exchanging fire with police detectives, resulting in Kamboyi being shot and sustaining serious injuries, while Moyo was killed on the scene. Murwira and Chisango were arrested after they surrendered.
Kamboyi was taken to Masvingo General Hospital where he is receiving treatment under police guard.-State Media

By Terrence Mawawa, Masvingo|A senior People’s Democratic Party(PDP) official has blasted People First leader Joice Mujuru saying the defections by party members to the former vice president ‘s camp was a non-event.
PDP national deputy secretary general Tongai Matutu last week said the party was not shaken by the mass defection of members who switched camp to Mujuru. He said Mujuru’s party was just one of the new parties sponsored by Zanu PF to weaken genuine opposition parties in the country.
Matutu, a former MDC provincial secretary who also deputised Saviour Kasukuwere in the Youth Ministry, is well known for being outspoken and he was among the first MDC members to call for troubled MDC leader Morgan Tsvangirai’s resignation.
“We are not shaken by the defections to Mujuru because we will simply carry out a gap filling restructuring process to replace the nomads who joined the People First project. You cannot be forming parties all the time and this People First Project is not different from Zanu PF. I strongly believe our ideologies are different.
These people were part of the same Zanu PF that terrorised opposition supporters .As for the defections ,to us it is a blessing in disguise because it is an opportunity for us to replace them with committed people who are ready to defend our ideologies,” said Matutu.
The former Masvingo Urban Constituency legislator said he would never join the Mujuru bandwagon since he was satisfied with the PDP project .
Many cynical observers are distancing themselves from the People First party arguing it is part of Zanu PF’s plan to annihilate opposing voices ahead of the 2018 elections.
However the Mujuru led party is expected to end decades of political and social mayhem for the people of Zimbabwe. Several Zanu PF members are secretly leaving the faction torn ruling party to join People First despite official denials by the revolutionary party.

Former Vice-President Joice Mujuru has reportedly met opposition People’s Democratic Party (PDP) leader Tendai Biti and MDC-T treasurer-general Theresa Makone over the past two weeks, as she intensifies efforts to form a grand coalition of opposition parties to challenge President Robert Mugabe’s stranglehold on power in the 2018 elections, NewsDay has learnt.
Impeccable sources told NewsDay that following the conclusion of her whirlwind tour of the country’s provinces, Mujuru was now holding boardroom discussions with representatives of various political parties to find common ground.
This is despite the fact that Mujuru has not yet transformed her People First (PF) project into a political party, resulting in other opposition parties discounting her as a political force to reckon with.
“Two weeks ago, Mujuru met MDC-T’s Theresa Makone at her home in Harare, where they discussed the country’s political environment and they sounded each other out on the possibility of a coalition between their two parties,” the source said.
“However, Mujuru was worried at Makone’s standing in the MDC-T, given reports of factionalism. Mujuru has made enquiries on whether Makone attended the meeting in her capacity as ‘a woman giving moral support to another’, or as an emissary of former Prime Minister Morgan Tsvangirai. The jury is still out on that one. On Tuesday last week, Mujuru met PDP leader Tendai Biti on issues to do with a possible coalition.”
The sources added, parties to the negotiations had agreed to keep the matter under wraps to avoid jeopardising the discussions and giving Zanu PF adequate ammunition to crush them.
PF spokesperson Rugare Gumbo was coy on the matter when contacted for comment yesterday.
“I cannot confirm or deny such meetings took place,” Gumbo said.
“Our plan is to mobilise Zimbabweans and when such meetings do take place, they would be part of this grand plan to bring like-minded Zimbabweans together for the good of our country and politics.”
PDP spokesperson Jacob Mafume, however, denied reports Biti had met Mujuru.
“He has not met Mujuru, not as far as I am aware, but he has consistently met with leading PF figures such as Rugare Gumbo, [Didymus] Mutasa, [Kudakwashe] Bhasikiti and many others in his capacity as their lawyer,” he said.
“However, PDP is open to talks with any leader or party, as long as the agenda is to find a lasting solution to our country’s problems.”
Biti could not be reached for comment.
MDC-T spokesperson Obert Gutu referred questions relating to the meeting to party leader Morgan Tsvangirai’s office.
“I speak on behalf of the party. Our leader, Morgan Tsvangirai, has got his official spokesperson, Luke Tamborinyoka,” Gutu said.
“Luke [Tamborinyoka] speaks on behalf of our president. All matters to do with coalitions fall directly under our president’s mandate. May you kindly direct your question to Luke.”
Tamborinyoka confirmed Tsvangirai was handling “all issues to do with coalitions”, but played down reports Makone had met Mujuru.
“Any meeting between two Zimbabwean citizens, assuming the meeting you are referring to did take place, is not criminal and neither could it have been about a coalition,” he said. “The MDC is in conversations with other political groupings, civic organisations and the Church on a broad range of issues such as elections. It is far too early to talk about coalitions. In any case, there are no coalition talks.”
Another source, however, claimed, Mujuru was also trying to meet Renewal Democrats of Zimbabwe leader Elton Mangoma.
Mangoma has made it clear that he does not fathom a coalition with Mujuru “because she was part of the system that denied Zimbabweans their freedoms and abated it for decades”.
“Mangoma has indicated he is not willing to meet with Mujuru as long as Mutasa is part of such a meeting. It seems Mujuru has relented and although a date is yet to be set, the two will definitely meet soon,” the source said.
But Mangoma denied having an appointment with Mujuru.
“I am hearing it from you for the first time. Maybe they will come,” he said.
Since the turn of the year, Mujuru has upped the ante, meeting structures across the country, a move that has rattled not only Zanu PF, but the opposition, amid reports of some of their structures jumping ship to join the former Vice-President’s yet-to-be formed political outfit.
Mujuru was pushed out of Zanu PF in brutal fashion ahead of the ruling party’s 2014 congress on allegations she was behind a plot to remove Mugabe by foul means.-Newsday

