Category: zimbabwe

Chief Court Reporter

THE High Court has quashed a five-year sentence imposed on a man convicted of possession of 0,229 grammes of gold without a licence and ordered the trial magistrate to review the penalty.

The High Court said the magistrate exceeded the sentencing limit of her jurisdiction when she applied the minimum laid down sentence.

Praise Ncube will now be sentenced afresh after the court found the sentence was not in accordance with the law.

Ncube was on January 9 last year convicted of possession of 0,229 g of gold at Filabusi magistrates’ courts and then slapped with a five-year jail term.

When the matter was brought before Bulawayo High Court on review, Justice Christopher Dube-Banda upheld the conviction but quashed the sentence.

“Nothing turns on the conviction as it is in accordance with real and substantial justice,” he said.

“It is the sentence that is irregular and not in accordance with the law.”

Ncube appeared before a magistrate whose sentencing jurisdiction in terms of the Magistrate Court Act, is two years’ imprisonment or a fine up to level seven.

However, on remittal by the Prosecutor General, she can impose a sentence of four years or a fine up to level nine.

Noting that the magistrate sentenced the accused to a five-year prison term, Justice Dube-Banda queried whether the magistrate had the jurisdiction to impose a sentence of five years in the present case.

According to the magistrate, she has special jurisdiction by virtue of the Gold Trade Act that provides for a mandatory minimum sentence.

But Justice Dube-Banda ruled that neither in the Magistrates Court Act nor the Gold Trade Act is an ordinary magistrate given special or increased sentencing jurisdiction in relation to contravening of the Act, finding that there are other statutory enactments that give ordinary magistrates special sentencing jurisdiction, but the Gold Trade Act was not one of them.

“The fact that section 3(3) of the Act prescribes a minimum mandatory sentence of five years does not automatically give an ordinary magistrate sentencing jurisdiction that she does not possess,” said the judge.

“Her sentencing jurisdiction can only be increased or extended by legislation. It is so because the magistrates court is a creature of statute and therefore special or increased sentencing jurisdiction is given by the legislature.”

So, the sentence imposed on Ncube could not stand because it is not in accordance with real and substantial justice as required by the law.

The trial magistrate should have stopped the matter in terms of the provisions of the Magistrates Court Act and sought the directions of the Prosecutor General in terms of the provisions of the Criminal Procedure and Evidence Act rather than assume jurisdiction that she did not have.

Accordingly, the judge confirmed the conviction and set aside the sentence and referred the matter back to the magistrate to revise the sentence.

Yeukai Karengezeka Court Correspondent

The man involved in forging a medical report for a suspected robber that was in remand prison, to prove that he has hearing problems, appeared in court yesterday.

Ignatious Bumhira (43) was brought before Harare magistrate Mr Dennis Mangosi charged with obstructing the course of justice along with Takawira Taderera, who is employed at as a court orderly from Zimbabwe Prisons and Correctional Services.

Taderera is already on remand over the same case.

The State alleged that on December 2, 2021, Witness Nyarupa was arrested by detectives from CID Homicide Harare on four counts of armed robbery. He appeared at the Harare Magistrates Court where he was placed on remand in custody pending completion of investigations.

The court heard that while in remand prison, trial proceedings stalled after Nyarupa indicated that he had a hearing impairment, and the State applied that he be examined by an audiologist.

On June 23 last year, Nyarupa was taken to Audiomax Clinic in Harare by ZPCS officers where he was examined by Dr Tsungirirai Marufu who concluded that Nyarupa could hear normally with both ears.

The report was sent to the Harare Remand Prison. But it is alleged that Nyarupa connived with Taderera who intercepted the report and made material alterations on it and crafted another one that concluded Nyarupa was unable to hear with either ear.

Taderera then allegedly stamped the report using a ZPCS Harare Remand Clinic date stamp and took it to Harare Magistrates Court for the attention of the court.

That is when it was established that the report had been doctored, leading to investigations that resulted in the arrests.

Trust Freddy Herald Correspondent

Over 3 700 suspected land barons and squatters have been arrested with 985 convictions in the courts , while 3 360 cases are pending trial since January as the Government clamps down on the proliferation of illegal settlements across the country.

This comes at a time the Government has declared war on all land barons, warning that their days of illegally allocating land are over.

In a statement yesterday, national police spokesperson Assistant Commissioner Paul Nyathi commended the public for providing useful information to aid the ongoing and countrywide Government operation “No To Land Barons and Illegal Settlements on Land in either rural or urban setups.”

“As of February 12, 2024, a total of 3 775 suspects had been arrested with 985 convictions being made by the courts, while 3 360 cases are pending trial. Notable arrests have been made in Masvingo where 28 suspects were accounted for in Tokwane-Ngundu Resettlement.

