OCTOBER 28, 2020

Ministry of Health and Child Care Coronavirus update 27 October 2020:

New cases: 124

Locals: 11

Returnees: 1 from Zambia

Deaths
: 0

Recoveries: 7

PCR Tests Done: 1050

National Recovery Rate: 94%

Active Cases: 269

Total Cumulative Cases: 8 315

Total Recoveries: 7804

Total Deaths: 242

A 22-YEAR-OLD man has been sentenced to 10 years imprisonment for drugging and raping his friend.

Mbusowenkosi Ncube of Spitzkop Medium Suburb had pleaded not guilty to a charge of rape but was convicted due to overwhelming evidence by Gwanda regional magistrate Mrs Sibonginkosi Mkandla.

He was sentenced to 10 years imprisonment and four years were suspended on condition that he does not commit a similar offence within the next five years.

Ncube had appeared together with Silenkosi Ndlovu (18) also of Spitzkop Medium Suburb but Ndlovu was acquitted due to lack of evidence.

Prosecuting, Mr Khumbulani Nyoni said Ncube and Ndlovu raped the 14-year-old girl on June 28 after she had accompanied Ndlovu to his place of residence.

“On 28 June at around 2PM Ndlovu met the complainant who is his friend and asked her to accompany him to his house so that he could give her a birthday present. She agreed and when they got to his home Ndlovu gave her a 500ml bottle of 7UP drink which is suspected to have been laced with drugs and she blacked out. Ndlovu was later joined by Ncube and they took advantage and raped the complainant before releasing her to go to home,” he said.

“When the complainant got home her mother suspected that she was drunk. She questioned her daughter who narrated what had happened while at Ndlovu’s home. The complainant went to hospital for an examination and it was discovered that she had some fresh bruises on her private parts. The matter was reported to the police resulting in Ncube and Ndlovu’s arrest.”

In his defence, Ndlovu, through his lawyer Mr Themba Khumalo of Mlweli Ndlovu and Partners, said on the day in question he arrived home at around 5PM and found the complainant sleeping in his room with the door locked from the inside. He said the complainant told him that her mother had chased her away as she had arrived home drunk.

“My client didn’t enter the room where the complainant was sleeping. He had this conversation with the complainant through the window as she had locked herself inside. He didn’t at any point come into contact with the complainant or rape her. If the complainant was involved in any sexual activities it surely happened wherever the complainant went after leaving his place of residence,” he said.

In his defence, Ncube also through his lawyer Mr Khumalo said on the day in question the complainant called him using her friend’s phone and asked him to organise some beer for her which she was going to collect in the afternoon. Mr Themba Khumalo said his client never gave the complainant a 500ml 7UP drink.-Chronicle

Paul Nyathi

Information just received indicates that all three journalists and Harare City Council Officials arrested while in a full council meeting have been released with no charge.

Journalists Munashe Chokodza, Takunda Mandura and Blessing Chidhakwa were arrested together with Harare City Councillors and city officials on Thursday afternoon.

This followed an unannounced raid by President Emmerson Mnangagwa’s Special Anti-Corruption Unit (SACU) in the middle of the full council meeting.

The arrested journalists and councilors were taken to Harare Central police station where they were allegedly not formally charged.

More details to follow ……

Paul Nyathi

Information. Publicity and Broadcasting Services Permanent Secretary Nick Mangwana says that the hunt for “imaginary Big Fish” in Henrietta Rushwaya case will bring no results as no so called big fish is involved in the scandal.

Watch Managwana as he responds to questions asked about the headlining scandal.

The Zimbabwe Miners Federation president Henrietta Rushwaya’s gold saga involving 6kg that was seized while allegedly being smuggled to Dubai has sucked in two more Zimbabwe Republic Police bosses, police have revealed.

In a statement this morning, police said they have now arrested six people in connection with the recovered gold worth US$333 000.

“The ZRP confirms that six more suspects have been arrested in connection with the gold smuggling investigation on Henrietta Rushwaya. These are; Ali Mohamad, Gift Karanda, Stephen Chenjerai Tserayi, Raphios Mufandauya, Superintendent Shoko and Det. Chief Inspector Chimhungu,” Police said.

Police said all the suspects are expected to appear in court soon.

Rushwaya, who is seeking bail at the courts, remains in custody following her arrest at Robert Gabriel Mugabe International Airport on Monday morning.

Paul Nyathi

A 23-year-old Bulawayo vendor was on Saturday morning crushed to death by a Zupco bus when he missed a step after allegedly being pushed out of the taking off bus by the bus crew.

Sources revealed that Mbongeni Lunga was vending inside the loading bus at the Renkini Bus Terminus when the bus took off and the vendors were bundled out by the crew.

All other vendors reportedly safely jumped out of the bus while Lunga was allegedly pushed out of the bus by the crew.

He allegedly missed a step and fell down before being crashed to death by the bus.

“Mbongeni was selling his foodstuffs in the Zupco bus going to Gutu/ Mupandawana. When the bus was about to leave the terminus, they were told to drop off and he with the other vendors jumped out of a moving bus. Unfortunately, it is not clear whether he was pushed or not but he fell close to a give way sign post and the bus ran over and crushed him,” said a family source.

Efforts to get a comment from the Bulawayo Zupco Depot were not fruitful.

State Media

POLICE in Beitbridge have arrested two Bulawayo men for allegedly smuggling into the country seven signal pistols, over 1800 units of Broncleer through an illegal crossing point along the Limpopo river. The duo reportedly entered the country through an illegal crossing point at the spillway at around 4AM on Sunday.

The place is located some 500 metres east of the Alfred Beit Bridge early on Sunday morning. They were also carrying empty cartridges for the pistols, mbanje (dagga) and an assortment of groceries. The suspects, Bekezela Tshongwe (34) and Hloniphani Masuku (36) of Old Magwegwe and Cowdray Park all in Bulawayo.

National Police Spokesperson, Assistant Commissioner Paul Nyathi said further investigations were underway. He said Masuku and Tshongwe had been charged for contravening sections of the Medicine and Allied Substances, Customs and Excise and the Criminal Law (Codification and Reform) Acts respectively.

“The suspects were spotted by our police details on patrol as they left an illegal crossing point at the Spillway. They were then trailed to Total Service station where they were then arrested,” said Assistant Commissioner Nyathi.

“Masuku and Tshongwe were then taken to the main police station in Beitbridge where a search was conducted on them and the vehicle. It was discovered that they were in possession of 50×36 boxes of Broncleer Cough Syrup, a paper bag of dagga, four Booster Batteries, seven signal pistols, 50×2 boxes of 9mm Pak Steel Blank Cartridges and 10×2 boxes of Pepper Cartridges and other various groceries”.

He said the firearms had been taken for ballistics. The other recovered goods, he added, were taken to the Zimbabwe Revenue Authority (ZIMRA).

Ass Comm Nyathi said the 50×36 boxes of Broncleer cough syrup and a paper bag of dagga were being held as exhibits. He said the value of the smuggled goods and weight of the dagga was yet to be ascertained.

“We will not take lightly to smuggling which besides affecting revenue collection is also fueling criminal activities along the borders and countrywide. Let me warn the smugglers that their days are numbered,” he said.

Paul Nyathi

Riot police who stormed the City of Harare full council meeting on Thursday and arrested councillors bundled three innocent journalists into the arresting trucks.

The three are Munashe Chokodza who is employed by online media 263Chat, Blessing Chidhakwa (Herald) and Takunda Mandura (Open Parly).

The Media Institute of Southern Africa (MISA)-Zimbabwe has condemned the arrest of the three journalists.

Asked for comment on the journalists’ arrests, Information Ministry permanent secretary Nick Mangwana said the scribes were going to be released without charge.

“Any journalist who may have been rounded by the police will be released. Currently, they are just confirming who is a journalist and who is not,” Mangwana said.

The Zimbabwe Miners Federation boss Henrietta Rushwaya was arrested in a movie-style at the Robert Mugabe International Airport on Monday as she attempted to fly out to Dubai with 6kgs of gold without export documents, the Zim Morning Post has heard.

Sources told the Zim Morning Post that Rushwaya arrived at the Airport in the company of two “aides” who played a movie-style technique to make sure she could quickly be cleared without undergoing heavy body searches.

“She was being driven in her car while the aides used their own vehicle,” said the source.

“One of the aides, Steven Tserayi quickly accompanied her into the lobby before proceeding to the passport checkpoint.

“Tserayi also ordered that the CCTV be briefly switched off and within a short period Rushwaya had completed all processes which normally take between 10 to 20 minutes.”

The source said Tserayi then left Rushwaya after making sure she was about to go to the boarding lobby.

It was around the boarding lobby that she was asked by officers from the Military Intelligence what she had in her hand luggage.

The involvement of the military intelligence brings into play another dimension to the whole saga.

The source said Rushwaya tried to call Tserayi back but the aide had already left for State House.

“After noticing that something had gone wrong Tserayi refused to come back to the Airport.”

“He even said he had never set foot at the airport on the day in question.”

“Police then called the Central Intelligence boss Isaac Moyo and explained what had transpired.”

Tserayi was arrested on Wednesday afternoon after his boss notified President Emmerson Mnangagwa.

Observers say it is the presence of the two presidential aides that complicates the issue and drags Mnangagwa into the mud.

Whose gold is it?

Since her arrest on Monday, questions have been raised about the owner of the gold Rushwaya was about to smuggle to Dubai.

Upon her arrest, Rushwaya dragged into the saga, Transnational car dealers, Ali Japan 786, after she stated that the gold belonged to them.

Speculation is also rife that Rushwaya could have been a runner for powerful government officials, with some even claiming she is related to Mnangagwa hence the gold could have been from the highest office.

Is Rushwaya related to Mnangagwa?

The Rushwaya family comes from Gutu in Masvingo Province. The Mnangagwas on the other hand, are from Dambudzo village in Mapanzure near Zvishavane in the Midlands province.

Is politics at play?

Some observers have said factional politics could be at play in Zanu PF and Rushwaya can just be a victim of the factional fights playing out in the ruling Zanu PF.

“Rushwaya is close to Mnangagwa and it is common knowledge that factionalism in Zanu PF has reached unprecedented levels.

“Mnangagwa and his deputy Constantino Chiwenga are engaged in a vicious fight to control the party ahead of 2023 elections.”

“Factionalism is oiled by sponsors so that a war chest is built well in advance. Rushwaya is most likely helping Mnangagwa build a war chest and this got into the ears of his number two.”

“Just look at how Rushwaya was arrested. Within minutes the news was all over social media giving no time for Mnangagwa to influence her release.”

Power struggles within ZMF

Since inception, there have been power struggles within ZMF which saw Rushwaya winning her presidency after some legal battles.
Insiders said ZMF has endured protracted power struggles which resulted in other officials resigning.

“Unfortunately ZMF had three vice Presidents and one of them would have been acting now but all of them resigned,” the source said.
“Blessing Hungwe was the first one to resign a few months after the election.

