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.
Tuesday 19 March 2024
SMALL HOUSE SMASHED WITH MACHETE
A WOMAN is battling for her life after she was brutally attacked by her lover’s wife who used a machete in the sickening assault.
Delia Mukonyora, 38, was not asked to plead when she
appeared before regional magistrate Stanford Mambanje.
She was remanded in court to Thursday for bail
considerations.
The court heard that on Saturday, Mukonyora, of Gutsai
Village, Domboshava, under Chief Chinamhora, approached Ellen Malungisa, who
stays in the same village, accusing her of snatching her husband.
She allegedly attacked her with a machete all over her
body.
Mukonyora was later restrained by witnesses, who effected a
citizen arrest on her as Malungisa was bleeding profusely from her head and
arms.
She is currently battling for her life at Parirenyatwa
Hospital.
Meanwhile, a 19-year-old security guard has been dragged to
court after he mistakenly shot a co-passenger in a truck on their way home.
Milan Marangwanda is being charged with attempted murder.
The court heard that on March 4, Marangwanda was seated in
a truck, together with the complainant, when he was handed a .22 Pietro Beretta pistol.
Marangwanda accidentally squeezed the trigger and shot the
complainant once on the left leg above the knee.
Lancelot Mutsokoti appeared for the State. H Metro
PRIVATE PARTS EATING CROC BAFFLES KARIBA
A MYSTERIOUS crocodile, which the residents of Gatche Gatche claim has supernatural powers and only devours the private parts of its victims, has cast its huge shadow over this small fishing community on the shores of Lake Kariba.
They say the elusive giant reptile has killed more than 21
people, mainly fishermen, and all of them lost their private parts while the
other parts of their bodies were left intact.
The crocodile has been nicknamed “Macheni,” because of its
weird taste for the private parts of human beings and this has fed suspicion,
within the community, that this is not an ordinary crocodile.
Some claim it is a weapon, controlled by someone with some
powerful “magical powers, who is using the human private parts for his dark
arts, whatever it is.”
Kariba residents, who spoke to H-Metro at the weekend,
insist that this is a “phantom crocodile.”
They also claim that is why it is too elusive for officials
from the Zimbabwe Parks and Wildlife Management Authority to track it down and
kill it.
Most, if not all of the attacks, the sources said, have
happened around the same area.
Zimparks spokesperson, Tinashe Farawo, responded to H-Metro
enquiries by telling this newspaper that residents of the affected area believe
this is a “spiritual crocodile.”
He revealed that:
A total of 32 lives were lost from crocodile attacks in
Lake Kariba, between Sanyati River and the Lake Kariba Dam Wall, between 2016
and 2023.
Between 2016 and 2023, 38 crocodiles were eliminated during
the same period. Over 40 crocodiles were also captured and translocated.
“As from 2019, legal and illegal gill netting fishers in
Gatche Gatche area assumed that crocodile attacks taking place in the Tsetse
Island general area were caused by one crocodile,” said Farawo.
“While the fact that the attacks are caused by only one
crocodile remains an assumption, efforts have been made by Zimparks to assess
the area and to eliminate suspect crocodiles in the general area.
“The community has named the alleged crocodile ‘Macheni.’
Reasons for the assumption that the crocodile attacks were caused by one
crocodile emanated from the fact that most of the attacks were taking place in
one general area.
“The fishers have a belief that the crocodile is a
spiritual crocodile and this is the reason they named it ‘Macheni,’ since they
claim that the crocodile used to only remove testicles from men after the
attack.”
He said their observations have revealed that:
The crocodile attacks in this area were generally taking
place at night. Gill netting at night is not allowed, it is actually conducted
by poachers. The area of concern is not a legal fishing ground, which they also
called “Macheni Bay”. Illegal fishers usually delay giving reports of attacks
and this makes follow up difficult.
The reasons why most of the attacks were taking place in
this general area were that many people were flocking to this area to do
illegal fishing, this is probably because they were enjoying good fish catches
in this area. It is also a fact that crocodiles also feed on fish and they also
tend to flock areas with more fish and this has caused this conflict.
More than 7
crocodiles have been eliminated in the general area between 2020 and 2023,
however, the Gatche Gatche community has maintained that the alleged ‘Macheni’
is still alive.
