THE MILITARY

As Zanu PF factions destroy each other, the military will have a huge say as to who would take over from President Mugabe.

THE MILITARY

As Zanu PF factions destroy each other, the military will have a huge say as to who would take over from President Mugabe.

PROPHET WALTER MAGAYA

He is a controversial prophet who continues to draw large crowds with his promise of miracles. But as his popularity soars he faces all sorts of allegations. So far he has survived.

TSVANGIRAI THE SURVIVOR

Two secretary generals tried to topple him but failed. His wife walked out but returned home. Now MDC leader, Morgan Tsvangirai, is plotting his way to State House.

NEWSDZEZIMBABWE

Latest news, entertainment and sports.

Monday 18 March 2024

LAND GRAB : ZANU PF DISTRICT CHAIRMAN ARRESTED

Zanu-PF chairman for Chiundura District who is also a freedom fighter, Gideon Muputa (77) has been arrested for grabbing and parceling out State land to party supporters.

Muputa was arrested together with Lovemore Hungwe (64) who is also a freedom fighter.

The two appeared before Gweru Provincial Magistrate Beaulity Dube today facing allegations of contravening Section 63 of the Land Commission Act Chapter 20:29. They were remanded out of custody to April 14, 2024.

The State represented by Gweru District Lands Officer Nyasha Nyamakaru said during the period stretching from 2011 to January 17, 2024, war veterans grabbed Umhali Farm in Chiundura and subdivided it into 5 hectare pieces of land which they illegally allocated to Zanu-PF supporters.

They contravened the Lands Commission Act which says it is a criminal offence to allocate, distribute, transfer, apportion, assign, subdivide, sell, dispose of, donate or otherwise alienate any piece of land without the written authority or consent from the State.

Christine Shonhiwa prosecuted. Masvingo Mirror

EMOTIONAL SEND OFF FOR FIVE TEACHERS KILLED IN CRASH


KWEKWE was filled with grief yesterday as mourners paid their respects to five Munyati Primary School teachers, who lost their lives in a tragic road accident on Friday afternoon.

The teachers were travelling in a Toyota Aqua when they collided head-on with a Homan Sino truck near Kwekwe, on the Harare-Bulawayo highway.

Two passengers were also in the truck.

Police identified the victims as Tsungirirai Joe (57) of Munyati, Mitchell Maticha (22) of Kwekwe, Sithabile Nothando Moyo (33) of Kwekwe, Everjoice Ngwenya (38) of Kwekwe and Lesley Mugwidi (29) of Kwekwe.

A memorial service was held before their bodies were taken to their respective areas for burial.

Midlands Provincial Affairs and Devolution Minister, Cde Owen Ncube, attended the memorial and expressed his grief over the incident, which had robbed families of bread winners.

He said the Government would provide a state-assisted funeral for the teachers.

“On behalf of President Mnangagwa, First Lady Dr Auxilia Mnangagwa and indeed the whole of the Midlands Province, I want to convey my sincere condolences to the families of the deceased at this very difficult moment.

“No one can be a doctor or a minister without being taught by a teacher, we salute them,” he said.

Minister Ncube urged all drivers to exercise extreme caution on the roads.

“Life is sacrosanct, hence the need to be diligent when driving. We, therefore, mourn with the families of the deceased because this is a loss, not only for you, but for Zimbabwe since the deceased were serving members of the Civil Service,” he said.

Speaker after speaker described the teachers as a joyful crew that had experience in their work and would be greatly missed in the education sector.

IVY TRIAL : WITNESS DISOWNS DOCUMENTS

The trial of gospel musician Ivy Kombo and her husband Admire Andy Kasi who are accused of acquiring conversion certificates fraudulently in order to practice law in Zimbabwe continued yesterday with the State leading another witness who disowned the documentation the couple tried to use.

The pair is being jointly charged with the suspended Council for Legal Education (CLE) executive secretary Hardwork Huggins Duri. They were trained in law outside Zimbabwe.

There is a laid down procedure that lawyers who go through university outside Zimbabwe have to convert to Zimbabwean law before they can practice without supervision in Zimbabwe. They have to take extra examinations to add the local content to their training in legal principles. In some cases they can be exempted from some, although not all, the eight examinations, depending on what their university taught.

Kombo and Kasi are accused of acquiring the certificates fraudulently without writing the exams.

In his evidence in chief, CLE Board of Examinations chairperson Mr Vulindlela Bongani Sibanda told the court that he joined CLE in 2021.

According to the records at his office Kombo in 2019 applied for a designation with CLE with intention to be allowed to write exams. He said he blindly trusted Duri to an extent that he would sign the certificates without verifying with the final list of students who passed exams.