“Engineer Murove resigned next and a Marufu just stopped attending meetings.This shows something was extremely wrong in the organisation. Rushwaya has been accused of railroading her way out.”

Test case for the rule of law

Rushwaya’s proximity to the echelons of power presents a test case for the rule of law in Zimbabwe. Whatever happens, her case will be used to test judiciary independence. This puts whoever is hearing it in a difficult position.

Upon her initial hearing at the courts both the defence team and the State had agreed that Rushwaya be given bail.

However, barely 24 hours later magistrate Ngoni Nduna made a spectacular U-turn and objected to the granting of bail.

All eyes are on Nduna who has also ordered that more investigations be carried out as there is evidence that more people could have been involved in the smuggling racket.

Nduna argues that the National Prosecuting Authority (NPA) had not given compelling reasons why they consented to bail without opposing it.

– Zimbabwe Morning Post

Below is the full statement by Foreign Affairs Minister Dr SB Moyo

We take note of the debate which took place in the British House of Lords on 27 October and, once again, express our surprise at the level of invasive interest in our internal affairs which persists in the hallowed halls of Westminster Palace.

It is more than 40 years ago that the Union Flag was lowered and yet, it seems, our friends in London still regard Zimbabwe as part of their extended family – requiring constant supervision, correction and even punishment when, in their own assessment, we stray from the path they and others have chosen for us.

Naturally, we are disappointed at the overally negative tone and tenor of the debate and by the uninformed quality of much of the commentary or observation made by those who spoke.

The deliberate attempt to besmirch His Excellency the President, by way of innuendo, with the corruption and smuggling case involving Henrietta Rushwaya, is a new low, even for the noble Lords.

The Government representative in the House echoed London’s now well-known refrain simply dismissing our progress on reform as “inadequate” and dredging-up the usual, invariably unsubstantiated allegations of human-rights abuses and a failure to act on corruption.

We note, as deeply unfortunate, the implied threat of more sanctions from the UK and the assurance given to the Lords that such measures are currently under active consideration in London.

Equally unfortunate is the clear acknowledgement by the British Government that it is actively engaging others – including the African Union, the European Union, the Commonwealth, the Southern African Development Community (SADC) and South Africa – with a view to further intensifying pressure upon Zimbabwe.

One would have thought that, by now, a lesson would have been learned. Zimbabwe is a sovereign state. We chart our own course based on our own national interests. We co-operate with our regional partners and indeed with all partners on the basis of mutual respect and understanding.

The openness of the New Dispensation, the sincere willingness to engage and re-engage with all who wish to engage with us is not an open invitation for interference or intrusion into our internal affairs.

Genuine friends and partners do not prescribe or dictate : they guide, advise and assist.

From Government’s perspective, the UK is a respected and important trade, development and investment partner. Notwithstanding our troubled history, the lingering legacy of British colonial rule and the occasional tension within the relationship today, Zimbabwe is determined to forge a productive, mutually-beneficial partnership with the UK. Our assumption, to date, is that that desire is fully reciprocated by the United Kingdom.

Just two weeks ago, we submitted the formal Instrument of Ratification of the Economic Partnership Agreement between Zimbabwe and the United Kingdom – which will allow for the continuity of preferential Zimbabwe-UK trade even after Brexit.

There are many other areas of cooperation and collaboration between Zimbabwe and the UK. These are the real building blocks of the relationship we seek to re-establish with our friends in London.

Harare 29 October 2020

A 20-YEAR-OLD Esigodini man has been arrested for allegedly raping a 47-year-old woman after she turned down his love proposal.

Brian Ndlovu of Tusi Village in Esibomvu area was not asked to plead when he appeared before Gwanda magistrate, Miss Lerato Nyathi facing a rape charge. He was remanded in custody to November 6.

Prosecuting, Miss Ethel Mahachi said Ndlovu met the woman while she was on her way home on June 30 and proposed love to her.

“On 30 June at around 6PM the complainant was on her way home from the business centre when she met Ndlovu. He proposed love to the complainant and she turned him down. The complainant left the accused person standing along the footpath and she proceeded home.

“On the same night at around 9PM Ndlovu arrived at the complainant’s place of residence while she was asleep in her bedroom hut. Ndlovu knocked on the door and when the complainant asked who it was he lied and pretended to be her neighbour who was in need of her help. The woman opened the door and Ndlovu requested to have sexual intercourse with her but she refused and ordered him to leave her homestead. This didn’t go down well with Ndlovu who then slapped the complainant several times on her face and threated to kill her if she didn’t give in to his demands,” he said.

Miss Mahachi said Ndlovu then ordered the complainant to remove her underwear and lie on the bed facing upwards and she complied. He said the accused person then raped the complainant.

Miss Mahachi said after committing the offence the accused person fled from the scene and the complainant rushed to a neighbour’s homestead where she sought refuge.

The matter was reported to the police resulting in the arrest of the accused person.

By Jane Mlambo| Three journalists Munashe Chokodza, Takunda Mandura and Blessing Chidhakwa have been arrested and together with Harare City Councillors and city officials.

This followed an unannounced raid by President Emmerson Mnangagwa’s Special Anti-Corruption Unit (SACU) in the middle of the full council meeting.

The arrested journalists and councilors have been taken to Harare Central police station though they have not been formally charged.

More to follow….

Zanu-PF acting spokesperson Patrick Chinamasa again savaged United States ambassador to Zimbabwe Brian Nichols, saying he is pushing a regime change agenda.

He alleged that Nichols was financing some private individuals to push an online anti-Zimbabwe narrative adding that the ambassador was at the forefront of pushing an CIA regime agenda.

Chinamasa said Nichols does not speak like a normal diplomat as he is not seeking to promote good relations.

He added that he felt sorry for Nichols given that he is African American and that he is being used in that manner.

Source – Daily News

We take note of the debate which took place in the British House of Lords on 27 October and, once again, express our surprise at the level of invasive interest in our internal affairs which persists in the hallowed halls of Westminster Palace. 

It is more than 40 years ago that the Union Flag was lowered and yet, it seems, our friends in London still regard Zimbabwe as part of their extended family  –  requiring constant supervision, correction and even punishment when, in their own assessment, we stray from the path they and others have chosen for us.

Naturally, we are disappointed at the overally negative tone and tenor of the debate and by the uninformed quality of much of the commentary or observation made by those who spoke.

The deliberate attempt to besmirch His Excellency the President, by way of innuendo, with the corruption and smuggling case involving Henrietta Rushwaya, is a new low, even for the noble Lords.

The Government representative in the House echoed London’s now well-known refrain simply dismissing our progress on reform as “inadequate” and dredging-up the usual, invariably unsubstantiated allegations of human-rights abuses and a failure to act on corruption.

We note, as deeply unfortunate, the implied threat of more sanctions from the UK and the assurance given to the Lords that such measures are currently under active consideration in London.

Equally unfortunate is the clear acknowledgement by the British Government that it is actively engaging others  –  including the African Union, the European Union, the Commonwealth, the Southern African Development Community (SADC) and South Africa   –  with a view to further intensifying pressure upon Zimbabwe.

One would have thought that, by now,  a lesson would have been learned.  Zimbabwe is a sovereign state.  We chart our own course based on our own national interests.  We co-operate with our regional partners and indeed with all partners on the basis of mutual respect and understanding.

The openness of the New Dispensation, the sincere willingness to engage and re-engage with all who wish to engage with us is not an open invitation for interference or intrusion into our internal affairs.

Genuine friends and partners do not prescribe or dictate  :  they guide, advise and assist. 

From Government’s perspective, the UK is a respected and important trade, development and investment partner.  Notwithstanding our troubled history, the lingering legacy of British colonial rule and the occasional tension within the relationship today, Zimbabwe is determined to forge a productive, mutually-beneficial partnership with the UK.  Our assumption, to date,  is that that desire is fully reciprocated by the United Kingdom.

Just two weeks ago, we submitted the formal Instrument of Ratification of the Economic Partnership Agreement between Zimbabwe and the United Kingdom –  which will allow for the continuity of preferential Zimbabwe-UK trade  even after Brexit. 

There are many other areas of cooperation and collaboration between Zimbabwe and the UK.  These are the real building blocks of the relationship we seek to re-establish with our friends in London.

Paul Nyathi

Zimbabwe Miners Federation (ZMF) which on Monday rushed to vindicate gold smuggling arrested Henrietta Rushwaya has come to its senses and suspended her on allegations of putting the name of the organisation into disrepute.

Rushwaya who was the organisation’s President was suspended following her arrest on Monday at the Robert Gabriel Mugabe Harare International Airport while trying to smuggle 6kg of gold to Dubai.

The ZMF management board, which consists members of the national executive, the council and regional representatives convened a meeting on Thursday afternoon in Gweru and suspended Rushwaya.

Announcing the suspension, the ZMF national chairperson Mr Makumba Njenje said Rushwaya’s deputy, Mr Marufu Sithole would be acting president with immediate effect.

ZimEye is reliably informed that the Special Anti-Corruption Unit (SACU) has detained Harare City Council councilors and officials attending today’s full council meeting with the Deputy Mayor Luckson Mukunguma said to have disappeared from his chairing seat to evade arrest.

A number of council officials including Town ClerK, Hosea Chisango, former Mayor Herbert Gomba and Town Planners have been arrested in connection with corruption in the allocation of residential stands. THIS IS A DEVELOPIGN STORY

More to follow….

Farai Dziva| Overzealous prison officers stunned all and sundry when they claimed jailed MDC Alliance activist, Terrence Manjengwa is a threat to security.

The prison officers, acting on instructions from Acting Assistant Commissioner General Chikobvu blocked MDC Alliance vice chairperson Job Sikhala from seeing Manjengwa at Harare Remand Prison.

“Dear Zimbabweans, today(Wednesday) I went to Harare Remand prison to see Terrence Manjengwa and the prison authorities through the Acting Commissioner General Chikobvu denied me authority to see him.

I had a 30 minutes meeting with the said Commissioner General but he said Terrence is a threat,” Sikhala said in a brief statement.

Farai Dziva|Mr Emmerson Mnangagwa is punishing opposition members by making sure that they serve sentence before trial.

In a hard-hitting statement, MDC Alliance spokesperson, Stephen Sarkozy Chuma, condemned the illegal detention of party activist Terrence Manjengwa.

Read full statement below :

Terrence Manjengwa Case: When Sentence Precedes Trial

29-10-2020

Terrence Manjengwa, an MDC Alliance Youth Assembly Glen View North Organizer is languishing at Harare Remand Prison for more than two months now for attending court in solidarity with MDC Alliance Vice Chairman, Job Sikhala.

Terrence’s case is one of many where activists and dissenting voices serve jail sentences without trial.

It is a new wicked tactic by Emmerson Mnangagwa’s corrupt regime to set an example on voices that dare to raise a finger on his ever blundering government.

