Patrick Chitumba, Midlands Bureau Chief
A BULAWAYO High Court judge has appealed to Treasury to equip police with forensic equipment to enable them to fully investigate murder cases.

Justice Maxwell Takuva, sitting at the Gweru High Court circuit on Thursday last week before acquitting a self confessed lady of the night who was accused of killing her boyfriend in November 2012, said the lack of such tools frustrated police investigations and the delivery of justice.

Appearing before Justice Takuva, sitting with assessors Mrs Chipo Junia Baye and Mr Wellington Matemba, was Febbie Chamunorwa (27) of Ascot Infill, Gweru, facing one count of murder.

She pleaded not guilty to the charge maintaining that her boyfriend Ashton Adias Mukucha committed suicide by stabbing himself following a misunderstanding over sex.

Chamunorwa said Mukucha threatened to kill himself if she continued refusing to be intimate with him before taking a knife and stabbing himself.

Justice Takuva acquitted her at the end of the State case saying there was no evidence linking her to the commission of the crime.

In acquitting Chamunorwa, Justice Takuva, said police evidence from the investigating officer; Sergeant Stanley Mwale did not help the court save to expose forensic inadequacies which resulted in the poor investigations in the case.

He said the detectives who attended the scene never photographed or video recorded the crime scene because they did not have even simple digital cameras.

In addition no fingerprints were taken from the knife used in the alleged crime nor did the investigating team bother to take clothes for analysis.

“The police carried out shoddy investigations resulting in a miscarriage of justice. The pathologist could not carry out complete postmortem examination due to lack of equipment and materials. Histology and toxicology tests could also not be done due to lack of resources at the Forensic Science Laboratory run by ZRP in Harare,” he said.

The High Court judge appealed to treasury to capacitate the police in establishing an effective forensic laboratory adding that the lab was in an appalling state with nothing scientific being applied in investigating cases.

“For years the department has failed to carry out basic tests and this is extremely alarming in view of murder cases. The pathologist in this case could not conclusively say whether it was a homicide or suicide because of the forensic inadequacies on the part of the police and I hope that the treasury resources the police. The accused is therefore acquitted of murder and is therefore discharged,” said Justice Takuva much to the relief of Chamunorwa.

Prosecutor, Mr Samuel Pedzisai, conceded that the evidence brought before the court did not discount suicide.

Mr Pedzisai told the court that on November 17, 2012, at around 6AM Chamunorwa had a dispute with Mukucha at her home in Ascot Infill, Gweru.

The court heard that she allegedly stabbed him with a kitchen knife in the abdomen killing him on the spot before proceeding to make a police report that he had killed himself.

@pchitumba1.

Whinsley Masara, Chronicle Reporter
A MAN from Lupane allegedly killed his brother in-law by striking him with a log for continuously pestering him for lobola.

Fayo Ncube (52) of Lutho Village under Chief Mabhikwa, died after he was repeatedly hit on the head by Thomas Moyo (63) of the same area.

He was rushed to St Luke’s Hospital and was transferred to Mpilo Central Hospital where he died upon admission.

The incident occurred on Thursday last week at around 9PM.

National police spokesperson Senior Assistant Commissioner Charity Charamba confirmed the incident.

“A man was assaulted by an accused person on their way from a local bar after a misunderstanding. The accused person fled from the scene after he committed the offence. The deceased was ferried to Mpilo Central Hospital where he died on admission,” she said.

Villagers said Ncube had a tendency of beating up Moyo over non-payment of lobola for his sister.

“Fayo had a habit of demanding lobola from Moyo whenever he got drunk. He would beat him up even at the bar.

“On this fateful day, as the two walked home from the bar, Fayo started to demand the lobola. When the two neared Ncube’s home, Fayo called out for his son to bring him his sjambok,” said a villager.

A neighbour who only identified himself as Ncube said the two were seen earlier that night drinking beer at Lutho Business Centre.

“As the two walked home, a misunderstanding over their usual topic of bride price arose. Fayo started to beat up Moyo and as they neared his home, he called out for his son to bring a sjambok.

“The son did as per his father’s instruction and hurriedly came outside with the weapon. Fayo grabbed the weapon from the young boy and started to assault Moyo,” he said.

Ncube said Fayo continued to chase after Moyo as he ran to his home.

“He continued to beat him up until Moyo decided to retaliate. He picked up a log and struck Fayo several times on the head. He immediately fled from the scene and we haven’t seen him to date.

“He (Fayo) fell unconscious on the ground and his son who had later decided to follow them, found his father lying in a pool of blood.

“The young boy called out for help and we called an ambulance from St Luke’s Hospital. Once there, they immediately transferred him to Mpilo Central Hospital where he died,” he said.

@winnie_masara

Thupeyo Muleya, Beitbridge Bureau
THE trial of three Zimbabwean men commonly known as Omalayitsha and a South African woman facing 62 counts of murder, rape, robbery, extortion and assault among other violent crimes committed against Zimbabweans in the neighbouring country opened at the South Gauteng High Court yesterday.

The four cross-border transporters are accused of kidnapping more than 100 Zimbabweans and killing several others including two Harare women.

Charles Cecil Brewer (36), alias Boss of Nketa 7 suburb in Bulawayo, his South African wife, Madida Petition Sicelo (30) alias Sister, Jaheni ‘Satan’ Luphahla (28) of Old Lobengula suburb in Bulawayo and Phathumuzi ‘KK’ Sibanda (27) of Emakhandeni suburb in Bulawayo allegedly committed the crimes between May 30 and July 11 last year.

They have been languishing in remand prison since their arrest in July last year. They were denied bail at Tembisa magistrate court in Johannesburg before the matter was transferred to the higher court.

The matter has been dragging as the accused persons have been struggling to secure a lawyer after dumping the State’s free legal practitioners.
One witness testified and the trial is expected to continue today.

The four are accused of killing Olga Gwena (25) of Chitungwiza and Esther Mwenda of Harare among others.

It is understood that the syndicate operated from Total and Engen filling stations and from a house in Musina.

