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Source: Ex-cop sues Mathema, Matanga for contempt of court – NewsDay Zimbabwe February 23, 2019

BY SILAS NKALA

A FORMER police officer, who was arrested after testifying against fellow cops, has sued Home Affairs minister Cain Mathema and Police Commissioner-General Godwin Matanga for contempt of court after they allegedly defied an order compelling the police to pay him damages of $56 000 for wrongful arrest.

Farayi Bazil Nyapokoto in June 11, 2011 obtained an order against police officers who wrongfully arrested him after he testified against fellow cops at an inquest held at Tredgold Magistrates’ Courts in Bulawayo.

Nyapokoto, however, remained in the police force, residing at Ross Camp.

Former Police Commissioner-General Augustine Chihuri and ex-Home Affairs minister Obert Mpofu were respondents.

Bulawayo High Court judge Justice Lawrence Kamocha, in a default judgment, awarded Nyapokoto $50 000 as damages and a further $6 400 in legal costs.

Through his lawyers, Tanaka Law Chambers, Nyapokoto wrote to Matanga on October 29 last year, reminding him of the court order.

Following Matanga’s failure to comply with the court order, Nyapokoto on Tuesday, through his lawyers, filed a contempt of court lawsuit at the Bulawayo High Court.

He cited Mathema, Matanga, a Superintendent Moyo, Officer Commanding Camps Assistant Commissioner Mavis Nkomo, Superintendent Jefias Sibanda, Detective Assistant Inspector
Sibanda, Detective Constable Mugabe, and Detective Constable Shoko as the respondents.

In his founding affidavit, Nyapokoto said sometime in March 2011, he sued the police, seeking US$443 600 for pain, shock and suffering, contumelia that he suffered as a result of the malicious arrest, detention and humiliation.

He also demanded interest on the sum at a prescribed rate of interest from date of summons to date of full payment and costs of suit.

“Applicant diligently prosecuted the matter and on July 16, 2011, the court handed down judgment in favour of applicant, ordering payment of US$6 400 being costs plaintiff incurred in trying to find justice in the matter, payment of US$50 000 being general damages for pain, shock, suffering and contumelia, depreciation of liberty, malicious arrest, detention and prosecution and unlawful eviction, interests at the prescribed rate from date of issue of summons to date of full payment and costs of suit,” Nyapokoto submitted.

“The respondents have to date not complied with the above judgment. On the contrary, they have launched numerous applications, which have been dismissed with costs, in desperate but futile bid to evade fulfilment of the judgment.”

He said it was not possible that for the past eight years, the respondents had failed to raise the money.

“This is, therefore, an application for an order declaring these respondents to be in contempt of court and that they be logged in the nearest prison for period not exceeding 90 days or until such a time they purge their contempt. I have made out a good case for the sought ,” he submitted.

The respondents are yet to file their opposition papers.

The post Ex-cop sues Mathema, Matanga for contempt of court appeared first on Zimbabwe Situation.

Source: Chinese nationals languish in remand prison over $1,8 million rhino horns – NewsDay Zimbabwe February 23, 2019

By Tinashe Mungazi

THE seven Chinese nationals who were found in possession of 20,89kg semi and processed rhino horns with a street value of $1,8 million were on Tuesday further remanded in custody after the defence requested time to tender an application for discharge.

Zeng Denghui (18), Peicong Wang (35), Lin Cheng (23) Yu Xian (25) Long Zhu (23) Chen Xiangfu (30) and Qiu Jinchang (29) were last December arrested after being found in possession of rhino horns following a raid by authorities at a rented Victoria Falls house.

They appeared before regional magistrate Collet Ncube facing unlawful possession of animal trophies and money-laundering charges before being remanded to February 27 after their lawyers indicated that they wanted to apply for discharge at the close of the State’s case.

“We have been given instructions to make an application for discharge. Our undertaking is to file a written application tomorrow (Wednesday) by close of business. We, therefore,
kindly request the court to allow us time to do so,” defence lawyer Givemore Mviringi of Mviringi and Associates said.

The court heard that on December 22, 2018, detectives from CID Minerals Flora and Fauna unit in Victoria Falls received a tip-off that there were Chinese nationals suspected to
be in possession of pieces of rhino horns at a house in the Aerodrome area.

The following day, armed with a warrant of search and seizure, detectives descended on the house and found the seven inside the house.

After identifying themselves, they requested to search all the rooms through Wang, who was conversant in English.

However, Wang informed the officers that he could not authorise the search as he was not the owner of the house.

The owner, Oscar Sikuka, was called and arrived 10 minutes later. He authorised the search after going through the search warrant.

The search led to the recovery of plastic bags hidden under a bed containing both semi and processed rhino horns, which had been cut into small pieces.

The trial faced initial delays as the courts sought an interpreter.

Martha Cheda represented the State.

The post Chinese nationals languish in remand prison over $1,8 million rhino horns  appeared first on Zimbabwe Situation.

Source: MPs not on the run: MDC – NewsDay Zimbabwe February 23, 2019

BY VENERANDA LANGA

THE MDC yesterday said its MPs Charlton Hwende (Kuwadzana East), Joanah Mamombe (Harare West), and Godfrey Sithole (Chitungwiza North), who have been absent from Parliament, are not on the run and had nothing to do with disturbances last month.

The statement by MDC followed reports that the three had not been attending Parliament due to the clampdown by security agents on opposition supporters and legislators, which saw MPs Amos Chibaya (Mkoba), Settlement Chikwinya (Mbizo), Livingstone Chimina (Chiwundura), Llyod Mukapiko (Redcliff) and Matabeleland North Senator Rosemary Nyathi being arrested and arraigned before the courts for alleged incitation of the fuel protests.

MPs stand to lose their parliamentary seats if they absent themselves for 21 consecutive Parliament sitting days.

MDC spokesperson Jacob Mafume (pictured) said Hwende was not in the country when the January demonstrations took place and was not on the run for any offences.

“Hwende has been out of the country attending to personal issues and family business because his family is in Namibia, and he left the country on December 19, 2018 with a return ticket to Harare for early March and has not been running away from anything,” Mafume said.

“He has seen social media reports alleging that he is on the run, but has not been able to verify that through official channels like Parliament, and he was not even in Harare
during the time of the January disturbances and has nothing to do with the stayaway or what happened in Zimbabwe during his absence.”

Mafume said Mamombe had been out attending educational programmes as she is a post-graduate student and had to travel to attend block release programmes out of the country, which explained her absence in Parliament.

He, however, said he had not yet ascertained the absence of Sithole.

Mafume also blasted Speaker of the National Assembly Jacob Mudenda for failing to defend MPs that were being harassed by State agencies.

“The Speaker must be pro-active in ensuring that MPs are not harassed like the MPs that were arrested, because the world over, MPs never get harassed by other arms of the State without Parliament saying anything.

“In our case, MPs are not only harassed by the Executive, but by the Judiciary. Ironically, MPs are the ones that pass the budget for the other arms of the State. If they are vulnerable, MPs will not be able to play their oversight role properly,” Mafume said.

The post MPs not on the run: MDC appeared first on Zimbabwe Situation.

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