Three Bulawayo men, jailed for 97 years each for robbing several commuters in the city of their goods and cash after masquerading as private transport operators, have appealed their sentences, which they described as too harsh.
The trio of Chaniwa and Tauya Rukani and Mpumelelo Dube from Nkulumane were convicted on their own plea of guilty to 11 counts of robbery by then regional magistrate, Sikhumbuzo Nyathi.
They were sentenced to an effective 62 years in prison each after 35 years were suspended on condition of good behaviour and on condition they restitute their victims.
Through their lawyer, Christopher Dube Banda, the three appealed for a reduction of the sentences, saying they were too harsh.
The appeal was heard by High Court judges, Justice Nicholas Mathonsi and Francis Bere, who reserved judgment indefinitely.
“It is humbly submitted that the sentence by the court a quo was manifestly excessive in the circumstances and as such warrants interference by the appellate court,” Dube Banda submitted.
“The appellants committed the offence of 11 counts of robbery in the space of 14 days using the same modus operandi to rob different complainants in various parts of the city of Bulawayo.”
He said in casu, the offences committed by his clients were similar and all robbery cases closely linked in point of time such that they could have been treated as one for the purpose of sentence.
“It is submitted that the lengthy prison term was appropriate in this case, but not as lengthy as to induce a sense of shock, 97 years imprisonment clearly shows that there was overemphasis of the seriousness of the offence at the expense of the offender,” Dube Banda said.
He suggested his clients should have been sentenced to between five and seven years.
Dube Banda said his clients exercised violence in their offences but not to an extent of warranting 97 years in jail.
He later suggested that a sentence in the region of 20 years and have five years suspended for five years on condition of good behaviour and three years on condition of restitution was appropriate.
The prosecutor, Nokuthaba Ngwenya submitted that the State agreed with the reduction of sentence and suggested that several counts be considered as one count.-SouthernEye