Several attempts to eliminate the alleged crocodile were
done way after the crocodile attacks, since all reports are received days after
the attacks, making the searches difficult.
We have also called upon the Gatche Gatche community to
help to identify the alleged crocodile so that we eliminate it once it has been
spotted. We are continuing working with the fishers association to
identification of the alleged crocodile.
He said between December and January this year, Zimparks
intensified anti-poaching patrols at Tsetse Island and removed all poachers,
who periodically put illegal shelters.
“Since then, no
person has been attacked by crocodiles at the alleged ‘Macheni Bay.’
“We are still working with the community to identify the
alleged crocodile, once the crocodile is identified, we will eliminate it.” H
Metro
INCOMPETENT : FARMERS ATTACK ED'S TOP PERFORMING MINISTER
SOME farmers have dug into Agriculture, Water and Fisheries minister Anxious Masuka, accusing his ministry of poor workmanship, corruption and lack of urgency to rectify farmers’ concerns.
Last week, President Emerson Mnangagwa, however, named
Masuka as the best performing minister for the year 2023.
Ironically, according to the farmers, his ministry is
facing challenges that have not been solved to prop up the agro-based economy.
According to a dossier from Mashonaland Central province
dated February 23, 2024 seen by NewsDay, several “pending” challenges have not
been addressed since 2000 when land reform kicked off.
The dossier titled Challenges in Agriculture and
Infrastructure Sectors — Urgent Attention Required exposes deep-rooted
corruption in the sector and lack of corrective measures by the parent
ministry.
The dossier was addressed to the Zanu PF political
leadership and government officials.
“We write to bring to your attention a series of critical
challenges faced by farmers and stakeholders in the agricultural and
infrastructure sectors, particularly involving the Grain Marketing Board (GMB),
the Zimbabwe Electricity Supply Authority (Zesa), Zimbabwe National Water
Authority (Zinwa), Command/PIP/ARDA schemes, banking and finance houses,
private sector funding/contracting and grain control, among others,” reads part
of the dossier.
GMB is accused of letting down farmers through payment
delays.
“Farmers are facing serious payment delays from GMB after
produce delivery. It subsequently forces farmers to lose faith in GMB and
deliver their produce to even more unscrupulous private dealers. This has been
going on for several years. When farmers deliver to GMB depots, offloading is
delayed, leading to farmers incurring extra transport charges from the
transporters who charge extra due to delays.
“The RTGS, component is reducing the price of the produce
due to the variance prevalent in the market. For instance, wheat was paid at
RTGS $6 500, whilst the rate outside was at RTGS $13 000 which leads to massive
loss to the farmer,” said the farmers.
The farmers described the GMB grading system as
“inconsistent” and favouring “Makoronyera (middle men” who get premium grades.
Some wheat farmers are still yet to be paid for their 2023
deliveries.
The disgruntled farmers proposed urgent reforms to
reinstate GMB as the sole trader of grains, ensuring efficient handling,
storage and distribution.
“This would contribute to price stability and support both
farmers and the private sector. Furthermore, payment in US dollars for produce
is crucial for accurate accounting, preventing discrepancies and enabling
effective strategic planning. If RTGS is here to stay, then farmers should be
allowed to withdraw forex against the local currency payments made. Payments
should be done timeously,” reads the document.
It went on to accuse Zinwa, which falls under Masuku’s
ministry, of being a burden to farmers.
“The current fixed charging structure of 7,5ML
(megalitres)/hectare/season for wheat, when practical application is limited to
4,5ML/ha/season, is economically burdensome for farmers. It poses a financial
strain, particularly in wheat seasons. The 4,5ML charge for the summer season
is deemed excessive, especially given that farmers generally apply a maximum of
15ML/ha during the summer season. This overcharging contributes to the overall
economic challenges faced by farmers,” reads the dossier.
There are contractual and operational concerns over water
charges that are disproportionately high, considering the service received, the
farmers noted.
“This puts an additional financial burden on farmers who
are struggling with other operational costs. The contracts with Zinwa lack
balance, holding farmers solely responsible for payment without enforcing
accountability on Zinwa's part. This places an unfair burden on farmers,” said
the farmers.