“The suspects had illegally settled on the grazing lands without the authority of the Ministry of Land, Agriculture, Fisheries, Water and Rural Development.”

Asst Comm Nyathi said over 100 suspected land barons had been arrested in Matabeleland South and over 20 in Mashonaland West.

“In Mashonaland West Province, Police in Karoi arrested 26 suspects who were occupying grazing lands and distributing gazetted land to their relatives at Lazy Five Farm.”

“Investigations carried out unearthed that the suspects were paying US$15 or maize equivalent, to the plot holders.

“In Matabeleland South, 123 suspects were arrested at Enyandeni Resettlement Area, Gwanda. The suspects settled themselves on the gazetted land without lawful authority.

“In Matabeleland North Province, Thulani Nzima aged (53) was arrested for illegal allocation of land in which he allocated six residential stands to desperate home seekers for payment in Siganda, Mbembeswana 1 Village, Nyamandlovu.

“Investigations carried out unearthed that the beneficiaries paid US$300 and R4 000to the suspect.”

Asst Comm Nyathi reiterated that the public should verify the status of any land before being settled or made to pay for the purported allocation or development.

“In the same venue, the public should feel free to report criminal activities by land barons at any nearest Police Station or National Complaints Desk on (0242) 703631 or WhatsApp on 0712 800 197.”

As Harare’s Mabelreign suburb battles squatters and illegal land allocation of the green ways, stretches of open land between each block of housing, Minister of Local Government and Public Works Winston Chitando yesterday had an all stakeholder engagement meeting in Mabelreign where land invasions have been taking place with council officials allegedly being victimised for trying to demolish the sprouting illegal structures.

He was accompanied by Deputy Minister and Permanent Secretary of Local Government and Public Works Dr John Basera and high level officials from the City of Harare, led by the Mayor Councillor Jacob Mafume and met with some residents of Ward 16, which covers Mabelreign suburb.

“It has come to our attention that there are some people who are occupying these greenways without the requisite approval which is illegal.

“You cannot occupy State land without the necessary approval,” he said.

Minister Chitando made it clear that anyone involved in illegal land allocation, regardless of their status or social standing, will face the consequences of their actions.

“I want to make it abundantly clear that Government’s position is that it is illegal to parcel out State land or council land for whatever purpose, which responsibility is bestowed only on local planning authorities.

“It is also illegal, for any person who is not authorised by the Ministry or the Council, to sell, lease or offer a lease with option to purchase, of State land or Council land. All stakeholders are encouraged to work together to ensure that there is sanity in the greenways of Mabelreign.

“Illegal allocations of land in general and in urban areas, inclusive in greenways in Mabelreign.”

Minister Chitando also directed his Ministry and Council officials to finalise the preparation of the layout plan, which takes into account provisions in the Mabelreign Local Development Plan Number 20, which was approved by Harare City Council in October 2023.

The minister also issued a warning to gullible citizens about purchasing infill stands, stating that no land was being sold at the time.

“I urge all stakeholders in Harare Metropolitan Province to support the council to ensure that sanity is restored, the overall objective is to ensure that Mabelreign is a smart city. We would like all cities to be smart cities in line with vision 2030.”

Fidelis Munyoro Chief Court Reporter

FORMER National Biotechnology Authority chief executive Jonathan Mufandaedza has been acquitted of all 24 counts of criminal abuse of office and the single charge of fraud he was facing since his arrest in March 2021.

Mufandaedza was accused of using NBA funds for personal use, spending more than US$6 000 on a holiday in South Africa, and putting his gardener and housemaid on the NBA payroll among other charges, allegedly prejudicing the authority of thousands of United States dollars in unapproved expenditure.

He denied all charges when his trial opened last year before Harare regional magistrate Mrs Feresi Chakanyuka.

After a fully contested trial, Mrs Chakanyuka found Mufandaedza not guilty and acquitted him, noting that the prosecution failed to prove its case beyond reasonable doubt.

Charges against Mufandaedza covered a wide range of payments by NBA, which he had allegedly authorised, with these payments largely benefiting himself.

In 2015, US$10 000 was allegedly paid out to him and three others over a biosafety report that was prepared by a NBA subordinate.

In December 2013, US$6 160 was allegedly paid for a holiday in South Africa although he was not entitled to holiday allowances. He also allegedly drew more than 28 000 litres of fuel which he was not entitled to.

Rents and rates were allegedly paid by NBA, and a cleaner, gardener and two security guards on the NBA payroll were assigned to his leased property. Other allegations include the purchase of cellphones, and hiring out of his buses to transport NBA staff, as well as purchasing a Land Rover Discovery vehicle in 2018 without board approval.

Mr Everson Chatambudza of Rubaya and Chatambudza Legal Practitioners successfully represented Mufandaedza while Mr Brian Vito appeared for the State.