By Willias Madzimure|Last Thursday, the 14th of January 2016, the Minister of Youth and Indigenization and Economic Empowerment, Patrick Zhuwao, addressed a business meeting attended by captains of industry, policy makers and diplomats. The thrust of the meeting was to clarify the government position on the controversial indigenization law.
The arrogance and complete egotism of shown Zhuwao while addressing delegates to this meeting where he maintained that the government was bent on implementing the indigenization as it is because Zanu PF was elected in the 2013 elections through its ‘promise indigenization and empowerment, shows how Zhuwao has lost his marbles.
It appears that Zhuwao, a losing Zanu PF primary elections candidate, is unaware of the wide spread electoral chicanery and open rigging which put his uncle’s party in government. The people of Zimbabwe never openly endorsed the criminal Zanu PF rule hence their lack of confidence in the system characterized by over US$2 billion capital flight within days of proclaiming a Zanu PF victory after July 31, 2013.
The People’s Democratic Party (PDP) restates its position that the proposed Zanu PF model of indigenization policy does not work in a country where 75 percent of the population is surviving on less than $1 a day. It is a haven for patronage, primitive accumulation and the last feeding trough for corrupt elites in a dying economy.
Zanu PF’s proposed indigenization policy will resulted in billions of dollars in capital being siphoned out of the country to foreign investors if they are to be compensated for their shares based on stock market values. If the government is to be adamant and maintain that they will undertake compulsory acquisition of shares, then investors will simply withdraw their money from the financial sector and close shop and go elsewhere.
Zimbabwe must be a strategic player in global investment as it has vast mineral resources, an excellent climate, large tracks of arable land and a hard working and educated work force. This comparative advantage must be utilized by implementing policies that promote economic growth in a stable and sustainable manner.
In this regards, media reports attributed to the British Embassy in Harare by the Sunday Mail over the weekend on Zanu PF’s indigenization policy are unfortunate. While the PDP recognizes the right of the international community to engage with the government of the day, even if it is rogue, this engagement must be on principles of the internationally recognized and codified democratic ethos and values.
Whilst reports from the Sunday Mail should not be accepted at face value, we should make it very clear to the international community that it is tragic for the suffering people of Zimbabwe for the international community to accept Zanu PF’s insanity in regards to its indigenization policy.
We notice with regret the post-2013 elections strategy of the international community of trying to appease Zanu PF and engage the rogue regime and ignore its gross human rights abuses, past and present.
This engagement principle is a sell-out strategy to the principles of democracy, human rights and the rule of law. In recent weeks, the Zanu PF has upped its game and is harassing, beating and arresting innocent citizens who will be exercising their constitutional rights by engaging in peaceful demonstrations.
That this policy of ensuring that every country has a duty in upholding the rule of law and respecting its Constitution appears to have been abandoned in Zimbabwe by the international community. What is wrong is wrong and foreign countries must be seen as serving and being on the side of the poor not and not siding with a rogue state.
Still on this point, we note with regret the attempts by some foreign embassies to prop-up some faction leaders in Zanu PF and ignoring the plight of the suffering Zimbabweans who have been abandoned by their governments, which has seen its leaders focusing on their survival than serving the citizens.
What Zimbabwe is in need of at the moment are not strong and faction-ridden leaders but leaders who are there to serve the interests of the majority and who are elected by a free, fair and credible electoral process. Zimbabwe does not need electoral rejects who have mastered the Stalinist tactics of mass electoral theft.
By Willias Madzimure, International Relations Secretary (PDP)

The trial of the three civic society activists who are facing charges of charges of filming Prison premises has been set for Tuesday at the Harare magistrates’ courts.
The three, Edgar Gweshe ( Crisis In Zimbabwe Coalition’s information officer)  Donald Makuvaza (Chitungwiza Residents Trust official ), Charles Chidakwa (Occupy Africa Unity Square (OAUS) are facing charges of contravening Section 5 (2) of the Protected Places and Areas Act Chapter 11:12.
They were arrested last July at the Harare Remand Prison where they had visited a group of vendors who were detained at the correctional services centred.
Prison officials alleged that the three were taking pictures outside the remand prison.
The trio however refuted the state allegations when they first appeared in court.
They were granted $50 bail each by the Harare Magistrates Court on July 25.
They were arrested together with other activists, Mfundo Mlilo, Dirk Frey and Nixon Nyikadzino who have since been cleared of the charges.
 

Chief Justice Godfrey Chidyausiku has bemoaned lack of professionalism on the High Court bench which has resulted in the accumulation of case to over 40 000 dating back from 2002.
Officially opening the 2016 legal year in Harare recently Chidyausiku said the number of unsanctioned records was unacceptable.
“These are matters that were filed as way back as 2002 up to 2012 but are lying idle with no one prosecuting the claim or applying to have it dismissed,”he said.
“Twenty thousand of the records are summons of applications that have not been served on the defendants or respondents some people may not know that they have been sued and are part of the High Court statistic even as I speak”.
Last year during the official opening of the 2015 legal year, Chidyausiku bemoaned incompetency on the High Court bench.
But despite the  backlog Chidyausiku said there was a great improvement on the number of fresh cases which the High Court dealt with last year.
“I am happy to report that the performance of the High Court this year has exceeded my expectations and I wish to heartily congratulate judges of that court for the pleasing performance as evidenced by the number of judgments that they have returned during the course of the year,” he said.
“The number of judgments handed down has in turn drastically reduced the number of complaints that I used to receive over delayed judgments”.