Mr Sibanda said he was merely a victim of misrepresentation of Duri and that was why he signed certificates that are fraudulent.

According to their records, Kombo’s file only contains the application with no other documentation to prove that she was exempted from writing the conversions or that she sat for exams.  “She has her certificate which states that she had written and passed exams but that is not true because she never sat for the exams neither was she exempted.

He added that her name was never on the list of students whose applications were tabled before the council to be considered for exemption in July 2022.

“What I find strange from my dealings with ZACC is that Kombo said she was exempted because she holds a master degree in law but we do not exempt anybody in full as in all the eight subjects. Most students from South Africa are the ones that are exempted from writing Common Law 1 and 2 exams.

“Kombo’s filed an affidavit deposed to the High Court she states that she wrote exams and passed which is contradictory to her defence. Whoever told her that she had been exempted of all subjects she lied to her,” he said.

Mr Sibanda said the story was the same with Kasi except that he did not even apply at CLE. The trial continues this Thursday before Harare regional magistrate Mrs Feresi Chakanyuka.

During cross examination by lawyers of the defence counsel Mr Sibanda was asked to comment on letters of confirmation that the two had been exempted from writing all the eight subjects and should pay the fees of US$560.

He acknowledged that the features on the letter looks like theirs but rejected the authenticity in which the CLE president Justice Sylvia signature is appended on the document.

Mr Sibanda also disowned the alleged receipt of fees payments purported to have been received by CLE accountant Mr Zimba saying they did not have such type of a receipt.

 He said Duri was the custodian of the certificates as he is the one who would send the list to Fidelity Printers for printing, give Sibanda the certificates for signing and then take them to the judge for signing again before they are given to the deserving candidates.

Mr Sibanda also acknowledged that he did not have direct evidence against Kombo and Kasi that they connived with Duri to produce the fraudulent certificates.

He also did not deny that there was a possibility that Kasi could have applied with CLE and that information could have been tampered with but since the application was allegedly made before he joined CLE.

The trial continues this Thursday before Harare regional magistrate Mrs Feresi Chakanyuka.

Appearing for the State is Mr Anesu Chirenje while the defense counsel comprises of Mr Everson Chatambudza, Mr Admire Rubaya and Mr Oliver Marwa. Herald

FORMER COP'S MURDER APPEAL REJECTED

A FORMER police officer serving 30 years in jail for his role in a 2013 murder during the course of an armed robbery in Eastlea, Harare had his appeal against both conviction and sentence rejected.

Herbert Learnmore Chikiwa and co-accused Given Mushore were serving three years each for housebreaking and theft, that is unlawful entry with aggravating circumstances, and 30 years each for murder, both sentences running concurrently so their total effective sentence was 30 years.

They were tried along with Johane Kamudyariwa and Lawrence Makiwa Makosa on the two charges but these other two were acquitted.

Aggrieved by the High Court decision, Chikiwa appealed against both conviction and sentence, arguing that the lower court erred in finding that the prosecution evidence was valid, accurate and reliable, to secure a conviction.

Three judges sitting on the Appeals bench, Justice Chinembiri Bhunu, Justice Nicholas Mathonsi and Justice Alfas Chitakunye unanimously upheld the August 2017 conviction and sentence of Chikiwa on the murder charge. But the court did acquit him on the charge of unlawful entry with aggravating circumstances, although because of the concurrent sentence, this does not affect his time in prison.

“On the second count (murder), the appeal against both conviction and sentence is without merit. The court a quo (the trial court) impressively assessed the evidence and correctly applied the law on the use of circumstantial evidence in convicting the appellant.

“The assessed sentence of 30 years’ imprisonment falls within the sentencing discretion of the court a quo. There is no basis for interfering with it,” said Justice Mathonsi writing the judgment for the appeal court.

The judge found that Chikiwa’s appeal resolved itself purely on the factual and credibility findings made by High Court judge, Justice Happias Zhou, which could only be interfered with on appeal upon the laying of proper ground work and basis for doing so.

He agreed with the lower court’s findings that the firearm which killed Innocent Julius was the Llama pistol found in the possession of Chikiwa at the time of his arrest.

“It (High Court) made that finding relying on the expert scientific evidence of the witness who subjected the spent cartridges and the firearm to tests before arriving at the conclusion that the bullets which killed the deceased were fired from that firearm,” ruled Justice Mathonsi.

An appellate court can only interfere with the factual findings of a trial court where it appears that an error has been made, or that the court did not take into account relevant factors, or made a mistake on the facts.