Serving two months in prison pending trial is worse than a situation of a criminal serving the same for a committed offence.

The new evil scheme is to bundle activists and opposition figures together with notorious criminals in prisons’ D section so as to break their spirits.

This is exactly the same scenario with ZINASU President, Takudzwa Ngadziore.

He had become a pimple in the *ss for ZANU PF interests at Impala Car Rental by his 101 meters demonstration against abductions.

Despite Ngadziore being a mere student leader voicing genuine concerns against abduction of fellow student, Tawanda Muchehiwa, the young man had to rot in prison serving a one month sentence before trial.

Investigative journalist, Hopewell Chin’ono had to go through the same punishment for becoming a sore finger to Mnangagwa’s regime due to his hard hitting corruption expose articles.

While the likes of Terrence Majengwa are serving sentences before trial, real criminals like Obadiah Moyo, Delish Nguwaya and Priscilla Mupfumira are walking scot free due to their proximity to the President’s Office.

Manjengwa and many other political prisoners rotting in prisons dotted around the country deserve justice.

It is time that as citizens we collectively demand our freedoms and justice, for the two are never voluntarily given by the oppressor.

Terrence represents all the young people itching for a just and corrupt free society. We are Terrence and Terrence is us, hence the regime must treat his issue as a matter of urgency.

As youths, we demand for the unconditional release of our fellow comrade.

#IAmTerrence!
#WeAreTerrence!
#FreeTerrence!

Stephen Sarkozy Chuma
MDC Alliance Youth Assembly National Spokesperson

By A Correspondent| Zimbabwe Miners Federation (ZMF) has suspended its president, Henrietta Rushwaya on allegations of putting the name of the organisation into disrepute following her arrest on Monday at the Robert Gabriel Mugabe Harare International Airport while trying to smuggle 6kg of gold to Dubai.

The ZMF management board, which consists members of the national executive, the council and regional representatives convened a meeting on Thursday afternoon in Gweru and suspended Rushwaya.

Announcing the suspension, the ZMF national chairperson Mr Makumba Njenje said Rushwaya’s deputy, Mr Marufu Sithole would be acting president with immediate effect.

-State Media

Farai Dziva|The ZIMSEC June results are out.

According ZBC TV, ZIMSEC results for candidates who sat for their exams in June are now out.

The credibility of the results is under scrutiny given the fact that the exams were written at the peak of the deadly COVID-19 pandemic.

Parents and teachers cite lack of adequate preparation time for the examinations.

By Stephen ‘Sarkozy’ Chuma| Terrence Manjengwa, an MDC Alliance Youth Assembly Glen View North Organizer is languishing at Harare Remand Prison for more than two months now for attending court in solidarity with MDC Alliance Vice Chairman, Job Sikhala.

Terrence’s case is one of many where activists and dissenting voices serve jail sentences without trial.

It is a new wicked tactic by Emmerson Mnangagwa’s corrupt regime to set an example on voices that dare to raise a finger on his ever blundering government.

Serving two months in prison pending trial is worse than a situation of a criminal serving the same for a committed offence.

The new evil scheme is to bundle activists and opposition figures together with notorious criminals in prisons’ D section so as to break their spirits.

This is exactly the same scenario with ZINASU President, Takudzwa Ngadziore. He had become a pimple in the ass for ZANU PF interests at Impala Car Rental by his 101 meters demonstration against abductions.

Despite Ngadziore being a mere student leader voicing genuine concerns against abduction of fellow student, Tawanda Muchehiwa, the young man had to rot in prison serving a one month sentence before trial.

Investigative journalist, Hopewell Chin’ono had to go through the same punishment for becoming a sore finger to Mnangagwa’s regime due to his hard hitting corruption expose articles.

While the likes of Terrence Majengwa are serving sentences before trial, real criminals like Obadiah Moyo, Delish Nguwaya and Priscilla Mupfumira are walking scot free due to their proximity to the President’s Office.

Manjengwa and many other political prisoners rotting in prisons dotted around the country deserve justice.

It is time that as citizens we collectively demand our freedoms and justice, for the two are never voluntarily given by the oppressor.

Terrence represents all the young people itching for a just and corrupt free society. We are Terrence and Terrence is us, hence the regime must treat his issue as a matter of urgency.

As youths, we demand for the unconditional release of our fellow comrade.

IAmTerrence!

WeAreTerrence!

FreeTerrence!

Stephen Sarkozy Chuma
MDC Alliance Youth Assembly National Spokesperson

By A Correspondent- Zanu-PF acting spokesperson Patrick Chinamasa again savaged United States ambassador to Zimbabwe Brian Nichols, saying he is pushing a regime change agenda.

He alleged that Nichols was financing some private individuals to push an online anti-Zimbabwe narrative adding that the ambassador was at the forefront of pushing an CIA regime agenda.

Chinamasa said Nichols does not speak like a normal diplomat as he is not seeking to promote good relations.

He added that he felt sorry for Nichols given that he is African American and that he is being used in that manner–DailyNews

The Zimbabwe Miners Federation president Henrietta Rushwaya’s gold saga involving 6kg that was seized while allegedly being smuggled to Dubai has sucked in two more Zimbabwe Republic Police bosses, police have revealed.

In a statement this morning, police said they have now arrested six people in connection with the recovered gold worth US$333 000.

“The ZRP confirms that six more suspects have been arrested in connection with the gold smuggling investigation on Henrietta Rushwaya. These are; Ali Mohamad, Gift Karanda, Stephen Chenjerai Tserayi, Raphios Mufandauya, Superintendent Shoko and Det. Chief Inspector Chimhungu,” Police said.

Police said all the suspects are expected to appear in court soon.

Rushwaya, who is seeking bail at the courts, remains in custody following her arrest at Robert Gabriel Mugabe International Airport on Monday morning.

-State Media

Someone please help me understand what the big issue with these pictures is? Is the issue that Zimbabwe is gold rich and a lot of young people have access to it or some crime is being committed? What's the story??‍♀️ pic.twitter.com/BhBTFp1X5x

— Nick Mangwana (@nickmangwana) October 28, 2020

By Brian A Nichols| The Zimbabwean government announced on September 8 a mining ban in all national parks — reversing a decision to permit Chinese firms to explore for coal in the world-famous Hwange National Park.

This was a wise decision for sustainable development and a significant step to safeguard Zimbabwe’s protected areas and ensure wildlife conservation. The decision acknowledges that transparency is vital to create an open and fair business environment in Zimbabwe, to nurture homegrown enterprises, and to attract foreign investment.

Equally important, the reversal responded appropriately to Zimbabwean citizens who had exercised their constitutionally protected rights and demonstrated the high risks of not following the country’s established environmental compliance procedures, including serious ecological degradation of wildlife habitats that bring in valuable and sustainable international tourism revenue. Democracy in action means not just holding elections but responding to citizens’ concerns between elections as well.

The decision also sends a positive message to international companies interested in mining in national parks.

The US embassy strongly supports the combined efforts of all interested stakeholders to protect national parks, as these protected areas provide valuable revenue to the national parks authority, the tourism industry, and most importantly, to the communities that live around them.

Beyond just revenue, the national parks represent a magnificent piece of Zimbabweans’ heritage for all to cherish and enjoy.

Through the US Agency for International Development (USAid) community-based resilience and natural resource management programme, we work with targeted communities so that they receive the benefits from prudent use of the natural resources around protected areas in the southeast lowveld.

Additionally, we work closely with the tourism industry to assure that communities are an important partner to help conserve Zimbabwe’s natural resources — its spectacular protected areas that are world renowned for their diversity of stunning landscapes and wildlife.

The Chinese embassy in Zimbabwe claims they are “friends without strings” that do not “meddle in the internal affairs” of Zimbabwe”.

Let us examine this statement. What is meant by internal affairs? Is asking the government of Zimbabwe to honour its own regulations to conduct Environmental Impact Assessments of potential mining operations meddling in internal affairs? What about the prevention of the illegal wildlife trade that is run by criminal organisations who slaughter wildlife for sale outside Zimbabwe and destroy natural habitats — is this meddling in internal affairs?

When animals flee poachers and destroy crops or damage water sources outside protected areas during a humanitarian food security crisis that requires food assistance from the United States and other donors — is this an internal affair? Is the support, training, and technological assistance to the health sector in Zimbabwe considered meddling? What about ensuring a transparent and welcoming business environment in Zimbabwe to attract international business investors — another internal matter?

We encourage and support all democratic efforts to broaden local dialogue, strengthen independent media and provide the voiceless with a stake in the future of Zimbabwe — one more internal affair?

The US government has demonstrated time and again its long-standing friendship through our investments to improve the lives of the Zimbabwean people. Whether with local or international partners, we provide over US$300 million annually to the people of Zimbabwe on a wide range of domestic matters. Since 1980, the United States has provided over US$3,5 billion in assistance, including nearly US$1,2 billion in health assistance.

Since the outbreak of COVID-19, the US government has committed more than $19 million to assist Zimbabwe fight the pandemic and support essential health services. Our All-of-America approach highlights the generosity of American private businesses, nonprofit groups, charities, faith-based organisations, and individuals, as well as the ingenuity of our scientists, researchers, and innovators.

Through USAid programmes, we have trained more than 8 200 healthcare workers and experts to provide technical support at health facilities in Zimbabwe during the COVID-19 pandemic.
Through long-standing support from the US Centers for Disease Control and Prevention for laboratory quality assurance and information management systems, high quality COVID-19 testing commenced rapidly at the onset of the pandemic.

Attracting international business partners, including US private sector enterprises, can play an important role in helping Zimbabwe restart its economy. We support US companies which seek to trade and invest in Zimbabwe.

This aids both of our nations’ prosperity, and the business practices of our companies — many of them global leaders which have a positive impact wherever they operate. US sanctions only restrict companies from doing business with 37 specific entities and 83 individuals.

These targeted sanctions have not hindered US companies which entered Zimbabwe with great fanfare and no complaints about sanctions. The US embassy facilitates private sector business relationships and promote US investment in Zimbabwe, which is why we know that credible private sector actors always conduct supply chain due diligence and their company policies do not support harmful activities.

Individual businesses decide where and when to invest based on the investment climate, predictable tax policies, and rule of law. Unfortunately, Zimbabwe ranks near the bottom on several key indicators, including the World Bank’s ease of doing business list; Transparency International’s Corruption Perceptions Index; and the Heritage Foundation’s Index of Economic Freedom report.

While we have seen US companies enter Zimbabwe, we have also seen some exit due to these challenges. It is up to Zimbabwe governmental institutions and private sector partners to demonstrate their commitment to transparency and integrity.

The ban on mining exploration in Zimbabwe’s national parks sends a clear signal that transparency and integrity will be applied in the sector. This is a meaningful step in the right direction. I encourage the government to continue on this path to realise the broad political and economic reforms that President Emmerson Mnangagwa promised when he took office. Once fully implemented, these necessary reforms will help improve Zimbabwe’s economic growth prospects as well as its ability to attract new investment.