They allegedly pounced on Zimbabwean hitch-hikers travelling to Gauteng province.

Brewer, who is allegedly the mastermind of the orgy of crimes, has allegedly approached the prosecution team for a plea bargain.

The arrangement will see him turning into a key State witness to nab other members of his syndicate who have become elusive following his arrest last year.

The State alleges that Brewer and his associates used South African registered private vehicles and touts to lure the unsuspecting Zimbabweans.

Upon getting to Johannesburg they allegedly turned violent and stole various valuables including money from the complainants.

It is reported that in most of the incidents they demanded money from the victims’ relatives to secure their release.

The money, which ranged from R 3000 was paid through various money transfer agencies.

Mr Partson Mbiriri

Zvamaida Murwira, Harare Bureau
THE Government has moved in to contain a potentially volatile fuel shortage following reports that oil companies were failing to access foreign currency to pay for the importation of fuel.

The Secretary for Energy and Power Development, Mr Partson Mbiriri, said Government has intensified mobilisation of resources to enable the central bank to pay for the fuel importation to avert shortages.

Reports indicated that while people were using plastic money to purchase fuel, there was no corresponding hard currency for the importation of fuel, a situation that has seen an emerging erratic supply in some service stations in recent weeks.

Mr Mbiriri has, however, said there was no need to panic since Government was on top of the situation to address the financial bottlenecks.

“What has been happening is that when oil companies approach their banks requesting them to make payments for the importation of fuel, there have been some financial bottlenecks in seeking clearance from the central bank. They have been told that there is no foreign currency. There have been challenges related to foreign currency making it difficult to make payments for fuel imports through their nostro accounts,” said Mr Mbiriri.

“Oil companies would approach their banks and request that payment of so much be made to company A, on the basis of their nostro accounts. The bank would approve, but when it seeks approval from the RBZ, the challenge has been that they would be told that there is no foreign currency. It has been the tradition that the Reserve Bank of Zimbabwe prioritises energy and fuel in allocation of hard currency. Of late, oil companies have been failing to access their money for fuel importation, owing to foreign currency shortages which we are experiencing as a country.”

Nostro account refers to an account that a bank holds in foreign currency in another bank. The term is derived from the Latin word for “ours,” and is frequently used to facilitate foreign exchange and international trade transactions.

Mr Mbiriri said there was no need to panic since the Government through the central bank has moved in to mobilise foreign currency.

“I was coming from Rusape this weekend and I have actually seen several trucks of fuel tankers carrying the fuel. So, we are on top of the situation. There is no need to panic or to be alarmist because the situation is under control,” said Mr Mbiriri.

He said there was no need for people to horde fuel because adequate mechanisms for uninterrupted supply had been put in place.

There have been reports of pending fuel shortages as some service stations were turning away motorists after running out of fuel. “I have moved from one service station to another in Glen View in Harare after being told that there was no fuel. I wondered what was happening because rarely have I experienced that,” said Mr Tawanda Mandeya of Glen View.

Another motorist echoed similar sentiments.

“I was surprised to be told by some reputable service stations that they did not have fuel,” said Ms Plaxedes Muchirahondo.

Rtd Colonel Tshinga Dube

Nqobile Tshili, Chronicle Correspondent
THE Minister of Welfare Services for War Veterans, War Collaborators and Ex-Political Detainees, Retired Colonel Tshinga Dube, has queried the number of registered former freedom fighters saying it has remained static even though a number of them have died over the years.

Rtd Col Dube told Bulawayo journalists last Friday that the ex-freedom fighters’ figures could be much lower.

“We’ve 34 000 registered war veterans but with the way they’re dying due to illness and old age, it’s difficult to ascertain their numbers. We also have 5 000 detainees and restrictees,” said Rtd Col Dube.

He said his Ministry was struggling to register war collaborators as the verification process was proving to be difficult.

Rtd Col Dube said he was not in a position to reveal the amount of money the Government was spending on war veterans’ allowances each month as it varies per individual.

He said war veterans allowances depended on the extent of injuries suffered during the country’s war of independence.

“I can’t tell you how much each one gets from the war veterans pension. It depends on the percentage of incapacitation. Some were five percent, others 20 percent and others lost both their legs and they’re given about 80 percent,” he said.

Rtd Col Dube said the Government remains committed to paying school fees for war veterans’ children.

He said about a month ago, Treasury released about $6 million to pay school fees for ex-combatants’ children.

“When you talk about $6 million, you’ll think I have a lot of money. But no I don’t even touch a single cent of it. The money is released by Treasury to the relevant  authorities who then dispatch to schools. It doesn’t come through our Ministry,” said Rtd Col Dube.

He challenged journalists to desist from using inflammatory language when reporting saying it was destructive for the nation.

Rtd Col Dube said there was a lot of sensationalism when reporting about Gukurahundi, a development he said was retrogressive.

@nqotshili

Auxilia Katongomara, Chronicle Reporter
THE Bulawayo City Council has begun compensating property owners within the Egodini area to pave way for the construction of a multi-million dollar mall.

The $60 million upgrading of Basch Street Bus Terminus, popularly known as Egodini, was set to finally commence in June after many false starts over the years, but the implementation of the project was again delayed.

The new commencement date is not yet known.

The local authority is negotiating with business and property owners for property acquisition and termination of leases pending the construction by the South African firm Terracotta Trading which won the tender for the project last year.

According to the latest council report, the local authority has set aside some compensation fees.

It is also willing to swop properties with some of the affected parties or offset debts as part of the settlement.

“Negotiations are at an advanced stage and notices have been served,” read the minutes.

According to the minutes, Red Cross is to be compensated $50 000 for its two properties.

“The Zimbabwe Red Cross Society has been informed and agreed that they will move to Vundu offices temporarily whilst they source funds to develop their stand 18283 B.T. but they already have a stand with outstanding rates and a balance of the purchase price,” read the minutes.

“It was agreed that these outstanding rates bills on their stand be cancelled and the balance of the purchase price debt written off as part of the move deal. Total to be written off is $14 000 as at March 2016.”