The Zimbabwe Peace Project (ZPP) says  MDC-T support base is going to be reduced by deaths as a result of the politicisation of food aid by Zanu PF in the remote parts of the country.
This came out in a report which ZPP posted to the media at the weekend in which the rights lobby organisation noted  increasing incidents of discrimination on political grounds of the distribution of food aid by Zanu PF activists over the past three months.
ZPP says they documented a total of 73 cases of food violations from September to October across the country, where people were being discriminated against and excluded from food distributions.
““Our concern is the livelihoods of these people most of who are from vulnerable groups. Where necessary government is being called upon to intervene,” national director of ZPP Jestina Mukoko said.
“It is actually the role of the government to protect and promote the rights of every citizen. As ZPP we are saying this is what is happening in the communities and unless the government intervenes and follows up on this matter targeted people are really going to starve”.
Mukoko says with the impending drought there are fears that thousands who are politically “wrong” will die if nothing is done by government.
“With this year’s drought threatening more hunger than usual amongst the people particularly for vulnerable groups, it is feared that those discriminated against on political grounds will suffer even more”.
In the report ZPP recorded names and places of those who were denied food aid because they are affiliated to the MDC-T.
“In Manicaland on 15 December, 2015 at Makuvise Village Ward 5 in Buhera and on 17 December 2015 in Buhera Central more MDC-T supporters were denied food aid. In Masvingo on the 17 December 2015 and on 31 December 2015 at Gwenyanya Village in Chivi and Marova Village Vidco 2 in Zaka North more opposi-tion supporters were also denied aid,”the report noted.
“In Midlands Province, on 5 December 2015, MDC-T supporters were denied agricultural inputs in Gokwe at Chireya Business Centre and at Katamba Business Centre”.
 

By Terrence Mawawa, Gutu|Chief Serima, Vengai Rushwaya, has suspended a local primary school head in his area- accusing him of being a Morgan Tsvangirai opposition activist.
 
Rushwaya a Robert Mugabe apologist, told the Ministry of Primary and Secondary Education officials to suspend Matizha Primary School Headmaster, William Nhidza after accusing him of being an opposition activist. Nhidza was transferred from the school with immediate effect.
 
Rushwaya stormed the headmaster’s office and announced the head’s suspension before proceeding to the Ministry of Primary and Secondary Education offices in Mupandawana town where he ordered the officials to suspend Nhidza with immediate effect, sources told ZimEye.com
 
“Chief Serima personally came to the school and announced the headmaster’s suspension. He accused him of being an opposition activist and he also said the head was incompetent. We were shocked by the decision because he proceeded to Mupandawana where he instructed the Ministry of Education officials to suspend Nhidza. The position is the headmaster will be transferred from the school with immediate effect. We wonder how and why a traditional leader can wield authority to suspend a school head,” said a staff member at the school.
 
Mugabe personally presided over Rushwaya’s recent inauguration and the Chief is a well known Zanu PF activist who is regularly seen wearing ruling party regalia despite the fact that the new constitution clearly states traditional leaders are expected to carry out their duties in an objective manner.
 
Rushwaya has also reportedly suspended two Agritex workers working under his area accusing them of being members of the newly formed People First party. Civil servants in the area are now living in fear and uncertainty following Rushwaya’s actions. Others sources claim the Chief is related to Mugabe while others say he is a member of the dreaded Central Intelligence Organisation (CIO).
 