During the original trial, the High Court heard how on the night of September 21 2013, a determined group of four armed robbers made its way to house number 40 Northampton Road, Eastlea, Harare, the office premises of Imperial Security Company.

Upon arrival, they cut the padlock securing the main gate and gained entry into the yard. Once inside the yard they proceeded to the main house used as offices where they cut the screen door before forcing the main door open and ransacked the office in search of valuables.

They stole a Llama pistol serial number 7260214 with a magazine loaded with 7 x 9mm rounds, a small red box with 4 x 9mm rounds, an assortment of clothes and a bag containing some Imperial Security Company documents. Herald

COPS BREAK UP WAR VETS MEETING

Police in Bulawayo broke a planned meeting called by the Zimbabwe National Liberation War Veterans Association (ZNLWVA) on Saturday, claiming the gathering may lead to violence between its ‘warring factions.’

ZNLWVA Chairperson, Andreas Ethan Mathibela, alleges that Zanu PF is behind the police action, saying “police work with the ruling party.”

Police had approved the Saturday meeting, causing Mathibela to claim a group of people aligned to Zanu PF were distorting the meeting agenda and authorisation.

Last week, some war veterans believed to be ZANLA and loyal to former chairperson and ex-Minister of Veterans of the Liberation Struggle Affairs, Christopher Mutsvangwa attempted to discourage other comrades from attending the meeting organised by Mathibela’s executive.

As a result, some speculated the meeting boycott could lead to a split in the ZNLWVA. Read: https://cite.org.zw/war-vets-association-faces-potential-split/

In an interview with CITE, ZNLWVA chairperson claimed the meeting was stopped by Zanu PF and its agents who did not want the veterans to discuss their welfare.

“Zanu interrupted (the meeting) at the end of the day. It was cancelled, isn’t the police work with the ruling party so they just stopped it. The reason was (the police claimed they) were called. They (police) said ‘they are threatening us, saying if we allow you to hold that meeting there will be violence,’” Mathibela said.

“I then gave them an example of Dynamos and Highlanders, who when playing football, violence was a likelihood but continue playing. Why don’t they stop these teams yet they come up with such reasons to stop our meetings when we are very few.”

Mathibela said he indicated to police that the war vets association was “not having a rally” but were “talking about welfare.”

However the police’s banning of their meeting, illustrated to the ZNLWVA executive that “there is someone who is telling them not to give unnecessary mileage to Mathibela.”

“(They were probably saying) Mathibela will be more popular. Isn’t these people are clamouring for autonomy, isn’t they want to contain us but we are not for that kind of subjugation,” Mathibela said.

Mathibela said despite such interference, the war vets association would continue with its planned action and cater for the welfare of all veterans.

“The fate of the association rests solely with the constituency itself, whoever will bring something substantive, of which this has been what some of us have been doing but others want to bring partisan politics into play when we are talking about welfare,” said the national chairperson.

The national chairperson claimed he commanded a “lot of respect and following,” which was why his rivals felt threatened by his influence.

“That’s why we see this fear in those minorities because the limelight is not with them. The way forward is we are not perturbed by such. There’s always competition when you want to do the right thing and obviously jecharists will always want to destroy that,” Mathibela said.

“We are going ahead, we have our programme and a roadmap and we are going ahead.”

Mathibela claimed he knew the ‘destractors’ were aligned to Mutsvangwa but said it was only a matter of time before the former war vets minister’s influence dissipated.

“Are we not talking of (former late president, Robert) Mugabe (who led Zimbabwe for three decades) as history? Everything will come to an end sooner or later, it’s just a matter of time.” CITE

PENSIONER LOSES US$30K CASE AGAINST OLD MUTUAL

A POLICY holder’s bid to bring a claim for a special insurance annuity policy of more than US$30 000 against Old Mutual has been thrown out after the Supreme Court agreed with the High Court that he could not even bring the case to court because the deadline imposed by law for civil suits had expired.

Mr Thomas Kanjere had invested the proceeds of his former pension fund in 1989 in an annuity scheme to give himself a guaranteed income in old age, and insurance cover before that time.

Hyperinflation wiped out the value and Mr Kanjere was trying to have the trivial resulting value significantly upgraded.

A three-judge appeal bench ruled that the claim should have been brought up within the stipulated time frame of three years in terms of the Prescription Act, which lays down the deadline for starting a civil suit.

The ruling comes after Mr Kanjere appealed against a High Court ruling upholding a special plea of prescription raised by the Old Mutual, one of the leading insurance companies in the country and internationally.