The report states that Youth Contact Centre had written to council to write off an outstanding rates bill of $10 000 and this was being considered as an offset for the compensation.

Another affected entity is the United Pentecostal Church which has also agreed to move.

“The church owned a developed stand 2587 within the Egodini redevelopment area and has agreed to swop properties with cash adjustments.

Property identified for swop was Jacaranda house.

The United Pentecostal Church has other properties in the city and they are willing to offset for rates. They had also expressed interest in getting community facilities stands in the high density suburbs as part of the compensation,” read the report.

Council has also put in place a relocation plan for commuter omnibuses.

The report said Terraccota had not yet submitted their programme of works and had also been given authority to erect a Billboard on site.

The committee on Engineering Services and Town Planning said it would continue to follow up the issue with the developer and also conclude the compensation issues.

The Egodini Mall project is the largest development project in Bulawayo since independence and is set to create over 1 000 jobs if it goes ahead.

@AuxiliaK

Munyaradzi Paul Mangwana

Harare Bureau
LAWYERS say only President Mugabe is immune from arrest while everyone else including his deputies and ministers are liable to arrest if they commit a crime.

The legal practitioners said this while responding to Acting President Phelekezela Mphoko who on Sunday claimed that the intended arrest of Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo was tantamount to undermining the authority of the President.

He said law enforcement agents could not arrest ministers without authorisation from the President adding that Prof Moyo could not be arrested at Parliament since legislators had immunity.

It is understood that officers from the Zimbabwe Anti-Corruption Commission accompanied by the police wanted to arrest Prof Moyo after a Politburo meeting last week after he evaded questioning by authorities on fraud and criminal abuse of office charges involving money and fuel coupons that belonged to the Zimbabwe Manpower Development Fund (Zimdef).

Zanu-PF deputy secretary for Legal Affairs who was the co-chairperson of the Constitution-making Committee, Cde Munyaradzi Paul Mangwana, said there was no provision in the Constitution that demanded that law enforcement agents must first seek permission when arresting ministers.

“The minister has no immunity because he is a citizen just like everybody else,” said Cde Mangwana.

“There is no legal provision that ministers are immune to prosecution while they are in office. Reporting to the President about a minister’s impending arrest is just a political courtesy. The only person who enjoys immunity is the President. No one else enjoys that, even ministers while they are in office.

“People should not try to hide behind a finger by claiming that the (Zimbabwe) Anti-Corruption Commission has no mandate to investigate alleged corruption on ministers. In fact, they are allowed by the Constitution to investigate and report to the police who then use their discretion to determine whether indeed there is a prima facie case or not. If a minister commits a crime, ZACC has a constitutional right to investigate them.”

Another lawyer and University of Kent law lecturer, Dr Alex Magaisa, said the ZACC was an independent body that was not subject to the direction of anyone

“The Constitution does not give the President any powers over the functions of the Zimbabwe Anti-Corruption Commission apart from his role in the appointment process,” said Dr Magaisa.

“The ZACC is an independent commission and does not operate under the direction of any other person, not even the President.

“The Constitution provides that all persons are equal under the law. There is no provision that says ministers are subject to different rules from other citizens. If anything, as public officers in charge of public funds, ministers are expected to demonstrate higher levels of probity and accountability. The fact that ministers have been allowed to behave like little gods over the years does not mean the law protects them from arrest.”

However, another lawyer, Mr Tendai Toto, said law enforcement agents could consult the President when intending to arrest a minister to safeguard and promote national stability and governance.

“To me, it will be hazardous and disruptive to governmental functions to allow the free reign by police to arrest ministers upon receiving pieces of evidence suggesting reasonable suspicion of the commission of an offence. Police powers can be abused to settle political scores among other sinister objectives.

“The said policy must also not be abused and selectively applied. It must be applied in a transparent and accountable manner in tandem with the national objectives provided in the Chapter Two of the Constitution of Zimbabwe.

“The consultations will inform the police to arrest in accordance with any existing policy directives prescribed in terms of Section 221(4) of the Constitution. This is not to say that ministers are immune to criminal sanctions in accordance with the law.

“My view is that the Acting President made a pronouncement of governmental policy that binds the executive functionaries including the law enforcement agents. It is neither ultra vires the provisions of Section 56 of the Constitution nor an infringement of the rule of law for government to put in place policy that law enforcement agents must consult with the Presidency an interested party as the appointing authority of cabinet ministers and the Attorney General as the principal legal adviser of Government, before an arrest of a cabinet minister is effected,” said Mr Toto.

Professor Jonathan Moyo

Harare Bureau
STUDENTS’ representatives yesterday roundly scoffed at claims by Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo that he was akin to Robin Hood saying unlike the British folklore outlaw legend, the funds he abused were meant for poor students.

Robin Hood is a legend in British folklore who would steal from the rich to improve the welfare of the poor.

The student representatives said the minister, together with his deputy Dr Godfrey Gandawa, siphoned Zimbabwe Development Fund (Zimdef) funds meant for students to “strengthen their social ties” in their respective constituencies (Tsholotsho North and Magunje) at the expense of beneficiaries.

College lecturers weighed in, saying politicians should not be allowed to funnel public funds to fund activities in their constituencies.

Zimbabwe Congress of Students’ Unions (ZICOSU) president Tonderai Chidawa said Prof Moyo was nowhere near Robin Hood. “The minister is trying to hide behind a finger, unnecessarily dragging in people who were not there when he, to use his own words, was caught with hands in the till,” he said.

“We are saying, if there is anyone who is the poorest member of society, it is the student because most of us cannot raise money needed by colleges and universities. Unlike Robin Hood, Prof Moyo is doing the opposite, stealing from the poor who are students and covering areas where he has vested interests.”

Prof Moyo, who is accused of siphoning more than $270 000 from Zimdef, on Sunday tweeted: “You can say what you want, but I would rather be a Robin Hood than a cruel tribalist, murderer & UN identified cross border diamond thief!”

