Zim News Blog -NEWS NETWORK

Fidelis Munyoro-Chief Court Reporter

POLITICAL activist Paddington Japajapa has been freed from jail after more than three months of serving his effective two-year sentence of inciting public violence after the Supreme Court granted his second appeal on the grounds that the video evidence used to convict him needed to be backed by witnesses.

The Supreme Court agreed to hear his second appeal against conviction and sentence after the High Court rejected his first appeal against both conviction and a three-year jail term imposed by the trial magistrate, with one-year suspended.

A three-judge appeal panel of the Supreme Court Justice Lavender Makoni, Justice George Chiweshe and Justice Susan Mavangira on Friday quashed the conviction of Japajapa in July 2019 for inciting public violence.

After hearing submissions by both the defence and prosecution counsel, the final court of appeal ruled in favour of Japajapa, finding that the State could not lay a foundation for the evidence as required at law.

Professor Lovemore Madhuku, instructed by Mr Fillip Kufakwaro, argued the appeal for Japajapa, while the State was represented by Mr Richard Chikosha.

In this case, the State failed to prove its case beyond any reasonable doubt, according to the judges. 

They agreed with Prof Madhuku’s submissions that the State made a fatal mistake of by relying solely on doubtful video evidence without corroboration from any witnesses who may have been present when Japajapa allegedly made the statement that prompted his arrest.

On that basis, the judges found fault in the trial court decision and acquitted Japajapa.

Speaking to The Herald yesterday, Japajapa said despite the minor setback in his political career after the High Court threw out his appeal and ordered him to continue serving the two-year jail sentence, he was now free to continue with active politics, as a member of the ruling Zanu PF.

“I am now free to work for my political party full time without the monkey on my back,” he said. 

“The criminal record has now been removed and I am now ready to participate in political processes without any disturbances.” 

Japajapa had ditched the opposition CCC for Zanu PF.

He was thrown in jail last October after the High Court rejected his appeal from the magistrates’ court for lacking merit, but he managed to get a hearing before the Supreme Court for a second appeal.

 This would have been at the discretion of the Supreme Court.

He had in his first appeal at the High Court argued the trial court blundered at law in basing his conviction on video evidence whose authenticity and reliability had been put in issue without, first of all, pronouncing itself on whether or not the video was authentic and reliable.

Japajapa had also argued that the trial court got it wrong when it placed reliance on the evidence of a witness called by the prosecution to testify as an expert yet his testimony consisted of speculation or conjecture.

In dismissing the appeal, High Court Justice Kwenda, sitting with Justice Felistas Chatukuta, now elevated to the Supreme Court, noted that there was no compelling evidence for the High Court to interfere with the trial magistrate’s decision.

During his original trial, Japajapa initially denied the charge that he had made the utterances attributed to him claiming the inflammatory utterances were added as “voice over” to his picture manipulated by the State to make it appear as if he had addressed a press conference and made the utterances.

Japajapa made statements after the results were announced and at his trial the State submitted what was said to the a video clip of him making these, and this was the main plank of the evidence at his trial.

He was tried and convicted of breaching the country’s electoral laws and hit with three years’ imprisonment, but with one year suspended on condition of good behaviour after his release.

During the trial, Japajapa denied the charge against him, but admitted that it was him who appeared in the                                              video.

He, however, denied making the utterances attributed to him and sought to argue that the video was a “Photoshop” created by the State.

On sentencing, Japajapa failed to advance specific allegations of a misdirection that the sentence induced a sense of shock as he simply asked the court to substitute one at its own discretion.

Africa Moyo–Deputy News Editor 

A 21-year-old South African ex-convict, who is alleged to have raped and killed six Zimbabwean women in cold blood, is expected back in court today.

Sifiso Mkwananzi was arrested in 2022 on allegations of raping and killing six Zimbabwean women, plus charges of robbery in aggravating circumstances and possession of a firearm.

The bodies of the women were found at a panel-beating workshop in Johannesburg.

Three of the murdered women were identified as Joyce Moyo, Nyarai Chihota and Patricia Magaisa.

Mkwananzi was in court last Friday and is expected back today, where the National Prosecuting Authority will have witnesses who will support the allegation of premeditation and rape.