Mr Kanjere may or may not have had a case against Old Mutual if he had initiated his civil suit in time, since others have not been able to prevail, but he never had the chance to present his arguments before a judge, and to counter any replies from Old Mutual, since his case was dead before it even started.

In 1989, when the then Zimbabwe dollar was worth roughly 50US cents, Mr Kanjere and Old Mutual agreed to an insurance policy known as the Independence Maker Insurance Policy and Mr Kanjere used his Air Zimbabwe Pension Fund exit proceeds to make a single payment for the insurance policy.

In terms of the insurance policy, Mr Kanjere was entitled to a basic benefit of $35 521 (equivalent then to US$17 138,88) plus profit on July 1 2013, which was 24 years later, with similar cover if he died in the interim. There was a formula for monthly payments for each $1 000 insured, but Old Mutual wroked out that if Mr Kanjere made a single premium of $9 914,24 he would get his $35 521 plus profits in 24 years. There was an implied benefit, in Mr Kanjere’s understanding and in what he saw as a promise, that he would be able to at least maintain the spending power of his premium over the years.

Those 24 years saw the collapse of the Zimbabwe dollar in hyperinflation and the dollarisation of the economy. In 2010, Old Mutual, unsolicited, offered to pay Mr Kanjere US$227,58 as the full value of the policy, which he rejected and went to seek advice from the Zimbabwe Pensions and Insurance Rights Trust, on the computation of the rightful maturity and pension due from this policy and hence the actual value of the policy.

He was advised that he was owed benefits that cumulatively amounted to a total sum of US$34 856,75, being the sum of the basic benefits of US$17 138,88 and profits of US$17 717,87 at a constant rate of 3 percent throughout the maturity term.

The amount represented a total that would buy Mr Kanjere’s annuity, which resulted from the maturation of his Independence Maker Retirement annuity contract, issued by Old Mutual on 1 July 1989.

Mr Kanjere, who was being represented by Mr Tendai Biti, found himself fixed in a legal dilemma with the insurance firm over the annuities payable to him, prompting the legal battle at the High Court.

He filed a claim against Old Mutual on April 15 2016, at the High Court, seeking to recoup the US$34 856,75 he argued he was owed, being the cumulative benefits from the maturation of the insurance policy.

The summons was served on July 18 2016 and Old Mutual raised a special plea of prescription, arguing that the claim was based on the contract entered into in 1989 which matured on 1 July 2013.

Thus, according to Old Mutual lawyer, Advocate Thabani Mpofu, instructed by Kantor and Immerman, the cause of action arose on July 1 2013 and in terms of the Prescription Act, the failure to act when the cause of action arose rendered Mr Kanjere’s claim prescribed.

Mr Kanjere lost the case and appealed to the Supreme Court, arguing that prescription had been interrupted by the issuance of summons on February 9 2016 under HC1218/16.

The sole issue for determination in this case was whether or not the lower court erred by holding that the appellant’s claim had been prescribed.

In their ruling, Justice Tendai Uchena, Justice Felistus Chatukuta and Justice Hlekani Mwayera unanimously agreed that the lower court correctly found that Old Mutual had discharged the required onus in so far as proving that the claim had prescribed.

“The appeal has no merit, it must fail. Accordingly, it is ordered that the appeal be and is hereby dismissed with costs,” said Justice Mawayera finding that the lower court’s decision was unassailable.

Justice Mwayera noted that Old Mutual raised a special plea in bar of prescription to which the Kanjere legal counsel did not raise any recognisable defence in the pleadings.

Justice Mwayera ruled that Kanjere’s pension became due as at July1 2013, but the claim was only served on July 18 2016 which was outside the three years as provided for by the Act.

Mr Biti argued that Mr Kanjere’s insurance policy was of a continuous nature that could not be extinguished by prescription as the terms of the policy gave rise to a continuous obligation which was payable on monthly basis from the date of maturity.

Adv Mpofu submitted that the fact that Mr Kanjere claimed a lump sum before the court a quo four years after the maturity date of the policy rendered the claim prescribed.

To this end, Adv Mpofu said the claim was subject to prescription law and thus the claim, being outside the permissible time, had extinguished. Herald

TOWN CLERK SUSPENDED AS HE SIGNS PERFORMANCE CONTRACT WITH ED

CHINHOYI Town Clerk, Maxwell Kaitano, has been suspended for failing to execute his duties, H-Metro, can reveal.

However, the issue appears to be a tough one to handle for Council with some saying there was a procedural flaw since the mayor, Owen Chauruza, did not attend the meeting.

Kaitano, who is a lawyer by profession, was relieved of his duties during a full Council extraordinary meeting that was held last week in Council chambers.