Defending the use of Zimdef funds to buy bicycles for his cronies, Prof Moyo said: “The state of underdevelopment in Tsholotsho is such that bicycles are a necessity just like matches!”

Zimdef was created to benefit students at tertiary institutions, including when they are on industrial attachment.

Chidawa said it was surprising that some senior Government officials were defending Prof Moyo “as if they were the courts.”

“The law should not be selective,” he said.

“The Prosecutor General was arrested, detained and went to court. We are surprised some respected figures are springing out in defence of such an act. He is admitting he took the funds and diverted them towards bicycles in his constituency among other things and as the voice of the students, we are against that. Let the law be applied and if he is not guilty, it shall be seen.”

Zimbabwe National Students Union (ZINASU) spokesperson Zivai Mhetu said:

“By likening himself to Robin Hood, Prof Moyo is giving the impression that Government, where the funds are coming from, is rich. He is trying to portray Government as a fat cat where he is taking public funds to please people in his constituency yet it is common knowledge that Government has been struggling to raise salaries for civil servants. Prof Moyo needs orientation on that one because, as we speak, there are students whose fees are paid by Zimdef but they can’t access their results for last semester because nothing has been paid out. Then, across town, someone is diverting their funds donating freebies in his constituency. We can’t continue having this.”

According to information at hand, $95 800 was transferred from Zimdef to Wisebone Trading through CABS.

Dr Gandawa received $20 000 through his personal Barclays account after which, he transferred $19 030 to HIB Rajput PL T/A Ace Cycles for 173 bicycles for Prof Moyo.

Dr Gandawa then transferred $27 550 to SKM Motorcycles for 10 tri-cycles for Prof Moyo and the balance was withdrawn in cash.

US$107 525 was transferred from Zimdef to Fuzzy Technologies’ NMB Bank account, of which $5 745 was transferred to Pridham Investments for Dr Gandawa’s personal furniture.

Dr Gandawa also paid for 69 bicycles worth $7 260 for Prof Moyo. He also transferred $12 900 to Wisebone Trading as capital to finance his personal business and the remainder was withdrawn in cash.

The documents further indicate that the Zimbabwe Anti-Corruption Commission is investigating a separate case in which Prof Moyo and Dr Gandawa are suspected of getting Zimdef to release 100 000 litres of diesel worth $118 500, fuel which was then diverted to the black market.

It is alleged the fuel was requested by the Zimbabwe Youth Council on July 26 for a “skills gap assessment programme”.

Dr Gandawa recommended the allocation and Prof Moyo gave his approval on August 4, 2016.

College Lecturers’ Association of Zimbabwe secretary general Mr Nixon Madovi said if Prof Moyo wanted to please his constituents, he had to look for other avenues other than Zimdef funds.

“If what we are reading from the papers is true, then it’s tragic,” he said.

“We do not condone such kind of behaviour. We are not happy at all because while we are not opposed to the STEM initiative, the ministry has chosen to support chiefs in his constituency while students, the real beneficiaries, on attachment are not getting anything. It is unfair. While we are not politicians, even a fool can see that the money was used wrongly here.”

Prof Moyo, Dr Gandawa, Zimdef chief executive Mr Frederick Mandizvidza and Zimdef principal director (finance) Mr Nicholas Mapute could have unlawfully benefited from $430 000 of the State enterprise’s money between November 2015 and June 2016, documents show.

ZACC is investigating other alleged abuses of Zimdef funds by Prof Moyo, his deputy, and three subordinates.

The five are being investigated for five charges of fraud as defined in Section 136 of Criminal Law (Codification and Reform) Act (Chapter 9:23), and three charges under the Money Laundering and Proceeds of Crime Act (Chapter 9:24).

Whinsley Masara, Chronicle Reporter
POLICE are investigating four cases of murder which occurred countrywide in the past two weeks.

National police spokesperson Senior Assistant Commissioner Charity Charamba said the murder cases occurred in Lupane, Banket, Murewa and Bindura between September 26 and October 4.

Snr Asst Comm Charamba said a 52-year-old man from Lutho village, Chief Mabhikwa, Lupane, died at Mpilo Central Hospital in Bulawayo following an assault.

“A man was assaulted by an accused person on their way from a local bar after a misunderstanding. The accused person fled from the scene after he committed the offence. The deceased was ferried to Mpilo Central Hospital where he died on admission,” she said.

“In the second case, a 32-year-old man from Dondo Farm in Banket was assaulted by three accused persons after a misunderstanding in a bar. The suspects, who are illegal gold panners, fled from the scene soon after they committed the offence.

“The now deceased was referred to Banket Hospital and later transferred to Parirenyatwa Hospital where he died on admission,” she said.
Snr Asst Comm Charamba said a 69-year-old man died in the third incident.

“A 69-year-old man from Chikwati Village under chief Mangwende, Murewa, was found dead under a tree with a deep cut on the forehead.

“The now deceased left his home and went to Jambawo Shopping centre where he met his girlfriend. The two left the shopping centre together at around 11 AM and parted ways at Shamu Primary School, proceeding to their respective homes. The deceased was later found dead by fellow villagers who advised his son,” she said.

Last Tuesday, a woman (22) was found dead in the fields in Chipadze, Bindura at around 1 PM.

Snr Asst Comm Charamba said: “The suspect assaulted the deceased in his (suspect’s) house at Chipindura Park, Bindura, and dumped the body in the fields covered with two empty 50 kg sacks.”

The police spokesperson urged members of the public to resolve disputes amicably without resorting to violence.

“Meanwhile, police are investigating the cases and are appealing for information concerning the whereabouts of the accused persons who committed the murder cases.

People can contact the nearest police station or phone National Complaints Desk on (04) 703631,” said Snr Asst Comm Charamba.

@winnie_masara.

The late Cyril Enock Ndebele

Auxilia Katongomara, Chronicle Reporter
THE former Speaker of Parliament, Cde Cyril Enock Ndebele, who died last Friday, is expected to be buried today at his Denver Farm in Umguza.