Our continued partnership with the people of Zimbabwe and their government on these internal, domestic priorities demonstrates true friendship that improves the everyday lives of the people of Zimbabwe.

By A Correspondent- War veterans are demanding automatic tickets to represent the governing Zanu-PF party in the by-elections to fill vacant parliamentary and municipal seats.

They want the same to be done in the District Coordinating Committee (DCC elections).

The ruling party is holding primary elections ahead of the much-awaited by-elections to fill seats left vacant after the MDC-T interim President Thokozani Khupe recalled 30 legislators and 80 councillors saying they were no longer members of her party.

Victor Matemadanda, the secretary general of the Zimbabwe National Liberation War Veterans Association (ZNLWA) and Zanu-PF commissar revealed that war veterans were pushing for automatic slots in the elections as most of them were bona- fide party members.

Matemadanda, however, said “they have to be vetted” by the party’s politburo first.

“We are in the process of selecting candidates to contest in the by elections and DCC and most of the war veterans have said they wanted to be voted to represent the party,” Matemadanda said.

 “The candidates have to be vetted and approved by the party Politburo and most of the war veterans want an automatic entry into the race as the majority of them have a track record of the party.”

In the ongoing by elections in Zanu-PF some of the war veterans who have indicated that they want to contest in the by elections included Lawrence Katsiru in Marondera Central and Jeremiah Chiwetu Marondera East Constituency.

Some of the war veterans who are legislators include Joseph Chinotimba (Buhera South) and Matemadanda (Gokwe Central), among others.

ZNLWVA chairperson Christopher Mutsvangwa is the Zanu-PF shadow MP for Norton Constituency.

President Emmerson Mnangagwa, Vice Presidents Kembo Mohadi and Constantino Chiwenga and Zanu-PF national chairperson Oppah MuchinguriKashiri and secretary for administration Obert Mpofu are all war veterans.-BusinessTimes

Farai Dziva|Mr Emmerson Mnangagwa is deliberately lying to the entire nation as part of a calculated ploy to atone for his glaring blunders, President Chamisa has said.

Mr Mnangagwa claims the country cannot borrow from the World Bank because of sanctions.

According to President Chamisa, Mr Mnangagwa is bad borrower and the World Bank cannot support his administration financially.

“Mnangagwa tells supporters that they can’t borrow from the World Bank because of sactions.

Verdict: False. Mnangagwa cannot borrow because he is a bad borrower.

Their debt servicing record is very bad. They borrow and they don’t pay back.

First, they withdraw for themselves from the national account. The account gets depleted, and they raid people’s foreign currency deposits. The deposits get depleted and they now borrow from outside not to finance development but to fund their lavish lifestyles. To finance the construction of their huge mansions, purchase of fancy luxurious cars and purchase of women and opposition money mongers.

Nothing is reserved for Zimbabwe. That’s why the healthcare is in a mess. With such kind of corruption, I guarantee Zimbabwe can’t change as long the devil is in power.

A new government, totally free of Zanu pf, is the solution,” said President Chamisa in a strong statement.

By A Correspondent- In a leaked letter that was addressed to President Mnangagwa by Judges who were  complaining about Chief Justice Malaba, the Judges revealed that relatives of senior officials at the Judiciary service commission (JSC) are providing services to the commission in a clear case of corruption.

The letter further went on to reveal a case in point of how a law firm in which Chief Justice Malaba’s daughter is a partner is providing legal services to the JSC.

Complained the Judges:

…The renovation and furnishing of court rooms by relatives of senior JSC personnel across the country remains a topical issue which Commissioners do not appear to be addressing.

The provision of other services by relatives of other JSC personnel including by a firm of lawyers where the CJ’s daughter is a partner raises many conflict of interest issues as charges by the law firm are not likely to be subjected to scrutiny.

And given the wide powers that the CJ has arrogated to himself, there is the ethical Issue of whether this law firm can ever lose a case in the superior courts as the CJ determines who hears which case…

The judges also said the JSC abandoned hiring services from Rooneys and started hiring services from an events company owned by VP Chiwenga and his estranged wife Marry.

Source: Judges Complain to Mnangagwa about Chief Justice Malaba (1).

By Jane Mlambo| Bulawayo arts industry has been plunged into mourning again following the sad passing on of diversified cultural group IYASA founding member Sibonisiwe Sithole.

Sithole who was IYASA’s longest serving member remained in the group that was also home to famous names such as Sandra Ndebele among other top Bulawayo arts personalities.

“Rest in Power Sibonisiwe Sithole
You danced your way around the world and into many people’s hearts. Your talent and commitment was exemplary,” Baya said.

She was in her late 30s.

More to follow…

By A Correspondent- The Reserve Bank of Zimbabwe (RBZ) has in its latest report said reserve money increased by $2.2 billion to $17.6 billion for the week ending October 16, 2020.

According to the central bank, the surge is an indication of a rise in banking sector deposits at the RBZ as the Government paid its workers.

The central bank also reported that the stock of reserve money rose $2.1 billion while banks’ statutory reserves surged by a marginal $0.1 billion during the period under review.

Reads the report in part:

The increase in banks’ liquidity at RBZ was largely attributable to the decline of Government deposits at RBZ by $1.4 billion as the Government was paying salaries to its employees.

RBZ explained that a reduction in Government deposits at RBZ represents an injection of liquidity in the banking sector whilst an increase of deposits represents the withdrawal of money from the banks.

It also attributed the balance of $700 million increase in reserve money to the purchase of foreign exchange by the RBZ through banks for purposes of funding the foreign exchange auction system introduced in June this year.

The update also observed that purchases of foreign currency by the RBZ increase the amount of liquidity in the market, whilst the sale of foreign currency by the monetary authorities has the effect of withdrawing liquidity from the market.-statemedia

Harare City Council (HCC) has conditionally lifted suspensions of 25 officials who were implicated in an irregular sale of council stands saying their absence had negatively affected the local government’s delivery of public goods and services.

The alleged underhand dealings reportedly prejudiced the local authority of US$1 million in revenue as proceeds were never remitted into council accounts.

Director of housing and community services Admore Nhekairo is now back at work after his suspension was lifted in September.

The resolution to lift the suspension was passed by the council’s general-purpose committee meeting held on October 13. Read the minutes of the meeting:

Council notes the update on the cases of twenty-five (25) employees from its various departments who have been placed on suspension and or have pending investigation/disciplinary hearings over alleged illegal sale or improper allocation of council land.

Council notes the update on the cases of twenty-five (25) employees from its various departments who have been placed on suspension and or have pending investigation/disciplinary hearings over alleged illegal sale or improper allocation of council land.

Council notes that the employees referred to in paragraph 5(1) of the confidential report (October 12, 2020) by the acting human capital director are currently on bail whose conditions prohibit them from interfering with investigations and witnesses but do not prohibit them from reporting for duty.

The committee also agreed that employees whose bail conditions are flexible, without any strict condition may be allowed to report for duty under “very strict conditions and supervision of the investigation authorities.”

Over a dozen of Harare City Council officials including councillors were arrested and dragged to court facing charges of criminal abuse of office after selling land.-Newsday

By A Correspondent- The State yesterday made an about-turn and withdrew its earlier offer of bail to Zimbabwe Miners Federation president Henrietta Rushwaya, claiming she was likely part of a larger syndicate in a gold smuggling racket.

The State said it now had fresh details on the circumstances surrounding her case, confirming she was working with a central intelligence officer (CIO) and other purported intelligence officers.

The State threatened more arrests in connection with Rushwaya’s gold smuggling case.

The former football administrator is being charged with contravening section 182 of the Customs and Excise Act after she was arrested on Monday at the Robert Gabriel Mugabe International Airport while trying to smuggle 6 095,66 grammes of gold to Dubai.

State prosecutor Garudzo Ziyadhuma told the court that they were withdrawing their earlier consent to grant her bail and would justify why it is now being opposed.

Ziyadhuma said the manner in which the crime was committed pointed to a classic example of organised crime.

“When the accused person approached the exit point, the CCTV that was manning the area was switched off and her clearance took less than four minutes. The syndicate is actually wider and upon taking note of that in light of the scope of investigation, we are bringing some of the suspects in court on similar charges tomorrow (today),” Ziyadhuma told the court.

“There is also evidence availed that the accused person attempted to bribe the officers who captured her at the Robert Gabriel Mugabe International Airport. There are also other persons involved in assisting the accused person to smuggle the gold, a member of the Central Intelligence Organisation and another who purports to be a member of the CIO.”

Ziyadhuma said the State was also intending to investigate the destination of the gold.

Rushwaya’s lawyer Tapson Dzvetero opposed the withdrawal of the consent saying the State had not complied with the court order which asked it to provide reasons for consenting to the granting of bail.

“There is a directive by this court directed to the State on why they made concessions not to oppose bail and that directive has not been complied with by the State. The State has not submitted the reasons why they conceded to bail on Wednesday,” Dzvetero said.

Dzvetero said if there were any changed circumstances, the State was at liberty to bring them to court before it consented.

“The State’s approach leaves one with a sour taste in the mouth. Is it that the concession was made through corrupt means? If it was genuine, on which basis was it arrived at? If it was there, what was there that is now missing or has changed? The State is trying to jump the question of the concession and its basis in the first place,” Dzvetero said.

He said the approach had now scandalised the institution of the Prosecutor-General’s Office and the entire investigations.

Magistrate Ngoni Nduna postponed the matter to tomorrow, saying he needed time to assess all the points of law submitted by both parties before making a ruling.-Newsday

By A Correspondent- Four more people who were arrested on Wednesday in connection with the foiled plot by Ms Henrietta Rushwaya Zimbabwe Miners Federation President (ZMF) to smuggle six (6) kgs of gold are set to appear at court today, ZimEye has learnt.

The four include:

• Ali Mohammed of the car dealership Ali Japan 786, whom Rushwaya allegedly fingered as the source of the four gold bars found in her luggage.
• Two security services officers, Steven Cherai and Rafius Mupandauya, who may have been involved in the attempt to get Rushwaya through the security checks with her gold.
• Gift Karanda who national police spokesperson Assistant Commissioner Paul Nyathi last night said, when confirming the four arrests, had allegedly lied that he was a member of the Central Intelligence Organisation (CIO) after he went to the airport to assist Rushwaya.

The state yesterday applied to withdraw their consent for bail for Rushwaya who remains in custody until Friday following her arrest at Robert Gabriel Mugabe International Airport on Monday morning.

Prosecutors had initially agreed to $90 000 plus the surety of title deeds to her lawyer’s Borrowdale property.

Rushwaya is expected in court on Friday when the Harare Magistrates Courts will rule on whether or not the State can withdraw its earlier consent and if so whether Rushwaya can still be admitted to bail, and if so under what conditions.

Meanwhile, her arrest has caused concern as to how much the country could be losing through smuggling of minerals through porous borders.