The meeting, which suspended the Town Clerk, was chaired by the Deputy Mayor, Councillor Chipo Mhlotshwa.

Ironically, Kaitano and the Mayor, Owen Charuza, were in Harare attending to the performance-based signing contracts.

Council Spokesperson, Tichaona Mlauzi, told H- Metro he did not attend the meeting that suspended the Town Clerk.

“The Mayor and Town Clerk were in Harare where they were signing their performance-based contracts with President ED Mnangagwa, so I don’t have any comment at the moment.

“I have to wait for the full Council minutes to comment, “ said Mlauzi.

Charuza declined to comment referring all issues to Mhlotshwa.

“I am sure you heard that correctly, the meeting was chaired by the DM (Deputy Mayor) so she is the best to answer to that.

“You want to hear what transpired.

“I am not the right person for you to be asking. Am sorry for that,” said Charuza.

Deputy Mayor Mhlotshwa said: “I have nothing much to say of the said suspension pending implementation of the Council resolution, “ said Mhlotshwa.

Combined Chinhoyi Residents Association (CCRA) chairman, Tendai Musonza, said:

“The TC ‘s suspension was long overdue.” H Metro 

EX WIFE SAVAGES MADZIBABA ISHMAEL : HE IS A HYPOCRITE

MADZIBABA Ishmael’s first wife says her former husband is a hypocrite who does one thing and preaches something else to ‘brainwash’ his army of followers.

Tendai Mukombe has eight children with Madzibaba Ishmael.

Two of their kids are late while four of them live with their father in ‘Canaan.’

She stays with her two boys.

Their marriage collapsed when they fell out after the ‘King of Canaan’ took a second and younger wife.

She said she only knows Madzibaba Ishmael’s second wife and does not know the other seven.

She is now living in abject poverty at her rural home in Murehwa.

Mukombe said her four daughters were married but she never received any lobola because Madzibaba Ishmael outlawed this practice.

However, she said Madzibaba Ishmael paid lobola for her in full and took birth certificates for all their eight children.

Birth certificates are not allowed at Madzibaba Ishmael’s shrine.

“I never received any lobola from my son-in-laws since Madzibaba Ishmael abolished the lobola custom.

“Asi iye akandibvisira pfuma yose zvekuti baba namai vangu vakapfeka mbatya nekudya roora rese.

“Madzibaba Ishmael acquired birth certificates for all his children with me.

“It is my prayer for Madzibaba Ishmael to repent, to look after all his children and to be released from prison for good.”

Mukombe was blocked by Madzibaba Ishmael from receiving any kind of support from him, his church and any of her children, after she refused to support his church’s doctrine.

She told H-Metro: “My life has not been good since the outbreak of Covid-19, in March 2020.

“That is the time he ditched me, following a misunderstanding over his decision to marry his second wife.

“Ndakaramba kuenda kuNyabira ndikati handingasiye dzimba dzangu, ndinofira pano.

“My marital issues haunted me that I nearly took my life, but my neighbours urged me to soldier on and remain prayerful.”

She claimed her rural home was once put up for sale by Madzibaba Ishmael.

“Some home seekers were even sent here to see of they could buy this place. I pleaded for mercy and they understood my issue.”

She claims she has endured so much suffering she has even considered suicide on a number of occasions.

“I have gone through untold suffering,” she said. “You remember the time when Madzibaba Ishmael was arrested, following the Budiriro incident, which ended up with him being sent to jail.

 “Akasungirwa muimba iyo kuno kumusha mushure mekunge tatambudzika zvikuru tichigara kuBudiriro.

 “He was jailed and I had to fend for the children alone. He was jailed when I was nursing our last born and the baby died while he was in prison. Upon his release, Madzibaba Ishmael inflicted more pain on me by marrying another wife.”

She said that marriage caused her a great deal of suffering and she decided to stop going to Madzibaba Ishmael’s church.

“I had to join another Johanne Masowe yeChishanu because I was being mocked and my children were not being supported.

“Madzibaba Ishmael convinced the children that he was not going to look after them if they were to remain with me.” H Metro

DON'T BE FOUND AT HOME : MINISTER WARNS VILLAGERS


MANICALAND Provincial Affairs minister, Misheck Mugadza has sent a chilling warning that no one should remain at home in Buhera when President Emmerson Mnangagwa visits for the Independence Day celebrations next month.

Mugadza made the remarks while addressing various church denominations at Murambinda growth point on Saturday during a national prayer day in preparation of the Independence Day Celebrations.

Zanu PF national chairperson, Oppah Muchinguri was the guest of honour.