The 83-year-old veteran politician died in Harare after being airlifted by the Ministry of Defence from Bulawayo’s Mater Dei Hospital where he had been admitted for an undisclosed ailment.

A former Speaker between 1995 and 2000, Cde Ndebele is understood to have been hospitalised at the Roman Catholic Church-run hospital last Tuesday, but had to be airlifted when his condition deteriorated.

The Minister of Small and Medium Enterprises and Cooperative Development, Cde Sithembiso Nyoni, a relative to the former Speaker, said Cde Ndebele would be buried at his farm today.

“We will begin with a funeral service at Selbourne Park Seventh Day Adventist church at 8AM before proceeding to his farm where he will be laid to rest,” said Cde Nyoni.

Cde Ndebele was accorded a state-assisted funeral and the Government has given his family $10 000.

At the time of his death, Cde Ndebele was the chairperson of the National Peace and Reconciliation Commission following his appointment in February this year.

Cde Ndebele joined the African National Congress in South Africa in 1960 while a student at the University of Natal.

He earned a law degree from Queens University, Belfast, in 1970.

He became Zapu chairperson in 1970 after returning to the country. He was a member of the legal team of the Patriotic Front in the Geneva, Malta and Lancaster House conferences, leading to the country’s independence in 1980.

After independence, he was a councillor in Bulawayo and after the Unity Accord was signed in 1987, he became an MP in 1990.

As a law maker, he was the chairperson of the Privileges Committee and the Parliamentary Legal Committee.

After he became the Speaker of Parliament in 1995, he created the Parliamentary Reform Committee, paving way for far reaching changes to the Legislative Assembly.

He is survived by his wife, children and several grandchildren.

@AuxiliaK.

Tanaka Mrewa, Court Reporter
A TEENAGER from Tshabalala suburb in Bulawayo has been arrested for allegedly sodomising his 12-year-old brother and altering his date of birth on his national identity card from 1999 to 1993.

The 17-year-old, who cannot be named for ethical reasons, allegedly threatened his younger brother with unspecified action if he told anyone about the incident.

The teenager is also accused of altering information on his birth certificate and National Identity document.

The teen is facing three charges – indecent assault, falsifying information on a birth certificate and national identity card.

Bulawayo Regional magistrate Mr Chrispen Mberewere remanded him in custody to October 26 for trial.

Prosecuting, Mr Simbarashe Manyiwa told the court that the teen’s mother was away from home when the incident occurred.

“The accused threatened the complainant saying he should never reveal the ordeal to anyone. Complainant later learnt that accused had been arrested for another offence and that’s when he told his cousin his encounter,” said Mr Manyiwa.

“Accused person was born in 1999 but he altered the date on his birth certificate to 1998 and used the altered birth certificate to attain a national identity card which he further altered to 1993 as his year of birth.”

@tannytkay.

Zanu-PF youth leader Cde Kudzai Chipanga

Harare Bureau
Zanu-PF youth leader Cde Kudzai Chipanga, yesterday drew brickbats from students’ unions for defending the siphoning of $270 000 from the Zimbabwe Manpower Development Fund (Zimdef) by Higher and Tertiary, Science and Technology Development Minister Professor Jonathan Moyo and his deputy Dr Godfrey Gandawa.

Zimdef, whose funding comes from industry, was created to benefit students at tertiary institutions, including when they are on attachment.

However, Prof Moyo and his deputy Dr Gandawa, used the money to strengthen social ties in their constituencies and buying their cronies bicycles.

Dr Gandawa, according to documents, at one point bought personal furniture using the Zimdef funds.  Prof Moyo has admitted the abuse, but tried to justify it.

Cde Chipanga, who is also accused of benefiting from 100 000 litres of fuel from Zimdef, was yesterday quoted in the private media slamming the Zimbabwe Anti-Corruption Commission (ZACC), The Herald and the Ministry of Information, Media and Broadcasting Services for exposing the rot.

Cde Chipanga, without explaining how he used his loot, claimed those exposing the shenanigans were pursuing a factional agenda and wanted to derail Zanu-PF programmes. Zimbabwe Congress of Students Union president Tonderai Chidawa, said Cde Chipanga was the least qualified person to comment on the issue as he also owed Zimbabweans an explanation. He said no one should be allowed to abuse public funds and hide behind party programmes.

“The sponsoring done to the party by State enterprises is done willingly not in an extortionist, corrupt manner or to further the interests of a particular being especially a high ranking official like a minister,” Chidawa said.

“Chipanga, who does not have more than three Ordinary Level subjects, is the least qualified person to talk about this saga because he himself is implicated. His comments show that he is suffering from intellectual paralysis. If there are people to comment about these funds, it’s the students and industry, where the money comes from.”

Prof Moyo on Sunday identified Cde Chipanga as a beneficiary of the 100 000 litres of fuel from Zimdef.

The fuel was requested by the Zimbabwe Youth Council (ZYC) on July 26, 2016 for a “skills gap assessment programme.’’

Tweeted Prof Moyo: “I approved request for 100K litres of fuel from CEO of NYC Livingstone Dzikira. He & Kudzai Chipanga took ALL of it!”

Chidawa said: “Where is Chipanga coming from? He should rather be telling us where he went with the fuel he got. He can’t be a beneficiary of fuel coupons. He is neither a Zimdef, Ministry official, neither is he a student. He should focus on ensuring that the youths get the stands they were promised rather than commenting on what he doesn’t know. The issue of abuse of Zimdef funds, which we are calling an academic Afghanistan, is a no go area for Chipanga.”

Zimbabwe National Students Union spokesperson Zivai Mhetu, said corruption had no place in a country reviving its economy.

“The economy has deteriorated and we have reasons that we think have caused this and one them is corruption by public officials,” he said.

“For someone to come in defence of looters and condemning those exposing irregularities, it will only leave a mark that the person is also corrupt. In any case, his actions will see us mobilising and demanding our grants, which were scrapped on the pretext that Government had no money. We had accepted the situation but behaviour of some people defending corrupt elements makes us think that we are being taken for a ride.”