By A Correspondent- The Zimbabwe Anti-Corruption Commission is pushing for changes in legislation that would allow it to keep 15% of crime proceeds that it recovers.

This comes after Finance Minister Mthuli Ncube said that ZACC was under-resourced.

ZACC spokesperson John Makamure said that the institution had made the proposal in an Anti-Corruption Commission Lay Bill that was submitted to the AG’s office this year.

He said that the commission was hiring more skilled staff who in turn needed to be paid.

He also said that ZACC has more than 40 applications regarding asset forfeiture involving US$100 mln worth of assets that it has seized since July 2019.-FinGaz

By Jane Mlambo| The opposition MDC Alliance has announced the death of its national executive committee member and former legislator Fanny Chirisa early morning today.

Posting on Facebook, the MDC Alliance said Chirisa (69) was very active in pushing women’s rights issues.

“The MDC Alliance is saddened to learn of the passing of prominent women’s rights activist & former MP, Hon Fanny Chirisa. Hon Chirisa was a member of the MDC Alliance National Executive Committee. We extend our deepest condolences to her family on this sad loss,” the party said.

Meanwhile, party members have taken turns to remember Honorable Chirisa paying tribute to the work she did in the upliftment of women.

“She was committed to the upliftment of women especially in politics. Thank you for the consciousness Sisi Fanny Chirisa. Rest In Power qhawe lamaqhawe! Till we meet again,” party Secretary for International relations Gladys Hlatywayo said.

More to follow…

NewsDay

SUSPENDED High Court judge Justice Erica Ndewere has claimed interference by Chief Justice Luke Malaba, whom she accused of ordering her to deny bail to former Tourism minister Priscah Mupfumira and MDC Alliance deputy chairperson Job Sikhala who separately appeared before her on appeal.

Justice Ndewere was recently suspended by the Judicial Service Commission (JSC) for improperly quashing a prison sentence imposed on a thief and also taking too long to deliver judgments and a recommendation has already been made to President Emmerson Mnangagwa to set up a tribunal to investigate her.

She, however, denies the charges, claiming she was being victimised for spurning Chief Justice Malaba’s “unlawful” orders.

On Monday, she approached the High Court seeking an interdict order to block Mnangagwa from setting a tribunal to investigate her.

In an urgent chamber application filed on Monday, Justice Ndewere accused Chief Justice Malaba of interfering with her verdicts, thus compromising judicial independence.

Through her lawyers Mtetwa and Nyambirai Legal Practitioners, Justice Ndewere said she was being victimised by Chief Justice Malaba for refusing to deny bail to Mupfumira and Sikhala.

“… In addition, the alleged complaints amount to victimisation in that I refused to comply with the said unlawful order,” Justice Ndewere said.

“The allegations are not only false and malicious, but are calculated to compromise my independence as a judge and give the second respondent unlawful power to control and direct judges to act upon his instructions as it suits him.”

She further said the setting up of the tribunal violated her right to administrative justice, equality before the law and right not to be treated in a discriminatory manner.

The beleaguered judge also said the complaints against her were improperly and unlawfully presented and submitted to the JSC by unknown persons without following due process.

“In addition, I shall move for an order that any disciplinary proceedings against a sitting judge shall be conducted in accordance with the regulations as read with the Constitution of Zimbabwe,” Justice Ndewere said, adding that she was not opposed to being investigated as she had nothing to hide.

“… however, this investigation is being weaponised as a means of attacking not just my independence as a judge, but the independence of the Judiciary as a whole,” she argued.

Justice Ndewere said Chief Justice Malaba threatened to investigate her in August 2019 after she spurned an order to deny Mupfumira bail.

She said on September 15, 2020, she reserved judgment in Sikhala’s bail appeal, but Chief Justice Malaba’s interference continued to haunt her.

“However, I refused to be intimidated and I considered the bail appeal on the merits and, after determining that it was a meritorious case, I granted Sikhala bail,” she said.

The judge also said after complaints were raised against her, her lawyers took issue with the fact that the complainant before the JSC was Chief Justice Malaba, not her immediate supervisor Judge President George Chiweshe.

The matter is yet to be set down for hearing.

NewsDay

BULAWAYO residents have given the Zimbabwe National Water Authority (Zinwa) a two-day ultimatum to fulfil its promise to supply water from the Epping Forest to the city.

Most Bulawayo residential areas are facing serious water shortages, with some going for more than three weeks without tap water. High-lying areas have been without water for over five months.

The Bulawayo Water Action (Buwa), in a statement yesterday, said it had started the countdown with members displaying posters reminding Zinwa to fulfil its promise to provide water by month end.

The residents said in August, Zinwa confirmed through public media that it had received $205 million for the Nyamandlovu Epping Forest Bulawayo water augmentation project.

“On October 10, Buwa and Bulawayo Progressive Residents Association members toured the project site where they were apprised by Zinwa operations manager, one Matare and Gwayi Catchment manager Tonny Rosen on the progress made,” Buwa said.

“During the tour of Epping Forest, the Zinwa officials reiterated their position to have the project completed by the end of October. Buwa has, therefore, begun a process where it is using social media to get Bulawayo residents to count down to the end of October deadline.”

Buwa said the countdown was meant to remind Zinwa of its commitment and to show it that as residents they were seriously in need of the water from Epping Forest to alleviate the water crisis.

“The countdown will be done until October 31 where we expect Zinwa to issue an official statement clarifying if they have met their target or not. Should Zinwa confirm that water is now flowing to Bulawayo on October 31, we shall shift our focus to Bulawayo City Council and ask it to prove that there are 10 megalitres of water coming by improving the water schedule scheme,” Buwa said.

“This is not a protest, but it is active citizenship where residents are exercising their fundamental rights and freedoms and their duty to hold duty bearers to account. This action is open to anyone who wants water seriously and we invite even those outside Bulawayo to stand in solidarity with us. It shall continue everyday until the 31st of October 2020.”

Zinwa in September started drilling boreholes at Epping Forest in Nyamandlovu as part of efforts by the government to augment water supply in Bulawayo following the release of $205 million for the project.

The money was disbursed to Zinwa which is mandated to supply raw water to the local authority.

Part of the money was channelled towards upgrading the Mtshabezi Dam pipeline. Treasury released the funds in August as the government affirmed its commitment to address Bulawayo water woes.

As of mid-September, it was revealed that five boreholes had been drilled at the Nyamandlovu Aquifer with five more expected to be completed before year-end.

TEACHERS’ unions have dismissed Buhera West MP Joseph Chinotimba’s claims that they were on the opposition MDC Alliance payroll and involved in plotting government’s downfall.

The educators advised the Zanu PF legislator to concentrate on resolving his marital problems instead of delving in matters that don’t concern him.

The firebrand legislator taunted striking teachers on Tuesday, saying they were being paid by the opposition MDC Alliance to embark on a strike in order to discredit President Emmerson Mnangagwa’s government.

Chinotimba made the claims in Parliament after teachers insisted on United States dollar-indexed salaries.

However, teachers’ unions had no kind words for him and advised him to desist from making blanket statements, but name those whom he had identified being paid by the opposition.

Progressive Teachers Union of Zimbabwe secretary-general Raymond Majongwe yesterday threw a salvo at Chinotimba, urging him to invest his energy in solving his domestic issues with his “many wives”.

“Chinotimba should just leave us alone. Instead, he should concentrate on solving his issues with his estranged wives. I have nothing more to say. We’re not going back to work until the employer played its part and incapacitate us,” Majongwe said.

Chinotimba made headlines last week after his second wife, Locardia Dzitiro, was caught in a compromising position with another man in Harare.

Zimbabwe Teachers Association chief executive officer Sifiso Ndlovu dismissed Chinotimba’s claims, saying his organisation was purely a teacher union representing the interests of teachers.

“We, as Zimta, are not fronting any agent,” Ndlovu said.

“We are an agent on our own representing our teachers who are drawn from all walks of life to improve their socio-economic issues. We have never been used by any agent other than trade union and social responsibility for our members. It is up to (Hon) Chinotimba to define who are these teachers on the MDC Alliance payroll.

“It is a question of incapacitation for our teachers to go to back to work. When we used the word incapacitation, it was deliberate to show that the onus lies with the employer to see into the welfare of teachers so that they deliver a social service to the people.”

The Zanu PF legislator claimed that government had done its best to address teachers’ grievances.

Teachers have been on strike since September when schools reopened for examination classes.

This strike has left students unattended, with some reportedly engaging in and sexy orgies and drugs.

Schools opened on Monday for non-examination classes, but teachers have vowed not to go back to work until government has adjusted their salaries.

Zimbabwe Ministry of Health and Child Care (MoHCC) coronavirus/COVID-19 situation report as of 27 October 2020:

• New cases: 5
• Locals: 5
• Returnees: 0
• Deaths: 0
• Recoveries: 41
• PCR Tests Done: 571
• National Recovery Rate: 94%
• Active Cases: 233
• Total Cumulative Cases: 8 320
• Total Recoveries: 7 845
• Total Deaths: 242

NewsDay

SUSPENDED High Court judge Justice Erica Ndewere has claimed interference by Chief Justice Luke Malaba, whom she accused of ordering her to deny bail to former Tourism minister Priscah Mupfumira and MDC Alliance deputy chairperson Job Sikhala who separately appeared before her on appeal.

Justice Ndewere was recently suspended by the Judicial Service Commission (JSC) for improperly quashing a prison sentence imposed on a thief and also taking too long to deliver judgments and a recommendation has already been made to President Emmerson Mnangagwa to set up a tribunal to investigate her.

She, however, denies the charges, claiming she was being victimised for spurning Chief Justice Malaba’s “unlawful” orders.

On Monday, she approached the High Court seeking an interdict order to block Mnangagwa from setting a tribunal to investigate her.

In an urgent chamber application filed on Monday, Justice Ndewere accused Chief Justice Malaba of interfering with her verdicts, thus compromising judicial independence.

Through her lawyers Mtetwa and Nyambirai Legal Practitioners, Justice Ndewere said she was being victimised by Chief Justice Malaba for refusing to deny bail to Mupfumira and Sikhala.

“… In addition, the alleged complaints amount to victimisation in that I refused to comply with the said unlawful order,” Justice Ndewere said.

“The allegations are not only false and malicious, but are calculated to compromise my independence as a judge and give the second respondent unlawful power to control and direct judges to act upon his instructions as it suits him.”

She further said the setting up of the tribunal violated her right to administrative justice, equality before the law and right not to be treated in a discriminatory manner.

The beleaguered judge also said the complaints against her were improperly and unlawfully presented and submitted to the JSC by unknown persons without following due process.

“In addition, I shall move for an order that any disciplinary proceedings against a sitting judge shall be conducted in accordance with the regulations as read with the Constitution of Zimbabwe,” Justice Ndewere said, adding that she was not opposed to being investigated as she had nothing to hide.