Although Gutu District Education Officer Sonny Chirikure could not be reached for a comment, sources at the school maintain there is confusion at the school following Nhidza’s suspension…

Adultery damages are a legal claim meant to protect the sanctity of marriage and they remain part of our laws, a High Court judge has ruled in a direct challenge to the status in neighbouring South Africa.
South African courts last year outlawed adultery damages, a decision that was celebrated by Zimbabweans. Dismissing a constitutional application by a Harare nurse who was contesting a suit against a third party over the breakdown of a marriage, Justice Hlekani Mwayera said decisions of the South African court or other foreign courts to declare such damages unconstitutional were not binding on Zimbabwe.
Justice Mwayera said in terms of Zimbabwean policy and values, adultery remains wrongful and the claim for damages was justified as it serves to compensate the injured party.
Ms Lorraine Matione, a nurse at Harare Central Hospital, wanted adultery to be abolished saying it violated the third party’s rights to privacy and equality before the law.
The nurse is accused of knowingly having an adulterous affair with Mr Lawrence Muzvondiwa that resulted in the birth of a son. Harare lawyer Mr Nyasha Munyuru of Muvingi and Mugadza law firm, on behalf of Mr Muzvondiwa’s wife, Ms Georgina Njodzi, issued out summons claiming adultery damages to the tune of $25 000 from Ms Matione.
In the middle of the adultery hearing, Ms Matione, through her lawyer Mr Wellington Pasipanodya of Manase & Manase Legal Practitioners, raised constitutional issues.
Justice Mwayera said there was nothing unconstitutional about adultery damages.
“The marriage institution is founded upon morals and the Constitution, which is the supreme law of the country that protects the very morality, underpinned relationship,” ruled Justice Mwayera.
“Intrusion in the marriage institution by adultery therefore remains wrongful and there is nothing unconstitutional about an adultery damages claim,” he said.
“Accordingly, it is ordered that the application to have adultery damages claim declared unconstitutional is dismissed with costs. The plaintiff’s claim for adultery damages is properly before the court,” said Justice Mwayera.
He said while a person could not sue his or her spouse at law, the third party or intruder must not get away with an offence. “Whereas the innocent party cannot sue their spouse for adultery for the obvious reason (underlying the marriage relationship), they also have an option to divorce or condone and move on, the fundamental question is what should happen to the third party who would have intruded?
“It is the law which ought to retain a legal outlet to the aggrieved spouse,” he said. The third party who, with knowledge, intrudes into the marriage institution, ought to compensate the innocent spouse for the injury occasioned,” said Justice Mwayera.
“It goes without saying that adultery is almost always debilitating for the victimised spouse who suffers indignity and hurt because of the adultery.” Justice Mwayera said foreign judgments on adultery had no binding force because the issue must be analysed in the Zimbabwean context.
“Whereas it is important to take note and appreciate what is going on in other jurisdictions, it is of paramount importance to apply the principle in the context of our nation as a constitutional democracy,” he said.
Added Justice Mwayera: “It is my considered view that the society which was involved in the constitution-making process still views adultery negatively.
“The legal convictions of our society have not changed so much that adultery could objectively be regarded as reasonable and thus it remains unlawful. The Zimbabwean Constitution and subservient laws still permit redress by claims for adultery damages.”
During the hearing, Mr Pasipanodya submitted that having an affair with a married man was not legally wrong but only wrong on moral grounds. He said it was the duty of the married couples to protect and safeguard their unions and not third parties.
He said if a spouse was aggrieved by infidelity or adultery, the only two remedies were divorce or reconciliation. Mr Pasipanodya told the court that adultery was not the cause of divorce in the case of his client but instead, it was a result of divorce.
He said the law must be amended to make it clear that spouses should be responsible for protecting and safeguarding their marriages. Mr Munyuru opposed the application saying Ms Matione was fully aware of the marriage between Mr Muzvondiwa and Ms Njodzi and must be sued.
He said Zimbabwe must not be guided by decisions of courts in other countries as situations and circumstances were different. Mr Munyuru said in most cases, adultery was the cause of breakdown of marriages and the perpetrators should be punished.
He said granting the constitutional challenge would have the effect of opening the floodgates of promiscuity in these days of HIV and Aids. Mr Munyuru said Zimbabwe was a country dominated by Christianity and a decision legalising adultery would be against Christian values.
Mr Muzvondiwa and Ms Njodzi married in 1996 under the Marriages Act.
The marriage still subsists. It is alleged that in 2012, Mr Muzvondiwa entered into an adulterous relationship with Ms Matione which resulted in the birth of a child on April 9 2014.
Since then, Mr Muzvondiwa and Ms Matione have been living together as husband and wife.-State Media

