Court Watch

Kwekwe – Fired MDC-T councillor, Johannes Ngozo, who was accused of duping home seekers of over $11 000, has been sentenced to jail for five years.

Ngozo was one of the 12 councillors expelled from the party two months ago on allegations of corruption. Magistrate Tendai Manwere found Ngozo guilty of six counts of fraud and one of criminal abuse of office. He was already in jail over failure to settle a $2 300 debt. In his judgment, the magistrate said the state had succeeded in proving its case against Ngozo. “It is clear in my mind that the accused converted the money to his own use and through his own admission, only refunded part of the money to some of his victims after they had reported the matter to the police,” said the magistrate.

Ngozo’s defence that political enemies within the MDC-T, was dismissed by the magistrate. – Brenna Matendere

MDC-T activists acquitted

Lupane – A magistrate last week acquitted five MDC-T activists accused of assaulting Zanu (PF) activists during the run up to the controversial June 27, 2008 presidential run-off.

Magistrate Takudzwa Gwazemba acquitted Abraham Sibanda,Orchard Ndlovu, Melusi Ncube, Dokotela Sibanda and Victor Nyoni due to lack of evidence.

However, the other four activists were put on defence after witnesses implicated them.

The nine MDC-T activists were being accused of raiding a Zanu (PF) militia camp and assaulting the Zanu (PF) activists with stones, knobkerries, axes, iron rods and logs. The alleged victims were taken to hospital following the assault and a report was made to the police leading to the nine’s arrest.

Those who were identified by the witnesses will now defend themselves. They are all out on free bail. – Zwanai Sithole

Councillor in court for rape

Gwanda – A Zanu (PF) councillor is in Gwanda Remand Prison for allegedly raping his 13-year-old stepdaughter. Witness Sebata, who is the Councillor for Ward 11 in Ntalale area under Chief Mathe, appeared at the Gwanda Magistrates Court on Friday.

Sebata was denied bail and remanded in custody to November 7 by Magistrate Jimmy Ntonga. It is the State’s case that Sebata, who has a grocery shop in Ntalale, routinely raped his step-daughter.

The matter came to light after the councillor beat the minor when he caught her talking to a young man. According to the State, Sebata accused the girl of ‘double crossing him’.

The girl reported the beating and the rape to her mother who took her to the police. In his court appearance on Friday, the councillor denied raping the minor,arguing that they were in love. – Ashly Sibanda

Elder in court for abuse

Gweru – A 60-year-old man has been dragged before the courts after he allegedly abused a mentally ill woman from his village.

Saverio Chimhoga from Toendepi village under headman Chigegwe pleaded not guilty when he appeared before magistrate Mildred Mutuvi. Prosecutor Stancelous Kanyemba said that on October 10, the accused went to Sharai Mukashi’s home.

The woman’s mother, Christine Mukashi, saw him touch her daughter inappropriately.

A report was made to the police leading to Chimhoga’s arrest. Magistrate Mutuvi deferred the matter to next week for trial. – Brenna Matendere

Fraudster absconds court

Gweru – A man who swindled a visiting South African proprietor of $ 40 000 in a botched mining deal has absconded court where he was supposed to receive judgment.

Judgment in the case had been set for this week by Magistrate Sithembinkosi Msipa but the accused, Symptoms Siwawa, did not show up.

The potential investor, Marius Bester, transferred $40 000 into Siwawa’s account on 23 March for the supply of 272 tonnes of chrome from Siwawa which was supposed to be transported to South Africa within 10 days.

However, Siwawa failed to meet his side of the agreement, forcing Bester to report the case on 18 April. Siwawa is denying the charge, arguing that Bester failed to collect his chrome in time before government effected a ban on its export. – Brenna Matendere

ZINWA and HCC deny responsibility

Harare – A local company has laid a lawsuit against Harare City Council and Zimbabwe National Water Authority demanding nearly $50 000 for refusing to pay for services rendered.

Morcross Trading Private Limited signed a contract with ZINWA in December 2008 for the supply and installation of three chlorinator systems at Morton Jaffray and Prince Edward Water Treatment Plants. In 2009 the government then gave a directive that all local authorities take over charge of water treatment systems from ZINWA. When HCC took over operations, MTPL continued to do the work.

According to MTPL, when they wanted payment, HCC denied ownership of the bill and referred them to ZINWA. Likewise, ZINWA claims the job was done and completed when they were no longer in charge of the water treatment plants so HCC should pay. “Legally when a company takes over operations from another it automatically inherits all assets and liabilities, so HCC benefited and should pay or should have stopped MTPL if they were not interested in the job being done,” said a senior officer at ZINWA on condition of anonymity.

This prompted MTPL to sue the two organisations and filed a case at the High Court before Justice Susan Mavhangira.

According to sources close to the case: “MTPL initially sued ZINWA alone in June 2009 for R2 366 624 at High Court and withdrew the case. MTPL then renewed its case two years later, in January 2012 suing both ZINWA and HCC for $49 993.” – Thabani Dube

Police thieves arrested

Mutare – Three law enforcement agents who have been terrorising and stealing from residents were arrested this week by police detectives.

A police officer and two members of the special constabulary were hauled before Mutare magistrate courts facing two counts of armed robbery. They appeared before magistrate Charles Murowe and where remanded in custody to November 5 for trial. They are denying the charges.

Prosecutor Nelson Makunyire told the court that Rodney Manuel (33), a police officer based in Mutare, connived with Richard Mashatise (32) and Abisha Karimazondo (39), both members of the police constabulary, to commit armed robberies in the city.

“Manuel connived with his co-accused who are former members of the police constabulary,” said Makunyire. The accused persons were not represented. – Brenna Matendere

ZOYP director sentenced under POSA

Kwekwe – The Zimbabwe Organisation For Youth In Politics Director, Nkosilathi Moyo, has been sentenced for contravening the Public Order and Security Act.

The meeting, which intended to discuss the apathy of youths with regards to the constitution writing process was scheduled to involve an address by former United States Ambassador, Charles Ray but war veterans blocked it.

Prosecutor Brian Mzemba told the court that Moyo convened a meeting on 16 November at Kwekwe Theatre without the authority of the police.

In passing judgement, magistrate Tendai Manwere said Moyo had violated POSA by not informing the police of the intended gathering.

He sentenced him to 12 months in prison. However, six months were put aside on condition he paid a $500 fine. The rest was also suspended on good behaviour.

Since its inception, the piece of legislation has been met with stiff opposition from pressure groups who view it as a state tool to silence opposition and thwart democracy.

Under POSA, the police should authorise all gatherings of people intending to discuss national issues. – Mary Kashumba