“… however, this investigation is being weaponised as a means of attacking not just my independence as a judge, but the independence of the Judiciary as a whole,” she argued.

Justice Ndewere said Chief Justice Malaba threatened to investigate her in August 2019 after she spurned an order to deny Mupfumira bail.

She said on September 15, 2020, she reserved judgment in Sikhala’s bail appeal, but Chief Justice Malaba’s interference continued to haunt her.

“However, I refused to be intimidated and I considered the bail appeal on the merits and, after determining that it was a meritorious case, I granted Sikhala bail,” she said.

The judge also said after complaints were raised against her, her lawyers took issue with the fact that the complainant before the JSC was Chief Justice Malaba, not her immediate supervisor Judge President George Chiweshe.

The matter is yet to be set down for hearing.

Justice, Legal and Parliamentary Affairs Permanent Secretary Mrs Virginia Mabhiza has defended under fire Chief Justice Luke Malaba claiming that he is being victimised for fighting corruption within the bench.

Reacting to the anonymous document purported to have been authored by the superior courts judges and being circulated on social media and newspapers attacking the judiciary, the JSC and the Chief Justice in particular, Mrs Mbhiza said that the issues raised in the document were the same old stories, which are being recycled and had been investigated already.

The document that was addressed to President Mnangagwa raised a plethora of allegations against the Judiciary and the Commission.

“We do not believe this document was authored by judges because if it was, then we see no reason really why it should be anonymous persons,” said Mrs Mabhiza.

“Honourable judges have previously made complaints and written petitions to the Chief Justice, the JSC and His Excellency. At no time have they done this anonymously.”

In July this year, Chief Justice Malaba issued an internal memorandum directed to the High Court judges on the need to pronounce judgments when they are ready, the judges wrote to the Judge President, identifying themselves, expressing concern.

They have also done petitions identifying themselves before expressing concern on their conditions of service.

In 2015 the judges wrote a petition addressed to the then Chief Justice Godfrey Chidyausiku, complaining after he publicly lambasted them for not performing their duties, againthey identified themselves.

They appended signatures on each of the petitions.

Mrs Mabhiza said the document which has gone viral on various social media platforms was authored by those who are aggrieved by the stance taken by Chief Justice Malaba and the Commission to fight corruption and hold people including members of the Judiciary accountable.

“The stance which is well supported by Government is commendable,” she said.

“It cannot be a coincidence that the attack on the Chief Justice and the JSC comes immediately after the Chief Justice had caused the investigations of three judges for various acts of gross incompetence and gross misconduct.

“This is a carefully orchestrated move that is meant to cow the establishment including the Chief Justice and the Commission from inquiring into acts of misconduct against some senior members of the judiciary.”

Mrs Mabhiza also expressed satisfaction with the work that is being done by the JSC, saying her ministry supported the stance of Chief Justice Malaba that “whilst the Judiciary is independent they must also be accountable”.

State Media

Four more people were yesterday arrested in connection with the 6kg of gold that was seized while allegedly being smuggled to Dubai by Zimbabwe Miners Federation president Henrietta Rushwaya.

Rushwaya remains in custody following her arrest at Robert Gabriel Mugabe International Airport on Monday morning as complications arose in her bail application.

The four include Ali Mohammed of the car dealership Ali Japan 786, whom Rushwaya allegedly fingered as the source of the four gold bars found in her luggage, plus two security services officers, Steven Cherai and Rafius Mupandauya, who may have been involved in the attempt to get Rushwaya through the security checks with her gold, and Gift Karanda who national police spokesperson Assistant Commissioner Paul Nyathi last night said, when confirming the four arrests, had allegedly lied that he was a member of the Central Intelligence Organisation (CIO) after he went to the airport to assist Rushwaya.

As more details of the alleged attempt to smuggle the gold worth US$333 000 out of the country emerge, prosecutors yesterday applied to withdraw their consent for bail for Rushwaya.

They had previously agreed to $90 000 plus the surety of title deeds to her lawyer’s Borrowdale property.

She remains in custody until Friday when the Harare Magistrates Courts will rule on whether or not the State can withdraw its earlier consent and if so whether Rushwaya can still be admitted to bail, and if so under what conditions.

Rushwaya (53), did not have supporting documents for gold export.

Prosecutors yesterday told the court that the smuggling attempt was well-orchestrated by a wide network involving members of the security services, airport officials and others masquerading as top security agents.

Prosecutor Mr Garudzo Ziyaduma said the smuggling attempt was planned in such a manner that Rushwaya would only take four minutes to complete the check-in process. Security personnel manning the closed circuit television monitoring system were allegedly instructed to switch it off as she walked to the VIP exit point.

There were also, allegedly, back-up plans to bribe those who might have “smelt a rat” with allegations that Rushwaya tried to bribe two officers.

Mr Ziyaduma and Mr Charles Muchemwa then applied for the withdrawal of their earlier consent for bail.

“This was an organised plan to commit crime because of the manner in which the execution of the offence was carried out.

“The net of the syndicate is actually wider. Hence upon taking note of that, we have enlarged the scope of the investigation,” said Mr Ziyaduma.

“We expect more suspects to be brought to court tomorrow. There is also evidence that was availed to the effect that the accused tried to bribe two officers who had discovered the offence.

“There were also other personnel involved in assisting in the smuggling of gold. One is a member of the CIO and the other was masquerading as one. The net is wider than what was thought earlier hence the decision to withdraw the consent.”

He said the police were instituting investigations into the source of the gold and its intended destination.

Rushwaya’s lawyer Mr Tapson Dzvetero opposed the State’s application for removal of consent for bail on legal grounds and said the State first had to explain why it consented to the proposed bail conditions. He was also critical of the extra allegations the State was now making without providing evidence.

He said the State’s decision was an afterthought which arose without any changed circumstances from the time Rushwaya was arrested and the consent to allow her bail.

Mr Dzvetero accused the State of failing to furnish the court with reasons why it had initially consented to bail on Tuesday.

“That is the starting point. The State should have started by saying why it had conceded to bail and that is what they had been directed by the court.

“Instead of complying with the court order, the State is now making a fresh application. In other words, the State is approaching the court with dirty hands. The State is clearly in contempt of court, that is, to give reasons why they conceded. The State must purge its contempt first,” he said.

Mr Dzvetero dismissed allegations that CCTVs were switched off saying the State failed to substantiate its claims in court. He also denied that Rushwaya bribed two officers who caught her at the airport saying there was no proof brought before court to that effect.

In his response Mr Ziyaduma said there would be no prejudice if the earlier concession was withdrawn.

He said the rationality on arriving at that decision was that Rushwaya would be given an opportunity to indicate whether she was a good candidate for bail or not.

Magistrate Mr Ngoni Nduna remanded Rushwaya in custody to tomorrow when he is expected to make a ruling on the State’s application for withdrawing the consent.

A 22-YEAR-OLD man has been sentenced to 10 years imprisonment for drugging and raping his friend.

Mbusowenkosi Ncube of Spitzkop Medium Suburb had pleaded not guilty to a charge of rape but was convicted due to overwhelming evidence by Gwanda regional magistrate Mrs Sibonginkosi Mkandla.

He was sentenced to 10 years imprisonment and four years were suspended on condition that he does not commit a similar offence within the next five years.

Ncube had appeared together with Silenkosi Ndlovu (18) also of Spitzkop Medium Suburb but Ndlovu was acquitted due to lack of evidence.

Prosecuting, Mr Khumbulani Nyoni said Ncube and Ndlovu raped the 14-year-old girl on June 28 after she had accompanied Ndlovu to his place of residence.

“On 28 June at around 2PM Ndlovu met the complainant who is his friend and asked her to accompany him to his house so that he could give her a birthday present. She agreed and when they got to his home Ndlovu gave her a 500ml bottle of 7UP drink which is suspected to have been laced with drugs and she blacked out. Ndlovu was later joined by Ncube and they took advantage and raped the complainant before releasing her to go to home,” he said.

“When the complainant got home her mother suspected that she was drunk. She questioned her daughter who narrated what had happened while at Ndlovu’s home. The complainant went to hospital for an examination and it was discovered that she had some fresh bruises on her private parts. The matter was reported to the police resulting in Ncube and Ndlovu’s arrest.”

In his defence, Ndlovu, through his lawyer Mr Themba Khumalo of Mlweli Ndlovu and Partners, said on the day in question he arrived home at around 5PM and found the complainant sleeping in his room with the door locked from the inside. He said the complainant told him that her mother had chased her away as she had arrived home drunk.

“My client didn’t enter the room where the complainant was sleeping. He had this conversation with the complainant through the window as she had locked herself inside. He didn’t at any point come into contact with the complainant or rape her. If the complainant was involved in any sexual activities it surely happened wherever the complainant went after leaving his place of residence,” he said.

In his defence, Ncube also through his lawyer Mr Khumalo said on the day in question the complainant called him using her friend’s phone and asked him to organise some beer for her which she was going to collect in the afternoon. Mr Themba Khumalo said his client never gave the complainant a 500ml 7UP drink.-Chronicle

Four more people were yesterday arrested in connection with the 6kg of gold that was seized while allegedly being smuggled to Dubai by Zimbabwe Miners Federation president Henrietta Rushwaya.

Rushwaya remains in custody following her arrest at Robert Gabriel Mugabe International Airport on Monday morning as complications arose in her bail application.

The four include Ali Mohammed of the car dealership Ali Japan 786, whom Rushwaya allegedly fingered as the source of the four gold bars found in her luggage, plus two security services officers, Steven Cherai and Rafius Mupandauya, who may have been involved in the attempt to get Rushwaya through the security checks with her gold, and Gift Karanda who national police spokesperson Assistant Commissioner Paul Nyathi last night said, when confirming the four arrests, had allegedly lied that he was a member of the Central Intelligence Organisation (CIO) after he went to the airport to assist Rushwaya.

As more details of the alleged attempt to smuggle the gold worth US$333 000 out of the country emerge, prosecutors yesterday applied to withdraw their consent for bail for Rushwaya.

They had previously agreed to $90 000 plus the surety of title deeds to her lawyer’s Borrowdale property.

She remains in custody until Friday when the Harare Magistrates Courts will rule on whether or not the State can withdraw its earlier consent and if so whether Rushwaya can still be admitted to bail, and if so under what conditions.

Rushwaya (53), did not have supporting documents for gold export.

Prosecutors yesterday told the court that the smuggling attempt was well-orchestrated by a wide network involving members of the security services, airport officials and others masquerading as top security agents.

Prosecutor Mr Garudzo Ziyaduma said the smuggling attempt was planned in such a manner that Rushwaya would only take four minutes to complete the check-in process. Security personnel manning the closed circuit television monitoring system were allegedly instructed to switch it off as she walked to the VIP exit point.

There were also, allegedly, back-up plans to bribe those who might have “smelt a rat” with allegations that Rushwaya tried to bribe two officers.