Prof Moyo, Dr Gandawa, Zimdef chief executive Mr Frederick Mandizvidza and Zimdef principal director (finance) Mr Nicholas Mapute could have unlawfully benefited from $430 000 of the State enterprise’s money between November 2015 and June 2016, documents show.

Cde Chipanga yesterday declined to comment on issues of his academic achievements, saying it was none of the two student unions’ business.

“The person (Mr Chidawa) that you are quoting is not in Zicosu leadership since he has since finished his studies. Zicosu is an affiliate of our organisation and we have the current leadership. As far as we understand, Chidawa was expelled for denigrating the President.

“As for Zinasu, it’s not our business to make an MDC-T organisation happy. We do not work to please the opposition affiliate organisation. We do work to please our membership. If Zinasu members are not happy, then we are happy,” he said.

The ZYC yesterday confirmed the siphoning of 100 000 litres of fuel from Zimdef.

In an emailed statement yesterday, Mr Dzikira — who is also accused of personally benefiting from the fuel, claimed the diesel was sent to the Zanu-PF Youth League.

He said the fuel was meant for a youth skills mapping exercise.

“The Youth Council therefore wishes to place it on record that the said fuel is with Zanu-PF Youth League, having received that support through their membership of the Zimbabwe Youth Council,” he said.

“The secretariat of the Youth League signed for this fuel and therefore is fully accountable for the usage of that fuel. In due course we expect that the Zanu-PF Youth League will furnish the Youth Council with its annual report, which will include this support together with a report on the specific outputs of the programme of Youth Skills Assessment that they are conducting in the districts of the country, for which they requested this support.”

The late Mr Langton Ruwo

Whinsley Masara, Chronicle Reporter
A BULAWAYO businessman died in a car crash when his vehicle veered off the road and overturned at the 40km peg at Ticehurst, along the Bulawayo-Victoria Falls Road.

Langton Ruwo (36) of Killarney was alone when his Toyota Fortuner overturned and killed him on the spot on Sunday at around 11 PM.

Matabeleland North police spokesperson Sergeant Namatirai Mashona could not be reached for comment.

Ruwo’s close friend, Mr Josphat Bungani said Ruwo was driving from Victoria Falls to Bulawayo.

“He was travelling alone but unfortunately, there is no-one to tell us what exactly happened. We suspect that, considering the time into the night, that he might have dozed off and lost control of the vehicle.

“The wreck shows that the vehicle rolled several times before landing on its roof. He was thrown out of the vehicle and sustained deep cuts on the head. We are not sure of other injuries in his body but he died on the spot.”

Family spokesperson, Mr Cleopas Nyemudeza said this had come as a shock and they were short of words.

“I really can’t say much. I’m actually speechless on this tragic loss which no one saw coming.

“My uncle was more of a brother and friend to me, and I must say, this is a big loss to the entire family and community of Bulawayo. Uncle Langton was an open and free buddy whom you could confide in at any moment,” he said.

Mr Bungani said today (Wednesday) the family would travel to Ruwo’s rural home in Chimanimani, where he will be buried tomorrow.

Ruwo is survived by wife Fadzai Mwenge and three children.

@winnie_masara

Dr Godfrey Gandawa

Harare Bureau
THE Employers Confederation of Zimbabwe (Emcoz), which contributes 100 percent to the Zimbabwe Manpower Development Fund (Zimdef) for human capital development, yesterday said their contributions must only benefit students and colleges and not Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo and his deputy Dr Godfrey Gandawa.

The pair stands accused of abusing close to $500 000 Zimdef funds.

Prof Moyo has since admitted the abuse.

Emcoz said it was following the matter with keen interest.

“Employers pay one percent of their payroll every month to fund human capital development for the economy,” Emcoz said in a statement.

“It is accepted that the minister, as trustee, has wide discretion in how the fund will be used. It makes sad reading, though, when newspapers publish stories of alleged corruption and misuse of funds at the fund against the background of companies folding as a result of garnishees resulting from lack of capacity to meet the regulatory requirement of paying Zimdef dues.”

Emcoz said it was “outraged and dismayed” by some reckless responses Prof Moyo was giving to the media.

“Employers are distraught and have required that Emcoz should follow the developments with intense interest and depending on the outcome of investigations taking place, consult on options available as the way forward,” reads the statement.

“Corruption is a serious cancer working against the achievement of the goals of Zim-Asset. The issues raised by the (Zimbabwe) Anti-Corruption Commission are of great concern to our membership and, by extension, to the entire investing community.”

Emcoz said the attack on ZACC by some senior Government officials was unwarranted.

“We are concerned that a legal institution like the Anti-Corruption Commission is vulnerable to attack by the very institutions which are sworn to protect it,” the employers said.

“This could be interpreted locally and internationally as interference with the course of justice which significantly affects the attitude of investors.

We call on the re-establishment of communication between the fund, the trustee and the funders through the National Manpower Advisory Council, as has always been the case in the past.

“Zimdef as a public institution must apply the funds for the purpose for which it was established and it should not be allowed to operate outside its mandate.”

According to information at hand, $95 800 was transferred from Zimdef to Wishbone Trading through CABS.

Dr Gandawa received $20 000 through his personal Barclays account after which he transferred $19 030 to HIB Rajput PL T/A Ace Cycles for 173 bicycles for Prof Moyo.

Dr Gandawa then transferred $27 550 to SKM Motorcycles for 10 tri-cycles for Prof Moyo and the balance was withdrawn in cash.

It also is now public knowledge that $107 525 was transferred from Zimdef to Fuzzy Technologies’ NMB Bank account, of which $5 745 was transferred to Pridham Investments for Dr Gandawa’s personal furniture.

Dr Gandawa also paid for 69 bicycles worth $7 260 for Prof Moyo.

He also transferred $12 900 to Wisebone Trading as capital to finance his personal business and the remainder was withdrawn in cash.

The documents further indicate that the ZACC is investigating a separate case in which Prof Moyo and Dr Gandawa are suspected of getting Zimdef to release 100 000 litres of diesel worth $118 500, fuel which was then diverted to the black market.