Murambinda growth point, where poverty and underdevelopment abound, will host the celebrations during which Mnangagwa will be the guest of honour.

The commemorations will be held under the theme Zim@44: Unity, Peace and Development Towards Vision 2030.

Mugadza, the Zanu PF Mutasa South Member of Parliament said: “During the Independence Day Celebrations no one should be seen at home.

“If you are seen at home you are a thief.”

There are now fears that villagers and residents in Murambinda will be frog-marched to the celebrations as national events are increasingly being turned into impromptu Zanu PF rallies.

During the youth day celebrations held in Masvingo in February, Mnangagwa addressed a rally where his loyalists rallied support for him to extend his term beyond 2028.

The country’s Constitution prohibits an incumbent from benefitting from a constitutional amendment to a term limit.

Mnangagwa may need a referendum to extend his term.

“I am happy that churches have come in your numbers. This shows that you support President Emmerson Mnangagwa,” Mugadza said.

Zanu PF Buhera North legislator, Phillip Guyo said thousands of villagers are expected at the Independence Day celebrations.

The government has since ordered all local authorities in Manicaland to camp in Buhera district where they are doing rehabilitation works including road maintenance to ensure the Zanu PF bigwigs have a comfortable ride in and out of the poverty-stricken district.

The 120-kilometre Murambinda and Birchnough Bridge growth point road is being rehabilitated.

For many in the previously neglected Murambinda, it is the first time to see government departments at work to give the area a facelift ahead of the celebrations.

Meanwhile, Zanu PF has extended its begging bowl to companies in Manicaland to finance the 44th Independence Day main celebrations.

Some companies, who refused to be named last week said they have been having several visits from Zanu PF officials seeking donations such as fuel and cash to feed the crowds expected to attend the celebrations.

“We have been approached by Zanu PF to help in financing the Independence Day Celebrations in Murambinda and there is nothing we can do, but to help,” said one company official who refused to be named for fear of victimisation.

Zanu PF director of Information, Farai Marapira said: “There is nothing wrong in seeking help, what we don't want is extortion. Remember this is a national event and this has nothing to do with politics.”

Some Zanu PF officials have been known to take advantage of such events to line their pockets by abusing the name of the party and name-dropping to swindle potential donors. Zanu PF has also roped in churches, especially the Apostolic sects, to mobilise their members to attend in numbers. Newsday

Sunday 17 March 2024

HUSBAND AND WIFE NABBED WITH FIVE TONNES OF COPPER CABLES


A collaborative effort between Bulawayo residents and the police resulted in the successful dismantlement of a notorious syndicate believed to be responsible for extensive copper cable thefts in the city.

The operation culminated in the recovery of over five tonnes of stolen cables in Mahatshula suburb.

The four-member syndicate was apprehended on Saturday afternoon by a CID Homicide team, following a meticulous two-week surveillance operation.

Among  those arrested are a man and his wife, Tapfumaneyi Muzarabani and Tracy Ncube, alongside their alleged accomplices, Alan Mudjiwa and Hebron Chiyangwa.

Bulawayo provincial police spokesperson, Inspector Abednico Ncube, credited the vigilant public for reporting the suspicious activities that led to the surveillance and subsequent arrests.

“Bulawayo province has been battling a scourge of  theft of copper cables and that led us to engagie CID Homicide in apprehending the suspects. Detectives from CID received information from members of the public leading to a raid at a house in Mahatshula suburb. They were found with more than 5 tonnes of copper cables in two separate rooms,” said Insp Ncube.

He said police believe that the couple residing there was involved in the concealment of the stolen goods, which were allegedly destined for sale to various purchasers.

“The owner of the house is a 64-year-old man who stays elsewhere and is unaware that his house was being used as a storage facility for stolen copper cables. We want to appreciate members of the public for having trust in ZRP Bulawayo and we want to appreciate the police themselves, especially CID Homicide in this case, who worked with dedication, diligence and motivation in the follow up of this case,” said Insp Ncube.

Meanwhile, police on Wednesday apprehended a 36-year-old man in Emganwini suburb found with 1,5 tonnes of copper cables.

The person, an agent for Harare-based Reczone Private Limited, asserted that the cables were being stored on behalf of the company.

Insp Ncube reported that police were tipped off about the suspect’s possession of the cables, which are believed to have been pilfered from the Zimbabwe Electricity Transmission and Distribution Company’s (ZETDC) distribution network.

“On March 13, detectives received information that the accused person had copper cables suspected to be stolen from ZETDC distribution lines. The recovered copper cables are owned by ZETDC.