Mr Ziyaduma and Mr Charles Muchemwa then applied for the withdrawal of their earlier consent for bail.

“This was an organised plan to commit crime because of the manner in which the execution of the offence was carried out.

“The net of the syndicate is actually wider. Hence upon taking note of that, we have enlarged the scope of the investigation,” said Mr Ziyaduma.

“We expect more suspects to be brought to court tomorrow. There is also evidence that was availed to the effect that the accused tried to bribe two officers who had discovered the offence.

“There were also other personnel involved in assisting in the smuggling of gold. One is a member of the CIO and the other was masquerading as one. The net is wider than what was thought earlier hence the decision to withdraw the consent.”

He said the police were instituting investigations into the source of the gold and its intended destination.

Rushwaya’s lawyer Mr Tapson Dzvetero opposed the State’s application for removal of consent for bail on legal grounds and said the State first had to explain why it consented to the proposed bail conditions. He was also critical of the extra allegations the State was now making without providing evidence.

He said the State’s decision was an afterthought which arose without any changed circumstances from the time Rushwaya was arrested and the consent to allow her bail.

Mr Dzvetero accused the State of failing to furnish the court with reasons why it had initially consented to bail on Tuesday.

“That is the starting point. The State should have started by saying why it had conceded to bail and that is what they had been directed by the court.

“Instead of complying with the court order, the State is now making a fresh application. In other words, the State is approaching the court with dirty hands. The State is clearly in contempt of court, that is, to give reasons why they conceded. The State must purge its contempt first,” he said.

Mr Dzvetero dismissed allegations that CCTVs were switched off saying the State failed to substantiate its claims in court.

He also denied that Rushwaya bribed two officers who caught her at the airport saying there was no proof brought before court to that effect.-The Herald

OCTOBER 28, 2020

Ministry of Health and Child Care Coronavirus update 27 October 2020:

New cases: 124

Locals: 11

Returnees: 1 from Zambia

Deaths
: 0

Recoveries: 7

PCR Tests Done: 1050

National Recovery Rate: 94%

Active Cases: 269

Total Cumulative Cases: 8 315

Total Recoveries: 7804

Total Deaths: 242

Farai Dziva|Mr Emmerson Mnangagwa is deliberately lying to the entire nation as part of a calculated ploy to atone for his glaring blunders, President Chamisa has said.

Mr Mnangagwa claims the country cannot borrow from the World Bank because of sanctions.

According to President Chamisa, Mr Mnangagwa is bad borrower and the World Bank cannot support his administration financially.

“Mnangagwa tells supporters that they can’t borrow from the World Bank because of sactions.

Verdict: False. Mnangagwa cannot borrow because he is a bad borrower.

Their debt servicing record is very bad. They borrow and they don’t pay back.

First, they withdraw for themselves from the national account. The account gets depleted, and they raid people’s foreign currency deposits. The deposits get depleted and they now borrow from outside not to finance development but to fund their lavish lifestyles. To finance the construction of their huge mansions, purchase of fancy luxurious cars and purchase of women and opposition money mongers.

Nothing is reserved for Zimbabwe. That’s why the healthcare is in a mess. With such kind of corruption, I guarantee Zimbabwe can’t change as long the devil is in power.

A new government, totally free of Zanu pf, is the solution,” said President Chamisa in a strong statement.

Farai Dziva|Zanu PF MP for Chiredzi West, Farai Musikavanhu has openly declared that MDC Alliance members should not be given food aid.

Musikavanhu made the remarks at a meeting in ward 18 Chiredzi West.

“Hon Musikavanhu MP Chiredzi West addressing Ward 18….

Politicisation of food aid wil nt be tolerated.Pple w disability are being denied food aid bcoz of political affiliation.

This shld stp.Thnks 2
@ForumMasvingofor petitioning,” MDC Alliance councillor Gilbert Mutubuki wrote on Twitter.

“Zanu PF Members of Parliament do not hide their politicization of food aid. 8,6 million Zimbabweans are food insecure yet MP Musikavanhu of Zanu PF openly declares that MDC members will not access any food relief.

The weaponization of food for political ends must stop,” MDC Alliance said in a statement.

CHIVI – Police have been accused of assaulting a mentally challenged man from Chivi who then allegedly died with his hand and leg chained to a metal base inside a cell at Madamombe Police Station.

Relatives of the deceased complained to The Mirror that they found Dereck Hlomai dead on October 15, 2020 when they took some food and a certificate to prove to the officers that the man was mentally challenged.

National Police spokesperson, Assistant Commissioner Paul Nyathi referred questions to provincial spokesperson, Chief Inspector Charity Mazula who is however, not responding to the media.

A grieving Mercy Hlomai said she found her brother dead when she took some food and a certificate of illness to the Police Station.

Christopher Kufakunesu, a cousin to the deceased accused cops of murdering his relative.

Headman Madamombe also confirmed the case and said the body had since been taken to Bulawayo for postmortem.

Tapiwa Murena, a lawyer with Zimbabwe Lawyers’ for Human Rights, said that Police were callous in handcuffing Hlomai to a metal base when he was not a flight risk.

“I went to Madamombe Police Station on the October, 15 to bring my brother some food and a certificate to show the Police that the man was mentally challenged. It was when I got in the cell that I found that he died handcuffed to a metal base.

“The body was taken from Madamombe Police base to Masvingo General Hospital on October, 16, 2020 before being transferred to UBH in Bulawayo for post mortem,” said Mercy.

Sources said Hlomai was arrested at Madamombe Business Centre at around 10pm on October 14, 2020 on suspicion of stealing Mdzibo’s pot. He was allegedly assaulted by a security guard and a Police officer whose names are given.

On October 15 Mercy brought the deceased food and found him already dead with a hand and leg chained.

Kufakunesu also complained about costs which he said they were too harsh on them.

“The state is being inconsiderate as we are responsible for all the costs whilst our relative died in hands of the Police,” Kufakunesu said.

Kufakunesu also complained against Police for not giving the family a report on how Hlomai died as they claim that they do not know the whereabouts of Chimudende. 

Source -Masvingo Mirror

Farai Dziva|Zimbabwe Miners Federation president, Henrietta Rushwaya’s gold smuggling scam has taken a dramatic turn.

Rushwaya was arrested at Robert Mugabe International after she was caught with 6 kilograms of gold.

According to the State, the net is wider than earlier thought, hence the decision to withdraw the consent to bail.

There were other personnel involved in the gold smuggling scam.

This is a classic example of organised crime, in the manner in which the execution of the offence was carried out, according to court papers.

As such, the onus to demonstrate that there are compelling reasons in denying the accused person bail lies with the State.

FIVE more people have succumbed to Covid-19 in Zimbabwe and 27 positive cases have been recorded.

According to the Ministry of Health and Child Care, three of the latest deaths were recorded in Bulawayo province which has the highest number of active cases at 123.

Zimbabwe has 264 active cases.

The country has recorded 242 deaths so far.

“We recorded 27 new cases and five deaths reported in the last 24 hours and the seven-day rolling average for new cases rises to 21 today from 18 yesterday,” read a statement from the Ministry.

“All 27 are local cases and three of the deaths were reported in Bulawayo, one in Manicaland and the fifth one in Masvingo province. No new recoveries reported and the national recovery rate stands at 94 percent while active cases go up to 264.”

The Ministry said as of Monday, Zimbabwe had recorded 8 303 cases, 7 797 recoveries and 242 deaths.-Chronicle

Three police officers from Mutare have been arrested for allegedly stealing 79 of the 143 smuggled clothing bales they had intercepted.

National police spokesperson Assistant Commissioner Paul Nyathi last night confirmed the arrest of the trio. “The police can confirm the arrest of detective Assistant Inspector R. Arovishi, Detective Sergeant K. Mushwete and Detective C. Chidakwa for criminal abuse of duty as public officers under the Criminal Law (Codification and Reform) Act [Chapter 9:23,” he said.

Asst Comm Nyathi said they were working closely with the Special Anti-Corruption Unit on the matter.

According to police,  the trio intercepted a truck with 143 bales at around 1am on October 19.

The accused are said to have connived with Edward Muhamba to steal part of the contraband and they stored 79 bales at the latter’s garage in the eastern border city.

The remaining 67 were surrendered to police and the three accused officers got US$2 000 from Muhamba.

Asst Comm Nyathi said the offence came to light after the police officers failed to honour some of the terms of the agreement with Muhamba who then made a police report.

The 79 bales were recovered at Muhamba’s garage leading to the arrest of the trio.-The Herald

Below is a transcript of the live debate in parliament during the day as Zengeza MP, Job Sikhala together with Norton MP Temba Mliswa took the minister of Justice over interference in the judicial system by Chief Justice Like Malaba.

The embarrassing matter was also briefly discussed 6,000 miles away in the British House Of Lords.

It was today established with the minister that Malaba has truly interfered with the judges of the Supreme and High Courts.

HON. SIKHALA:  My question is directed to the Minister of Justice, Legal and Parliamentary Affairs.  My question today is specifically about justice and not parliamentary and legal affairs.  In line with Section…

THE HON. SPEAKER:  Order. You cannot remove the full title of the Hon. Minister which has been constitutionally given to him – [Laughter.] –  You have no authority to do that.

HON. SIKHALA:  It is alright Mr. Speaker Sir.  My question is directed to the Minister of Justice, Legal and Parliamentary Affairs.  In light with Section 164 of our Constitution that guarantees the independence of the Judiciary in our country; what is your Ministry doing vis-a-vis issues of interference and judicial capture that are currently being raised by judicial officers in our country?  What is your Ministry doing to reassure both the public and also members of the judiciary that our country will continue upholding the independence of the judiciary?

THE HON. SPEAKER:  Hon. Sikhala, your question is on a knife edge.  It was not explicit.

HON. SIKHALA:  My question to the Minister of Justice, Legal and Parliamentary Affairs…

THE HON. SPEAKER:  Can you be linked please?

HON. SIKHALA: Am I not connected Mr. Speaker Sir?

THE HON. SPEAKER: No you are not. You are now connected.

HON. SIKHALA:  Issues that are being raised concerning the interference of the Chief Justice Luke Malaba on how to deal with officers and other judges of the superior court in our country has become a matter of  national concern in as far as the independence of the judiciary is concerned?

THE HON. SPEAKER: What is the question?

HON. SIKHALA:  What is the Ministry doing so that judicial officers remain independent and their roles are not interfered with?

THE HON. SPEAKER:  Hon. Sikhala seems to be repeating something that is before the courts.

HON. SIKHALA:  Not that one Mr. Speaker Sir.  I am talking about the memo that was written by the judges of late.

THE HON. SPEAKER: This is why I had said you should be clear.

HON. SIKHALA:  Not on that issue that is before the court…

THE HON. SPEAKER:  You are talking about a memorandum. 

HON. SIKHALA:  Yes.

THE HON. SPEAKER:  That is clear now. 

THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. ZIYAMBI):  I will respond broadly and then go to the specific request that Hon. Sikhala has asked.  Our Constitution guarantees the independence of the judiciary officers.  In so far as they are dealing with specific cases, even the Chief Justice cannot interfere with whatever they are doing, be it a judge or a magistrate.  That is enshrined in the Constitution.  There are also several provisions that insulate our judicial officers so that in the exercise of their duty they must feel safe from whatever victimisation that they may encounter.  It also extends to the provision regarding their removal – where the President would be requested to set up a tribunal to investigate that question against specific parameters.  You cannot just wake up and say I do not like Justice so and so and a tribunal is set up.  Certain requirements have to be satisfied.

Coming to the so called memo, I have not seen the memo and I would like Hon. Sikhala to favour me with that so that I can study it and see how it is interfering with the functions of our judicial officers.  I thank you.

HON. SIKHALA:  Thank you Mr. Speaker Sir.  My supplementary follows also on the same route of the independence of the judiciary.  What is the Minister’s view vis-à-vis the special projects office being manned by one Thabani Vusa Mpofu in the Office of the President and Cabinet whose rule is to interfere with the functions of the judiciary both at lower courts and superior courts?

THE HON. SPEAKER:  Hon. Sikhala, will you favour the Minister with a copy of the memo in due course?

HON. SIKHALA:  I will favour him with the memo Mr. Speaker Sir.

THE HON. SPEAKER:  Thank you.

HON. ZIYAMBI: Thank you Mr. Speaker Sir.  Firstly, my personal opinion does not arise when I am executing my duties.  I am guided by the parameters that I am supposed to follow, the Constitution and the laws of Zimbabwe.  Again, if the Hon. Member feels that there is interference in so far as the functioning of the judiciary is concerned, he can favour me also again with whatever interference he feels is being done.  As far as I am concerned, the judiciary is so much independent to do whatever they want and I cannot even interfere with their work myself.  I thank you.

HON. T. MLISWA:  Mr. Speaker Sir, to be specific it is the Special Anti-Corruption Unit which has been given the mandate to investigate and prosecute, yet in the Constitution those powers are given to ZACC and to the Prosecutor General and the ZRP.  From a constitutional point of view, where does the Special Anti-Corruption Unit fit?  Which section of the Act?  We would like to know because they are acting illegally.  The three institutions I have mentioned are the ones which should do that in the Constitution…

THE HON. SPEAKER: Order, order.  Your question has gone into some quagmire because it is not related at all to Hon. Sikhala’s question on the independence of the judiciary and some referred interferences – [HON. MEMBERS:  Inaudible interjections.] – Order! That is a different question alltogether.

HON. T. MLISWA:  Hon. Sikhala mentioned and we can check the Hansard, the name of Thabani Vusa Mpofu.  He is the one who is heading the Special Anti-Corruption Unit.  That is where I am coming from.  He mentioned that name and his role is head of the special anti-corruption unit.  That is how I brought it in.  I do not know if that makes sense. 

THE HON. SPEAKER:  No, it does not.  What you need to have done is to indicate to the Hon. Minister what extent the gentleman concerned is interfering with the judiciary. 

HON. T. MLISWA:  This is why I said, in the Constitution, the Special Anti-Corruption Unit is not there.  So it is interfering.  It is ZACC which can investigate the ZRP and the Prosecutor General’s Office.  That is where I am coming from.  I am coming from a very constitutional manner and I do not think there can be any better explanation than that.  It is not there in the Constitution.  That is why I am saying the role that he is playing, where is it in the Constitution…

THE HON. SPEAKER:  Order, order.  That is a different fundamental question. 

HON. T. MLISWA:  I will ask it with your indulgence.  Thank you.

THE HON. SPEAKER:  You are not demonstrating to the Hon. Minister.  The question of interference with the independence of the judiciary – that is where I am coming from.

HON. T. MLISWA:  He is interfering because he is arresting people and investigating them when he has no mandate constitutionally.  I do not know if you now understand me.  So that is interference.

THE HON. SPEAKER:  No, the judiciary does not arrest the people.  So, there is no connection.  I want a connection raised by Hon. Sikhala that there is interference with the judiciary.

HON. T. MLISWA:  I stand guided.  I will ask this it as a question.

HON. B. DUBE:  Thank you Mr. Speaker Sir.  My supplementary is following up to what Hon. Hon. Sikhala asked the Minister, to what extent does the Ministry consider the implications of the now withdrawn circular which had been directed by the Chief Justice which was more like revising or approving judgments before they are out, especially taking into account that the chief justices of Africa had to also write a memo to that effect.  How is the Ministry guaranteeing us on that aspect?

THE HON. SPEAKER:  Alright, I got it Hon. Dube.  The difficulty of the Chair is that you are now chasing a moribund memo which the Hon. Minister had requested.  How can we chase after a dead donkey?  We cannot – [HON. MEMBERS:  Inaudible interjections.] – Order, order.  Hon. Sikhala, what you need to do is you do not speak and address the Chair while you are seated.  You rise and you are recognised and you seek clarification.

HON. SIKHALA:  I am saying this Mr. Speaker Sir is that the question which was asked both by Hon. Mliswa and Hon. Dube are fundamental because they touch the core and root of the independence of our Judiciary. Can I seek your indulgence that the Minister gives us –

THE HON. SPEAKER: Order, please do not mislead the House. Hon. Mliswa has admitted that his question is fundamentally different –so no reference to it. Stick to the clarification that was raised by Hon. Dube.

HON. SIKHALA: Mr. Speaker, the memo that I gave reference to is partially not related to the one Hon. Dube gave reference to. The one that I am referring to is the one by our own Judicial officers but the one which Hon. Dube referred to was a memo by the Chief Justice of Africa to our Chief Justice when he gave a directive that all judges must submit all judgments before delivery to him to which the Chief Justice of Africa had to intervene to say this is an assault at the root of the core of the independence of the Judiciary. That is the one which Hon. Dube was referring to. 

THE HON. SPEAKER: So which one was withdrawn?

HON. SIKHALA: That memo which the Chief Justice has given directive to judicial officers.

THE HON. SPEAKER: That is the one you were supposed to give to the Hon. Minister.

HON. SIKHALA: No, that is not the one. The one that I am talking about is the one by our own local judicial officers – but Mr. Speaker, I would beg that if the Hon. Minister will do us a favour to give us a written Ministerial Statement on the state of the Judiciary so that we will be able to extensively enquire on some of those things that we want to understand as the House.

THE HON. SPEAKER: You mean on the independence of our Judiciary?

HON. SIKHALA: On the independence of our Judiciary.

THE HON. SPEAKER: Alright. You are still going to favour the Hon. Minister with that memo.

HON. SIKHALA: Yes, I will do that.

HON. ZIYAMBI: Mr. Speaker, my duty as the Minister is not to supervise the Judiciary insofar as how they conduct their work. I give policy directions and whenever they have internal memos, I do not vet them; neither do I request for them, but from what I got from Hon. Dube there was a memo by the Chief Justice which the Chief Justice eventually withdrew. So if he withdrew the memo there was some acknowledgement of error by the Chief Justice and I am not sure why he still wants to pursue a dead donkey, so to speak. I thank you – [HON. SIKHALA: Its impact on the independence of the Judiciary. The Judiciary is all about the confidence of the Judiciary outside.] –

MDC-T president Dr Thokozani Khupe yesterday made a veiled attack on Nelson Chamisa for causing instability in the country in his quest to assume power despite losing the 2018 elections.

She said this while making her maiden speech in the National Assembly during debate to thank the President for delivering the State of the Nation and official opening of the third session of the ninth Parliament speech to Parliament last week.

Dr Khupe, who is now the leader of the opposition in Parliament said she would continue engaging the President despite criticism in some quarters.

“I would also like to state that our purpose as the MDC-T is not about power and positions,” Dr Khupe said.

“Our purpose is about advancing the interests of the 14, 6 million Zimbabweans. The sad part is that for others it’s about power and positions.

“They say ‘because I did not get the power and position that I wanted, parliament must not operate. Because I did not get the power and position that I wanted, Zimbabwe must come to a standstill, because I did not get the power and position that I wanted, Zimbabwe must burn’.”

Dr Khupe added that it was important for people to get out of the election mode once elections are over.

“Once elections have come and gone it is important that we unite as a nation and as a people and advance the development of the country,” she said.

Dr Khupe said there was need to change the political culture in the country by promoting love.

“It is important that we deal with the toxicity of hate and replace it with love we want an enduring peace and love in the country,” she said.

“I am the leader of the opposition and I am going to be dialoguing with the President for a better life. I know there are people with this notion that anyone who dialogues with the President is a sell out and as I said earlier I am going to be dialoguing with the President for a better life and if I am to be a sell let it be.”

She also said Government should deal with corruption and improve transparency in the mining sector.

Dr Khupe also called for the removal of sanctions saying they had negatively impacted on the economy.

Zanu PF chief whip Pupurai Togarepi who moved the motion commended Government for the various policies it had adopted that had stabilised the economy in the face of challenged that include sanctions and persistent droughts.

Pindula|In a letter penned by judges to President Emmerson Mnangagwa complaining about Chief Justice Luke Malaba  and how he is running the judiciary service commission, the judges accused Justice Malaba of the following things:

1. The Chief Justice rules without fetter
2. The Chief Justice now routinely interferes with magistrates and their decisions through the Chief Magistrates’ office.
3. Promotion without interviews of senior personnel within the Judicial Service Commission
4. Where certain decisions are made which are unpopular with the Chief Justice, parties are directed to appeal with guarantees of success on appeal,

5. No Supreme Court judgment can be delivered without the Chief Justice’s approval.
6. All draft judgments in the Supreme Court are circulated amongst all the judges including those who did not hear arguments on the matter. Judges who did not hear an argument on a particular case can influence the result without having even read the record. During the circulation, the Chief Justice can tell the judges to change their judgments
7. A complaint against Justice Mabhikwa has been allowed to fester and It Is an open secret that the Chief Justice sent a personal emissary to him on how to respond.

8. He concealed the misconduct allegations against him when he was interviewed for the position of Chief Justice
9. Most of the decisions paraded as JSC decisions are in fact the Chief Justice’s personal decisions which he instructs the Secretary of the JSC to communicate as Commissioners’ decisions
10. The Chief Justice rents out one of his houses to the JSC.
11. Abandoning the hiring of services from Rooneys in favor of hiring these from a company belonging to one of the Vice Presidents and his estranged wife at a cost far higher than that charged by Rooneys

12. The renovation and furnishing of courtrooms by relatives of senior JSC personnel across the country
13. The provision of other services by relatives of other JSC personnel including by a firm of lawyers where the CJ’s daughter is a partner
14. The Chief Justice address judges as they are errant school boys and girls.
15. In the Supreme Court, judges are humiliated in front of others by being made to “clap for performers” and perceived “non-performers” are dressed down in front of their colleagues