It is alleged the fuel was requested by the Zimbabwe Youth Council on July 26 for a “skills gap assessment programme”

Dr Gandawa recommended the allocation and Prof Moyo gave his approval on August 4, 2016.

Prof Moyo, Dr Gandawa, Zimdef chief executive Mr Frederick Mandizvidza and Zimdef principal director (finance) Mr Nicholas Mapute could have unlawfully benefited from $430 000 of the State enterprise’s money between November 2015 and June 2016, documents show.

Stunner

Fungai Lupande, Harare Bureau
Hip hop artiste Stunner, real name Desmond Chideme, was yesterday sentenced to perform 210 hours of community service for negligent driving.

Chideme (36) is expected to perform the community service at Greendale District offices.

Harare magistrate Ms Nomsa Sabarauta, ordered Chideme to pay a fine of $150 with an option of three months in prison for driving without a driver’s licence.

In passing sentence Ms Sabarauta, said she considered that Chideme is a first offender who pleaded guilty showing contrition.

“He is a family man and bread winner, therefore incarcerating him would be a harsh sentence,” she said.

“However, people who drive without a valid driver’s licence should be accountable. Driving without (a) valid driver’s licence is leading to many road carnages. In this offence, the accused was travelling at high speed, an indication of negligence. At all times, celebrities should strive to abide by the law.”

Chideme rammed into four parked cars while driving a Toyota Lexus registration number ADG 3577.

The prosecutor Mrs Devoted Gwashavanhu-Nyagano said on June 20 this year, Chideme was driving along Jason Moyo Avenue in Harare.

He lost control of the vehicle and it veered off the road to the right side and hit four vehicles in a parking bay.

The cars, a VW Golf, two Toyota Rav 4 and a Toyota Tercel were seriously damaged.

ZDF Commander General Constantino Chiwenga (left), Police Commissioner General Augustine Chihuri (2nd right) and Mr Clemence Masango (right) clap hands after Ministry of Defence Permanent Secretary Mr Martin Rushwaya’s (2nd left) speech

Leonard Ncube, Victoria Falls Reporter
THE 9th session of the Zimbabwe-Mozambique Joint Permanent Commission on Defence and Security (JPCDS) has opened amid serious security challenges posed by illegal migrants, wildlife poachers as well as smugglers of precious minerals from the two countries.

JPCDS co-chair Mr Martin Rushwaya, the Permanent Secretary in the Ministry of Defence, said this yesterday while officiating this year’s JPCDS session which started here on Monday and ends on Friday.

“Despite stable security, the influx of irregular migrants particularly those from the Great Lakes Region and the horn of Africa remain a major security challenge for our two countries and the entire Sadc region.

“In addition, the smuggling of precious minerals as well as poaching of elephants and rhinos are the major security challenges we face,” said Mr Rushwaya.

He said the JPCDS provides a platform to reflect and deal with these challenges.

“The JPCDS provides a platform for information sharing and the formulation of joint strategies that help us to address the common security challenges that face our two countries. It’s also an opportunity to reflect on the peace and security issues that affect our two republics, the region and Africa as a whole as well as for us to review progress made or lack of it,” Mr Rushwaya said.

The two countries last met for a similar platform last year in Mozambique.

Mr Rushwaya said continuous engagements between security sectors from the two countries at JPCDS level was testimony that the neighbouring countries enjoy cordial relations.

He said Zimbabwe and Mozambique will stand by each other in times of need as has always been the case as history has shown that instability in either of the two affects the other.

Mozambique Permanent Secretary in the Ministry of Defence Mr Fernando Farnela Campine said security forces from both countries would continue cooperating on issues of mutual interest.

Zimbabwe Defence Forces Commander General Costantino Chiwenga, who chairs the defence committee, Police Commissioner General Augustine Chihuri, deputy director in the President’s Department and chairperson of the security committee Mr Aaron Nhepera, Department of Immigration principal director Mr Clemence Masango and their Mozambican counterparts are in attendance while Zimbabwe Prisons and Correctional Services Commissioner General Paradzai Zimondi was represented by an official from his department.

The conference continues under closed door sessions ahead of the arrival of respective ministers today and the official opening session tomorrow.

@ncubeleon

Patience Mutsiwi, Midlands Reporter
POLICE in the Midlands province have launched a manhunt for Melody Ncube Mukwena who allegedly killed a man who had confronted him for allegedly having a love affair with his estranged wife last Saturday night.

Mukwena allegedly killed Ndabezinhle Nkiwane shortly after the latter confronted him in a bar in Amaveni suburb, Kwekwe, for allegedly having sexual relations with his wife while they were on separation.

When Mukwena charged at Nkiwane in the bar, the latter fled from the scene and the suspect gave chase.

Less than an hour later, Nkiwane was found dead with a stab wound in the chest near a local supermarket. Mukwena is a suspect in the murder case.

Midlands Police Spokesperson Inspector Joel Goko confirmed the incident.

He appealed to the public to assist with information that may help them to apprehend Mukwena in connection with the murder.

“I can confirm that we are investigating a murder case that occurred on Saturday in Amaveni. At around 8PM, the deceased and the accused were inside Calvary bar in Amaveni. The two were seen quarrelling by the door man over an unknown issue. Mukwena was holding a knife and was threatening to stab the deceased,” said lnsp Goko.

“The two went outside the bar quarrelling and the accused was still holding a knife. Nkiwane was later found dead around 9PM behind Amaveni Superette in a pool of blood with a stab wound on the upper left side of his chest by an unidentified woman.”

Sources close to the case said Nkiwane and Mukwena had a long standing dispute which arose after the deceased separated with his wife.

“The deceased separated with his wife and during that period Mukwena engaged in sexual activities with Nkiwane’s wife. A misunderstanding arose after Nkiwane approached the suspect,” said a source.

@patiemtsiwi.

Cde Dennis Ndlovu

Nqobile Tshili, Chronicle Correspondent
ZANU-PF Bulawayo province expects to exceed the $50 000 each of the party’s 10 provinces must raise for the annual national conference in Masvingo province in December.