The ZANU PF aligned Teachers Union of Zimbabwe TUZ says that all teachers in the country must be taken for a mandatory national service training.
Speaking to journos yesterday, the President of TUZ, Ottoman Magaya, said that members of his union have agreed to lobby government to send all teachers in the country for a mandatory psychomotor training at the Border Gezi national youth Training Centres.
Magaya said that the training will help streamline the teachers into understanding challenges faced by the country and government at present. The training will also boost loyalty to government, Magaya said.
“It is important that all teachers undergo this training as it will help them understand the history of the country thereby helping them understand the challenges that the country is going through,” he said.
Magaya’s call comes at a time when the country’s teachers are not happy with the government over delayed salaries and unpaid bonuses, and threatening to go on a strike.
Last week Zimbabwe Teachers’ Association Chief Executive Officer, Sifiso Ndlovu issued a warning that teachers were not happy with their remunerations and will be undertaking a mass labour action.
Two weeks ago members of Zimbabwe Rural Teachers Association were arrested for staging a demonstration against the government on delayed salary payments.
On the political front, the ruling ZANU PF has over the years used graduates from the training centres as a militia against opposition party supporters, a development that earned the graduates the title “green bombers” in reference to their brutality.
The Ministry of Education had not yet responded to the calls at the time of writing..

A 17-year-old boy from Luveve, Bulawayo is lucky to be alive after he was shot once on the right thigh after being mistaken for a thief by a resident of Rangemore who saw him in his yard in the wee hours of Christmas Day. Mthokozisi Ndlovu was shot by Norman Ngwenya (66). Ngwenya appeared before West Commonage magistrate Mr Abednigo Ndebele on Wednesday charged with attempted murder. Prosecuting, Mr Mufaro Mageza said on 24 December 2015 Ndlovu had gone to visit his friend Nkosilathi Ndebele aka Kiwa who had invited him to spend the Christmas Day with him at his parents’ house in Rangemore.
“At around 6pm Mthokozisi went to Rangemore with Ndebele. After some time they left Ndebele’s house and went for a beer drink at Manyonga Sports Bar. At around 1am on 25 December 2015 the two together with Ndebele’s girlfriend decided to go back home. Along the way a misunderstanding arose between Ndebele and his girlfriend resulting in Ndlovu leaving them behind,” said Mr Mageza.
It is alleged that Ngwenya was sleeping at his house in Rangemore but woke up at around 2 am when he heard his dogs barking continuously outside.
“Ngwenya saw someone opening the gate and walking towards another separate hut in that compound and asked who he was. Ndlovu replied and told him his name, his friend’s name and that he had come home to sleep. Ngwenya told him that there was no one called Kiwa in his homestead. When Ndlovu realised that he was lost he quickly asked to be directed at Plot 10 Rangemore where his friend resides,” Mr Mageza told the court.
The court heard that despite pleading that he was lost and seeking for directions to his friend’s place, Ngwenya insisted that he was a thief and had come to his home to steal.
“Ngwenya held Ndlovu and then shot him once on the right thigh with a CZ pistol. The case was reported to the police and Ndlovu was taken to United Bulawayo Hospitals for treatment,” said Mr Mageza. Ngwenya was remanded in custody to 28 January.
In another incident, a 26-year-old man from Entumbane was hit once on the head with an iron bar for allegedly greeting his neighbour’s girlfriend. Thembelani Ncube (26) was hit on the head with an iron bar by Reason Ncube (21) resulting in him sustaining a deep cut. Thembelani was also assaulted for asking Reason why he was holding an iron bar.
Reason appeared before West Commonage magistrate Mr Ndebele and was charged with attempted murder.
Thembelani later withdrew charges stating that he had not fought with Reason and that the assault was an accident.
“I withdrew charges against Reason because we were not fighting and the assault was just an accident. He is also my relative and I am no longer angry at him. The case is being withdrawn with my consent and no one influenced me to do so,” he said.-State Media

A missing Zimbabwean man has been found dead under a bridge in Manchester, UK
The dreadlocked man, a 35 year old AFM church member, Charles Munetsi, was homeless at the time of the find, Thursday.
The tragic news has seen ZimEye.com being told he is a scholarship holder who arrived in 2006 but soon caught bad luck. He was unemployed at the time of his departure.
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Details were sketchy at the time of writing but his family in the UK has been informed. More to follow as details unravel.