“Some are used in electricity distribution and some are transformer coils and overhead copper distribution cables. Police gathered that indeed the man is an agent of Reczone Pvt Ltd and that he operates in Bulawayo’s Kelvin West Industrial area.

“On a date unknown, but in January 2024, he received assorted copper cables packed in 34 50kg pockets. The copper cables included transformer coils and overhead distribution cables. He stored the cables in one of the company offices at 1634 Market Road Kelvin North, Bulawayo,” said Insp Ncube.

He said police went to the premises where they requested to conduct a search and managed to recover 1 380,5kgs of copper cables of which 571kgs were ZETDC transformer coils.

“ZETDC engineers, TelOne Zimbabwe and National Railways of Zimbabwe (NRZ) representatives were summoned to the Criminal Investigation Department Minerals Flora and Fauna Unit Station to identify the recovered copper cables. The ZETDC engineer identified 571kgs of transformer coils and overhead distribution cables,” Inspector Ncube said.

He claimed to have acquired various copper cables from multiple sources. Upon inspection, he presented a legitimate copper trading licence, valid from February 19 of this year until February 18, 2025, issued to his employer.

However, Insp Ncube highlighted a potential infringement of Section 4(4) of the Copper Control Act, Chapter 14:06, which explicitly prohibits the transfer or unauthorised use of such licences.

The incident underscores the ongoing concerns regarding the loss of parastatal property to vandalism and theft.

In response to these challenges, Zesa spearheaded an awareness campaign last month, in collaboration with the Bulawayo City Council, police, ZETDC Loss Control, NRZ and TelOne.

The initiative was aimed at raising public consciousness about the detrimental effects of  service infrastructure vandalism, particularly the theft of copper cables.

The consequences of these criminal activities have been severe, including fatalities in hospitals, water supply disruptions and extended power outages affecting numerous citizens. Chronicle

 

 

 

 

DECEASED ESTATES : THE COMMON CRIME

LEGAL experts have warned that occupying a property after the owner’s death without proper notification to the Master of High Court is illegal.

Families commonly reside in homes of their deceased relatives, but the neglect of registering the deceased’s estate is a criminal offence.

Failure to comply with the requirement could lead to serious legal repercussions, including a fine or jail sentence of up to one year, or both, underscoring the gravity of adhering to this legal condition.

Prominent Bulawayo-based legal expert, Mrs Patience Nkomo,  said in terms of Section 5 of the Deceased Estates Act, it is a criminal offence for any relative of a deceased person or any person who at or immediately after the death has the chief charge of the house in or of the place on which the death occurred to not notify the Master of the High Court of the death of any person who died leaving any property in possession.

“In short, residing in a house registered in the name of a deceased person whose estate is not registered is a criminal offence in terms of the laws of Zimbabwe,” said Mrs Nkomo.

She said registration of a deceased estate should be initiated within 14 days of the death of the property owner.

Despite the legal mandate, she said there is a conspicuous absence of prosecution records for those who fail to comply with this requirement.

The gap in law enforcement raises questions about the practical application of the statute and its implications for legal heirs.

“In reality, there are few known cases of criminal prosecution in terms of the above provision, but this does not do away with the need to comply with the same.

“Communities clearly are unaware of the repercussions of not registering an estate and out of ignorance continue to reside in properties of deceased persons without notifying the Master of the High Court in clear violation of the law,” said Mrs Nkomo.

She said there is a general lack of understanding of the importance of registering an estate, especially to the potential beneficiaries.

“Registering an estate ensures that beneficiaries legally handle the deceased’s assets registered in the deceased’s name. Registering an estate also protects the assets of the estate from being abused or being grabbed,” she said.

Mr Khumbulani Matema, another legal expert, warned that registration of a deceased estate is not just a procedural formality, but a legal necessity.

Non-compliance, he said, is a serious criminal offence.

“The following persons can register an estate; surviving spouse, any member of the family or any person connected to the estate like creditors can register an estate. The charges to wind down an estate are minimal and largely depend on the value of the assets left behind by the deceased,” said Mr Matema.

He said the process of settling an estate is a meticulous one that typically spans six months to a year. This timeframe is essential to ensure that all aspects of the estate are resolved in accordance with legal standards, underscoring the importance of a thorough approach to estate administration.

“The time largely depends on the size and complexity of the estate. Complex estates take longer. In such instances, members of the public are urged to approach professional executors to guide them on the winding of the estate.

“People are also urged to plan their afterlife by documenting their thoughts in the form of a will. Members of the public are urged to approach estate planners to guide them on drafting and safe keeping of such important documents,” he said.

Mr Matema said failure to do so can be costly to the immediate family as they might not have control over the assets.