The party’s Bulawayo provincial chairperson, Cde Dennis Ndlovu, yesterday said the province had received a directive to start preparing for the conference.

Cde Ndlovu said the fundraising committees have been set and they have hit the ground running in terms of preparations.

Matabeleland North chairperson Cde Richard Moyo echoed similar sentiments as he said next month the province will be holding a fundraising dinner.

“We’re going to hold our fundraising dinner next month November in Victoria Falls. We’re supposed to raise $50 000 towards the conference,” said Cde Moyo.

He said Matabeleland North Province was working to ensure that everything falls into place.

Matabeleland South chairperson Cde Rabelani Choeni said the provincial leadership is meeting over the weekend to map the way forward.

He said they were cognisant of what the party was expecting from them and will ensure that they do not disappoint.

“We’re going to be meeting on Saturday as the provincial executive council to discuss the fundraising issue. All the administrative districts have been told what is expected from them. We’ve already communicated that to the districts and we expect each district to raise about $10 000,” said Cde Choeni.

He said the province was aware that next year they will be hosting both the 21st February Movement commemorations and the conference.

Cde Choeni said with that in mind the preparations should be thorough as they prepare the province for its turn to host Zanu-PF’s important annual events.

“We have to be ready. We’re encouraging everyone to come to the party. We’re getting to every businessperson, farmer and party members knowing that next year it’s our turn.

“We should be found to be working hard together,” said Cde Choeni.

@nqotshili

Zvamaida Murwira, Harare Bureau
THE Parliamentary Legal Committee has admitted that it bungled by failing to raise the red flag when it considered the Special Economic Zones Bill that was eventually deemed unconstitutional by President Mugabe.

President Mugabe recently referred back to Parliament the Special Economic Zones Bill after he expressed reservations on a clause that sought to suspend the Labour Act whose effect would have exposed workers to serious abuse by employers.

In rejecting the Bill, President Mugabe cited section 56 of the Special Economic Zones Bill, which he said was not consistent with section 65 of the Constitution as it sought to suspend operations of the labour laws in the zones

Zvimba West MP Cde Ziyambi Ziyambi (Zanu-PF) and Mutare Central MP, Mr Inocent Gonese (MDC-T) both admitted that their decision as PLC, to give a clean bill of health on it was not prudent and not supported by the Constitution.

The duo said this on Monday evening during a Star FM programme, Livewire.

Other members of the PLC are Mudzi South MP Cde Jonathan Samkange (Independent), Mazowe South MP Cde Fortune Chasi (Zanu-PF) and Harare West MP Ms Jessie Majome (MDC-T).

Cde Ziyambi said while the PLC noted during their consideration that the Special Economic Zones Bill was unconstitutional, they still proceeded to give it a non-adverse report.

“So if you look at it, you have the Constitution and you have the Labour Act. The Labour Act was ousted in this Bill and we were at pains to try to reconcile ourselves on what we should do. We were unhappy but we allowed it to go to the House for debate. I remember (Mufakose MP Ms Paurina) Hon Mpariwa stood up and spoke about it but because of the system of voting we allowed it to sail through. But basically what I want to say is, any practice in Zimbabwe that violates the constitution is null and void to the extent of its inconsistency,” said Cde Ziyambi.

He said the Ministry of Public Service, Labour and Social Welfare in consultation with the Special Economic Zones Authority were supposed to come up with guidelines on how workers in the zones would be governed.

“If the labour regulations that were going to be made were in violation of the constitutional provision, then it is the duty of the PLC because they stand referred once they are produced, to highlight that these regulations that you have produced are unconstitutional. But we agree with the President. But it is arguable to say, when we refer to the Labour Act, should we say the Labour Act is equivalent to the constitution. In our considered view it was not,” said CdeZiyambi.

Mr Gonese concurred with Cde Ziyambi that they indeed observed that the Bill was unconstitutional but allowed it to be sent to parliament’s plenary for debate.

“I want to be very clear at the outset. Some of us were very uncomfortable with that particular provision. But as Hon Ziyambi has correctly pointed out, we actually said on the floor of the House we will raise the issue. I do recall that our spokesperson, on labour matters who is Hon Mpariwa and other members from the MDC-T raised this particular issue unfortunately the Minister stuck to his guns and as a result the Bill was passed in the form in which it was sent to the President,” said Mr Gonese.

Andile Tshuma, Court Reporter
A TOUT has been ordered to perform 210 hours of community service for having sex with a 14-year-old pupil in a bushy area near Ngozi Mine.

Twinlock Moyo pleaded guilty to having sexual intercourse with a young person charges when he appeared before Western Commonage magistrate Mr Stephen Ndhlovu.

Magistrate Ndhlovu warned him to desist from having sexual relations with minors as it would land him in worse trouble.

“Stay away from children Twinlock. How do you have a sexual relationship with a 14-year-old? She is below the legal age to consent to sex,” said the magistrate.

“You are sentenced to 12 months in prison. Six months will be suspended for five years on condition that you do not commit a similar offence within that period. The remaining six months will be suspended on condition that you perform 210 hours of community service at Mzilikazi police station.”

In a warned and cautioned statement, Moyo said he did not know his girlfriend’s age.

The minor, whose name has been withheld for ethical reasons, also lives in Cowdray Park suburb and is a Form Two pupil at a school in Mzilikazi suburb.

Prosecuting, Ms Sibekithemba Dube said the tout had a love relationship with the pupil for some time.

Ms Dube said on September 27 this year at around 7PM, Moyo went to the juvenile’s home and asked to take her for a walk.

The girl agreed and they went to a bushy area near Ngozi Mine landfill where they had sexual intercourse.

Their crime came out in the open when they met the girl’s uncle on their way home.

“After the encounter, the accused person accompanied the complainant to her place of residence and on their way they came across the complainant’s uncle who demanded to know what was going on,” said the prosecutor.

The complainant confessed and the uncle engaged the juvenile’s mother and they reported the matter to the police.

@andile_tshuma.