HARARE – A former police officer with the Zimbabwe Republic Police, Khisimusi Ndlovu (50), who was given a life imprisonment term in 1991 for attempted murder, has made an application in the Supreme Court to challenge his sentence which he claims was “cruel and inhuman”.
The application, prepared by lawyers Nosimilo Chanayiwa and Tawanda Zhuwarara from the Zimbabwe Lawyers for Human Rights, is in terms of Section 24 (1) of the Constitution of Zimbabwe.
The section allows a person who alleges that the Declaration of Rights has been contravened to approach the Supreme Court for relief. In Ndlovu’s application, Justice and Parliamentary Affairs Minister, Patrick Chinamasa, the Officer in Charge at Harare Central Prison, Chief Superintendent Billiot Chibaya, Commissioner General of Prisons, Paradzayi Zimhondi and the Attorney General, Johannes Tomana are cited as first, second, third and fourth respondents respectively.
Ndlovu, who joined the ZRP in 1984, was arrested in 1991 and charged with the murder of Twin Ngwenya and is currently serving his sentence at Harare Central Prison.
Ndlovu was jointly charged with Ben Mtombeni and the matter was heard at the Bulawayo High Court before Justice Gibson.
Allegations were that on April 1, 1990 the duo killed Ngwenya and burnt her body to conceal the murder. It emerged during trial that the cause of Ngwenya’s death was smoke inhalation and not strangulation.
Ndlovu says that his alleged accomplice, Mtombeni, started the fire without his knowledge.
Ndlovu is contending that his life imprisonment is an affront of human dignity and has contravened his constitutional rights.
“When I was sentenced to life imprisonment, I was robbed of my hope, dreams, freedom and sense of being. By taking away my hope, the High Court took away my dignity. In fact, my human dignity was destroyed and that is unconstitutional,” reads Ndlovu’s application.
Ndlovu highlighted that prisoners serving life sentences were not allowed to participate in various prison rehabilitative programmes such as motor mechanics.
“My daily routine is the same every day. I have absolutely nothing to look forward to. I wake up at 7am and eat breakfast. I eat lunch at 11am and dinner at 2pm. I am sent to my cell at 3pm, where I think or sleep until the next morning. The next morning, the routine starts all over again.
“I am advised that the Prisons Act excludes people like me for life imprisonment. I am not eligible for remission, release by Ministerial licence and not even for parole,” added the application.
Ndlovu contends that Section 121 of the Prisons Act has left him at the mercy of the Executive. The Act directs the Commissioner General of Prisons to make reports about prisoners serving life sentences to the Minister of Justice and Parliamentary Affairs who then may make a further report to the President who then decides to grant a pardon or substitution of sentence.
“The process is arbitrary and inaccessible to me. I don’t even know if any reports have been made about me at all,” read the application.
“Some people convicted of worse crimes have been sentenced to 15 years or less in prison”. The legal team appealed for a prison term of 21 years. – Edgar Gweshe
Murder case postponed
MARONDERA – The Marondera Magistrate Courts have once again postponed the case in which Alex Siyanga (27) is facing charges of murdering a Black Rhinos Queens soccer player, Moreblessing Duwati, in March 2013 at Nyazema business centre.
Siyanga first appeared in court on February 19 for initial remand and was ordered to appear again on May 3. The trial was then postponed to May 17.
A State case outline read out at Siyanga’s initial court appearance indicated that he killed Moreblessing, his girlfriend, because she had jilted him for another man.
“I was in love with Moreblessing since 2011, though the affair was not rosy due to interference by some of her relatives”.
“Things came to a head when I called her and another man answered. He told me to leave Moreblessing alone as she was his lover,” part of his statement reads.
Siyanga allegedly stabbed Moreblessing with a knife and passersby discovered her body the following morning. – Nelson Sibanda
Retrenched workers win case
KAROI – Fifty-five former Ackdel Minerals workers were granted an award over nonpayment of wages by the Karoi Labour Court recently. The workers, who performed various duties at the gold mine, had an outstanding wage bill of $31, 000 between November 2011 and April 2012.
Mine directors, Barend Lubber and Martin Shelly, agreed that they owed the workers but their operations stopped over a boundary dispute with their neighbours at D Troop in Chikuti. According to the order, the workers, led by Frank Emmanuel, took their employers to court over unpaid wages.
Labour officer, Godfrey Musaniwa, noted: “The employer failed to come up with a reasonable payment plan to cushion workers. It is my considered view that payment should be made in due course and spread over two months.’’ The award is that Ackdel minerals shall provide $15,777.46 towards outstanding wages. The amount should be shared equally among the 55 deserving workers and the balance of $15,777.46 should be paid within the agreed timeframe. – Staff Reporter
City council in court over land sale
MUTARE – Alleged underhand land deals by some councillors working in cahoots with top managers have spilled into the High Court.
According to the Urban Council’s Act, councillors are entitled to buy a residential stand each during their tenure of office at a discounted price. The olive branch, however, does not extend to commercial stands.
The High Court is expected to hear a matter between Mutare City and Simba Security Systems in which the latter is challenging the legality of the move by the former to repossess its commercial stand.
According to submissions on the matter, Mutare City unlawfully repossessed Simba Security Services stand number 7567 along Chipande Street measuring approximately 2000 square metres and sold it to Crylet Investments Private Limited.
According to close sources, some councillors unlawfully repossessed Simba Security Services stand and resold it at an exorbitant price to other business entities. In a High Court ruling handed down on August 19, 2009, Simba Security Services is stated as the lawful owner of the stand in question.
“The unilateral cancellation of the agreement of sale mentioned in clause (a) of this order and the subsequent repossession of the said stand by the respondent be and is hereby declared null and void,” reads part of the ruling.
Following this ruling, Mutare City entered into a gentlemen’s agreement with Simba Security Services whereby it promised the applicant an alternative piece of land. Following a series of unfulfilled promises, the applicant is now approaching the High Court to have those who are currently occupying the property to leave.
A senior MDC official in the council rubbished claims that councillors were involved in the scandal.
“This is an administrative issue that should be solved administratively. Some people might want to tarnish the image of councilors as we head towards elections,” said the official.
But this is not the first time concern has been raised over stands scandals in Mutare. Last year the city was forced to suspend its senior official, Rogers Dapi, after he allegedly received a $7,000 bribe from the Anglican Church on behalf of councillors in a stand scam. – Marcus Tawona
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