Through his lawyer, Advocate Vuyolwethu Maqeka, Mkwananzi admitted to killing the women, but insisted it was “unintentional”.

“I could not fathom going to jail for an offence I did not commit,” he said. “Killing them was just an instinctive reaction which suddenly arose during our arguments. I, therefore, deny that the murders were premeditated.” 

Investigating officer Mr Vincent Saunders said he believes the murders were revenge murders after he was jailed for 10 months in 2021, for raping a commercial sex worker.

He added that all the six women “were killed in the same manner and all the six were Zimbabweans”.

Remember Deketeke-Herald Correspondent

Twelve Zimbabwe Republic Police trainees, including one female, graduated in dog handling course number 1 of 2023 at the Canine Station in Harare last week.

The purpose of the dog handling course was to train dogs to be either for patrol or drug sniffing, which helps to simplify police work.

Chief Staff Officer of training and development Commissioner Priscilla Makotose said the dog handling course involved loyalty and teamwork.

“Police dog training is not just about teaching dogs to obey commands; it’s about cultivating a partnership built on loyalty and teamwork,” she said.

Commissioner Makotose said there were essential virtues that formed the foundation of the relationship between the handler and the dog. 

“As we recognise the dedication and hard work that has brought our graduates to this moment, we also acknowledge the significance of the bond they have formed with their canine partners,” she said. 

“The partnership between a patrol dog handler and their furry companion is truly extraordinary. It is a relationship built on trust, loyalty, and a mutual understanding of the critical role they play in maintaining public safety.” 

Commissioner Makotose emphasised the importance of acknowledging the dedication and sacrifice made by the Canine Station to train handlers and their dogs to fight crime.

“Indeed, the commitment and sacrifices made by police officers from our Canine Section since time immemorial cannot be understated,” she said. 

“They have continued to work tirelessly, often in challenging and dangerous situations, to protect our communities. 

“They have become our eyes, ears and noses in law enforcement, detecting illicit substances, locating missing persons, and apprehending criminals. Their work is not only crucial in solving crime but also in preventing it, making our communities more secure.” 

Four of the 12 graduates received prizes and among those four was a woman, Sergeant Corazon Chuma from Gwanda.

Sergeant Chuma emphasised the need for women to enrol in such programmes.

“To inspire more women and young girls, most women need to start signing up for programmes like dog handling,” she said.

“A Zimbabwe where men and women have equal opportunities is what President Mnangagwa and the Second Republic are preaching, and most women need to start working towards that.”

Herald Reporter

Zimbabwe Ex-Political Prisoners, Detainees and Restrictees Association (ZEPPDRA), an affiliate organisation of the ruling Zanu PF party, has commended President Mnangagwa and the party leadership for integrating them into the War Veterans League.

ZEPPDRA represents individuals who endured persecution and imprisonment for their political beliefs and activities during the liberation struggle in Zimbabwe.

During their first annual national executive meeting held at Zanu PF headquarters last week, ZEPPDRA national chairperson Cde Victor Kuretu expressed gratitude for the honour and recognition that was bestowed upon their association.

He said the association was developing a roadmap for 2024, focusing on formulating strategies and goals for the year.

“As we plan for 2024, we are also reviewing our standing from last year, during which many of our activities were affected by factors such as the Covid-19 pandemic and other circumstances beyond our control,” he said.

Cde Kuretu highlighted the positive development of ZEPPDRA’s integration into the War Veterans League, emphasising the significance of being included in the party’s constitution and becoming an integral part of the league’s structure, which Cde Douglas Mahiya heads.

“This is what we are conveying to our members: that we are now officially recognised within the party’s constitution and that we are fully incorporated into the structure of the War Veterans League,” Cde Kuretu said.

ZEPPDRA Children’s Trust chairman Cde Lovemore Chikukwa said the integration of the organisation into the War Veterans League signifies a notable step towards acknowledging the sacrifices and contributions made by political prisoners, detainees and restrictees during Zimbabwe’s liberation struggle.

“It also highlights the party’s commitment to inclusivity and recognition of various groups that played significant roles in the nation’s history,” he said. 

“We are grateful for the recognition our fathers and parents received from the party.”