Category: zimbabwe

Yeukai Karengezeka Court Correspondent

Chitungwiza Mayor Lovemore Maiko has filed an urgent chamber application with the High Court to set aside the case lodged against him by Ward 13 councillor Kevin Mutimbanyoka.

Mutimbanyoka had applied for a relief order against the decision by Maiko and other senior council officials to suspend the then substantive town clerk, Dr George Makunde, in September last year.

In the application, Maiko through his lawyers Murandiro Chitama and Chitima Legal Practitioners, says four months had lapsed since the application was lodged and Mutimbanyoka had failed to take action to have the matter set down.

“. . .in this case, a period of four months has lapsed and the respondent (Mutimbanyoka) has neither filed heads of argument nor set the matter down for hearing. Respondent has been totally indifferent to the matter, a sure sign that he is no longer interested in obtaining relief in the matter,” said Maiko.

In his application, Mutimbanyoka had cited Chitungwiza Municipality, Minister of Local Government and Public Works, Maiko, David Duma and Makunde, as co-respondents.

He said Maiko and Duma’s actions were in breach of the Urban Council’s Act and motivated by the quest for power and control.

“The strategy of the group I am referring to is very simple: abuse the device of council meetings to remove from office all professionally independent officials and replace them with persons who will do nothing but their bidding. This ought to be stopped because it is contrary to the law,” he said in his founding affidavit.

He argued that the strategy had been implemented through unlawful suspension of Mr Makunde, impermissible delegation of executive powers to Maiko who then illegally appointed Duma as acting town clerk to do his bidding and that of a group of councillors and officials.

Tendai Rupapa Senior Reporter

Businessman Genius Kadungure, who is facing four counts of prejudicing Zimbabwe Revenue Authority (Zimra) of over $3,8 million in taxes, has applied for exception on all the counts arguing he did not act criminally in any way.

Kadungure is charged in his personal capacity as the second accused while his company, Piko Trading, is the first accused.

Through his lawyer Mr Jonathan Samkange, Kadungure argued in his application that he could not be charged in his personal capacity because he was not resident in Zimbabwe during the relevant period.

He added that essential elements of the offence were not linked to him.

Part of the exception application reads; “The facts do not speak of the second accused having so acted in his personal capacity nor having been on a frolic of his own. The facts as alleged are very clear that second accused acted as a representative of the company.

“In any event at the time of charging first accused, the State never enquired as to who would be representing it. During the period the company is alleged to have committed the counts, Kadungure was resident and working outside the country in Botswana. In the result, the second accused is entitled to except as he will be prejudiced in his defence to answer to allegations which relate to a company, in his personal capacity.”

In response, the State represented by Mr Andrew Kumire and Mr Lovack Masuku said in all the counts, the charge clearly discloses sufficient particulars to advise Kadungure the nature of the charge against him.

Kadungure is accused of importing 5 289 000 kg of liquefied petroleum gas (LPG) into Zimbabwe with intent to defraud the State of customs duty amounting to $672 533,93.

The State argues that under the circumstances, the charge discloses sufficient particulars to inform Kadungure the nature of allegations against him.

“He can only escape liability by showing on a preponderance of probabilities that he did not take part in the commission of the offence and could not have prevented it. The onus is thus on him.

“This does not relate to his being charged but to his guilt. In other words, this only operates as his defence not as an exception to the charge,” said the State.

Magistrate Mr Chrispen Mberewere is expected to make a ruling on the application.

Fidelis Munyoro Chief Court Reporter
A Harare man has been awarded $20 000 compensation for taking wrong quantities of medicine after a pharmacist at a private clinic negligently mislabelled the sachets of the prescribed medication, resulting in him suffering acute kidney injuries.

Mr Robert Green visited Albert Zinn Medical Centre seeking treatment for gastroenteritis but was incorrectly given an overdose of ciprofloxacin tablets.

Ciprofloxacin tablets are used for the treatment of severe bacterial infections.

They only work with specific strains of bacteria.

Wrong quantities can be fatal or have long-term negative impact on a patient’s health. Mr Green sued his medical practitioner Dr Anthony Hardcombe and his clinic trading as Albert Zinn Medical Centre along with pharmacist Zivai Mapenda, for negligence in a High Court claim demanding US$70 000 in damages for pain and suffering plus medical expenses.

However, Justice Happias Zhou reduced the claim and awarded Mr Green $20 000, which he ruled would sufficiently compensate the man for damages suffered.

The judge said since no scales exist by which pain and suffering could be measured, the quantum of compensation to be awarded could only be determined by the broadest general considerations.

“In settling for that amount, I have taken into account the suffering which the plaintiff went through . . . including the failure to pass urine, acute kidney injury, the forms of treatment which he had to undergo, and the fact that his condition was life threatening,” said Justice Zhou.

Mr Green was a patient of Dr Hardcombe. In April 2015, Mr Green who was complaining of gastroenteritis, was attended by Dr Hardcombe.

The doctor prescribed Secnidazole and 500mg of ciprofloxacin.

According to the prescription, Secnizadole was meant to be taken as a single dose while the 500mg of ciprofloxacin was supposed to be consumed over five days.

After being attended by the doctor, Mr Green proceeded to the in house pharmacy on the instruction of the doctor, where he was given the two sets of tablets.

However, Mr Mapenda who dispensed the tablets mislabelled the sachets, a finding which the court made.

“The mislabelling was due to the negligence of the second defendant who ought to have exercised care in fixing the labels,” said Justice Zhou.

Both Dr Hardcombe and his pharmacist denied any liability. But the court found the former liable for negligence on the grounds of the doctrine of vicarious liability, which makes an employer liable for loss caused by his or her employee while acting within the course and scope of employment.