Two people were critically injured when heavy rains pounded Gwanda yesterday totally destroying a mine owned primary school.
Sabiwa Primary Schools at Vumbachikwe Mine in Gwanda had 13 classrooms destroyed by winds that came with the heavy down-pours late yesterday afternoon.
Two people who at the time of writing could not be identified by ZimEye.com were hit by flying roofing material as they made their way past the school.
Officials at the mine said that the school will take a while to be repaired and brought back to use after the destruction.
The damage leaves a worrying situation on what will be done to the nearly 800 children enrolled at the school.
The school which was build in the early sixties, has been a worry with people complaining to the mine management about the state of the dilapidated infrastructure.
A parent who refused to be identified thanked what he called natural justice for destroying the school with the hope that this will force the mine to build a new one. – ZimEye
No immediate comment child could be obtained from the mine management and ministry of education offices.

Mike Mmpande 35 of Siabuwa in drought stricken Binga has pleaded with a magistrate to be sent to jail with his entire family for fear that they will starve to death while he is in prison.
Mmpande was sentenced to a long 9 year period in prison by Binga magistrate Aeline Munamati for the crime of “being found in possession of a pangolin skin”.
Speaking in mitigation, Mmpande told the magistrate that he is married to two wives and has seven children. He begged with the magistrate that he is the bread winner for his family and he fears that his family will starve to death while doing time in prison.
“I am the bread winner for my family and I am scared that my family will starve to death while I am in prison. At least if they are also sent to prison with me they will also get food from prison.”
Mmpande was arrested on Sunday with a fellow villager Moses Mwinde following a tip off to the police and parks officials that they were in possession of pangolin and python skins. The police approached the pair guised as buyers of the skins and offered each of them a bag of maize meal for the skins.
The two produced the skins leading to their immediate arrest.
Pangolins and pythons are available in large amounts in the Binga area along the Zambezi river and locals have been making a living out of hunting the rare animals. Traditional healers and tourists are a ready market for the animals’ skin.
The two men will serve an effective seven years in jail each for their offences.

GWERU town clerk, Daniel Matawu, has been suspended two days after Local Government Public Works and National Housing Minister Saviour Kasukuwere instructed the commission running the local authority’s affairs to dismiss all people facing corruption and misappropriation of funds charges.
The Tsunga Mhangami-led commission responded swiftly and suspended Matawu who is accused of presiding over rampant corruption in the city.
Mhangami said yesterday: “We’ve suspended the town clerk Daniel Matawu pending investigations into the alleged misappropriation of council funds and corruption.”
A government audit that was conducted by the Local Government Ministry between July 3 and July 15 last year exposed massive rot in Gweru.
Mhangami said anyone implicated in the audit report would be suspended to pave way for investigations. “We want to investigate these allegations without undue interference from the involved parties.
“As the commission we were tasked to investigate allegations of corruption levelled against people in management and we have started that process,” he said.
Midlands Minister of State for Provincial Affairs, Jason Machaya, said Matawu’s suspension was a process aimed at cleansing the local authority.
He said Kasukuwere had set the ball rolling by instructing the commission to suspend people implicated in the audit report.
“It’s a process which will result in some in top management being fired. Matawu was the driver of the local authority and there’re problems bedevilling it which need to be resolved to bring sanity,” said Machaya.
Kasukuwere said Wednesday the commission should as a matter of urgency wield the axe on all directors that had been implicated in the audit report for fraud, embezzlement and misappropriation of funds, wasteful expenditure, non-compliance with ministerial directives, non-compliance with statutory laws and failing to manage council’s assets.
Kasukuwere said there were also under qualified managers at the local authority whom he said had no capacity to hold such offices and positions who should be shown the door.
He said such managers should be relieved of their duties and must be replaced by those that have the capacity.
Minister Kasukuwere said there should be no sacred cows. He said the main thrust for the local authority should be service delivery and not unnecessary expenditure by either council or management.State Media

A soldier, McDonald Gava has axed his wife to death before setting his two-roomed house on fire.
The bodies of Gava and his wife were found burnt in the house. Relatives and neighbours say Gava and his wife Patricia had a rocky marriage and were always trading accusations of infidelity.
“The last time I spoke to my uncle he told me they were having marital problems but I never thought he could take such gruesome action,” said Gava’s nephew.
The police were at the scene of the crime and are conducting investigations. Domestic violence continues to be a thorn in the flesh of Zimbabwean society despite spirited efforts and campaigns to bring it to an end.-State Media