Zinwa has also been
accused of infrastructure neglect.
“There is dirty water due to illegal mining that poses a
severe threat to irrigation infrastructure. This does not only damage
equipment, but also contaminates water sources, affecting crop health and
yields.
“Zinwa’s neglect of responsibilities, such as clearing
dams, maintaining taps, and managing rivers, raises concerns about the
efficiency and effectiveness of the organization,” the dossier indicates.
“Zinwa must not give licences to riverbed mining and other
mining operations that cause massive environmental degradation and disturbance
of flora and fauna.”
The farmers mourned over government’s inputs programmes
which are open to abuse and looting.
“There is always late input distribution that has a domino
effect on planting schedules, leading to poor yields and impacting the overall
agricultural output. Furthermore, poor vetting of farmers results in inputs
reaching non-productive farmers, who may not use them for intended purposes,
exacerbating inefficiencies in the system,” reads the dossier.
The farmers suggested proper vetting of farmers and that
farmers should receive inputs two months before the onset of the season.
The farmers also challenged zesa to reduce tariffs.
“The increases put an additional financial burden on
farmers, making it harder for them to sustain their operations and contribute
to economic growth.
“Disconnections of productive farmers at critical stages of farming sabotage production, leading to economic losses for both farmers and the nation. Removal of payment terms by farmers is equally unproductive bearing in mind that farmers are producing for the nation and can only be paid after harvest,” the farmers added. Newsday
CIVIL SERVICE JOBS FOR ZANU PF MEMBERS
ZANU PF has reportedly hijacked the recruitment of government workers as it ostensibly intensifies its third term campaign bid for President Emmerson Mnangagwa, NewsDay has established.
The ruling party, through its government workers affiliates
such as the Teachers for ED [Economic Development] and Nurses for ED, has set
up centres in provinces where government job seekers who are Zanu PF members
are being shortlisted for recruitment.
NewsDay is reliably PF informed that Zanu PF officials take
the lists to the Public Service Commission (PSC), where government officials
are reportedly “pressured” to prioritise the shortlisted members for employment
or for training.
Zanu PF district and provincial party chairpersons, party
legislators and affiliate leaders are overseeing the recruitment process and
are demanding proof of the jobseekers’ links to Zanu PF such as party
membership cards or their participation during party events.
In Chikomba District, for instance, Zanu Chikomba West
legislator and Information Communication and Technology (ICT) minister Tatenda
Mavetera is spearheading the recruitment process, according to a communiqué
sent to party members seen by NewsDay.
The notice reads: “Chikomba West Constituency Teachers for
Economic Development Update: All teachers who completed their course not
employed go and register to MP’s [member of Parliament] office next to N
Richards Chivhu.
“MP [Tatenda] Mavetera is a true leader who leads by
example. That’s finalisation of second phase. Ngatifonerei vanhu vane madetails
ari pazasi (Let’s contact the people with details below). #Famba Zanu PF Famba
#Famba Mavetera Famba (Forward Zanu PF, Forward Mavetera).”
Repeated efforts to get a comment from Mavetera were in
vain as she was not answering her phone.
PSC secretary, Tsitsi Choruma, professed ignorance on the
matter.
“I have never seen the Zanu PF recommendation letters,” she
said.
“Show me the evidence. I want evidence that they are doing
that.”
Zanu PF director of information, Farai Marapira said the
recruitment programme was not originating from the party.
Marapira, however, said the ruling party was in support of
employment of job seekers.
“As the economy is starting to recover and expanding, more
jobs are opening up and we want these jobs to be taken up by Zimbabweans,
so we conscientise the nation on the jobs that are coming up so
that people fill up these spaces,” Marapira said.
“The affiliates, in their autonomy have the right to behave
as they do, but this is not a Zanu Pf programme and Zanu PF does not look for
jobs for people, but if it is the wish of the affiliates to do so, I believe it
is within their mandate because I believe they are independent juristic
independent institutions. But we encourage Zimbabweans to take up the new jobs
as our economy is expanding.”
Zanu PF activists have been known to hijack other national
programmes such as food aid distribution, while a number of party activists
have also been arrested for stealing presidential agricultural inputs in the
process of hijacking government initiatives. Newsday
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