“The rules of intestacy may not go according to your wishes. Your spouse may be forced to sell the family home in order to share with the other beneficiaries,” said Mr Matema.

Mr Dictor Khumalo, head of Housing and Community Services at Bulawayo City Council, said they frequently encountered cases involving individuals seeking to transfer house ownership.

These instances highlight the ongoing challenges and complexities surrounding property rights and ownership within the city.

“We come across a lot of these problems where individuals will come and say we must transfer a deceased estate to a family member. But  we refer them to the High Court which handles the distribution of property of a deceased individual. We just follow what the Master of the High Court would have determined. But we have seen a lot of people coming to us out of ignorance and we tell them to go to the High Court,” said Mr Khumalo.

“Firstly, a deceased estate must be registered with the Master of the High Court within six weeks. After registering, an inventory of all the deceased assets is compiled and subsequently distributed among the  surviving spouse and  children. After distribution, the process of updating or changing ownership of property can be done.”

Bulawayo United Residents Association chairperson Mr Winos Dube said there is general lack of knowledge of the need to register deceased estates.

“I think  the Government and the relevant ministry need to do an extensive education campaign on the requirements to register a deceased estate.

“It is an urgent matter that needs to be tackled because some people are losing properties to unscrupulous individuals who understand the law and take advantage of the ignorance of residents.

“Some people don’t see the need to register an estate as they would culturally say  ‘this is my house as it was left by my late father’, so there is nothing to fuss about,” said Mr Dube Chronicle

 

 

 

 

60% BYO DIVORCE CASES INITIATED BY WOMEN

MORE than 60 percent of divorce cases in Bulawayo this year were initiated by women, according to the High Court.

Out  of the 139 divorce applications filed in the Bulawayo High Court up to the end of last month, 64 percent were instigated by women.

Of these, nine have already been concluded.

This follows last year’s figure of 658 divorces — a pattern the region has seen rising over the past 12 months as reported by the Judicial Services Commission (JSC).

Psychologist Ms Jacqueline Nkomo believes the trend reflects women’s growing fiscal independence, which empowers them to prioritise their own welfare over marital endurance.

She said the modern woman’s decision to divorce is often a deliberate choice to escape the exhaustive demands of marital life.

“Emotional fulfilment is another driving force because when emotional needs go unmet, marriages falter. Women are no longer willing to sacrifice their emotional well-being for the sake of marital stability and won’t settle for anything less than they deserve,” she said.

“Reports show that while men easily engage in extramarital affairs, they cannot stomach the same done to them; some even kill themselves when they discover that their wives are cheating.

“So while women appreciate the need to forgive in a relationship, there have to be measures that can be taken and if one sees they are constantly being taken advantage of, they can just divorce without having to revenge on cheating men.

“Gone are the days when women would put up with any nonsensical behaviours in the name of saving a marriage. These days they are not patient, they will leave without thinking twice.”

Ms Nkomo said amid the empowerment lies the sobering reality of the emotional toll of divorce as it is not a decision made without anguish or heartache.

For Mr Shepherd Chingarande, a legal practitioner at Sansole and Senda Law Firm, women no longer possess that ability to withstand challenges that come with sustaining relationships.

He said social media is also orienting women to have high and sometimes unreal standards which cannot be easily met by ordinary men in Zimbabwe.

“The laws around divorce also make it easy for women. They don’t need much like before; a simple ‘we have irreconcilable differences’ is enough and the court cannot force them to stay in a marriage.

“Women are now aware of their rights and they don’t accept abuse or anything that tempers with their well-being unlike women in the olden days who could stay in an unhappy marriage just to secure upkeep for herself and the children,” said Mr Chingarande.

“Women are now emancipated and if the going gets tough, she won’t hesitate to leave the marriage without second thoughts. There are also a number of unrealistic expectations from both parties and people sometimes fail to be real and work with the reality on the ground, which often leads to divorce.”

Bulawayo Progressive residents’ association gender officer, Ms Abigail Siziba, said empowerment played a pivotal role in informed decisions that women choose to make regarding relationships.

“Of course, an empowered woman will surely know the steps to take when faced with challenges in a marriage which does not mean divorce, but getting help from existing organisations or institutions  that offer services such as counselling.

“If one then decides to go the divorce route, it may mean other avenues of trying to save the marriage have failed or one is not aware of what they could do if faced with such a scenario,” she said.

“We cannot blame empowerment for contributing to divorce; empowerment is critical for us to achieve gender equality. Women must know their rights and even learn to be independent, and, in fact, the economy is one of the major contributors to misunderstandings in most families.” Chronicle