By Desmond Chingarande

Deputy chief magistrate Munamato Mutevedzi yesterday dismissed an application for exception of charges filed by the former Tourism minister Priscah Mupfumira, who is facing a criminal abuse of office charge.

In dismissing the application, Mutevedzi said the State clearly framed the facts of the allegations as opposed to the defence’s claim.

Mupfumira’s trial was expected to resume yesterday. She is jointly charged with former permanent secretary Ngoni Masoka, who also had his application for exception dismissed.

The former minister had challenged the framing of the charge, arguing that it did not disclose an offence.

She said there were serious flaws in the manner in which the charge was couched.

Mupfumira said the charge did not set out what her duties were in respect of the acquisition of loans by the ministry and do not state what the permanent secretary’s duties were in respect of the same charge.

“There can be, therefore, no favouritism where the motor vehicle in issue was her entitlement in terms of her condition of service,” she submitted.

Mupfumira said no offence had been disclosed where an alleged misrepresentation is made to a third party, who is not the principal, and in this offence, the definition of principal does not include CMED.

Mupfumira said she wanted the charge against her to be quashed and set aside since the charge could not be sustained.

But the State, represented by Clement Chimbari, opposed the application, saying Mupfumira had a case to answer and the charge was clearly stated in the outline.

Chimbari said the insinuation by the defence that the charge was not clear was an attack to their work as the State.

He said the fact that the charge enabled them to craft a defence outline for the accused meant the charge was clearly crafted.

The prosecution said further particulars were supplied at their request, meaning they want to challenge the charge on facts displayed on the charge sheet.

Mupfumira also faces another charge of using ministry funds to sponsor people who attended her daughter’s wedding in Cape Town, South Africa.

BY SILAS NKALA

A SAFARI and mining firm running the Mujingwe Conservancy in Mwenezi has taken President Emmerson Mnangagwa, Defence Forces Commander, Philip Velario Sibanda, Defence minister Oppah Muchinguri and 12 others to court over the deployment of soldiers into the conservancy.

Apatron Mining (Pvt) Ltd, through Ncube and Partners, filed an application for declaratur at the Bulawayo High Court on January 29.

The application cited Mnangagwa, Sibanda, Muchinguri, Macduff Madega — the Sheriff of Zimbabwe, Tonderai Tsunga — additional Sheriff Masvingo province, Joseph Kudumba, Elliot Muswita, Finger Tapera, Headman Mhizha, Peter Mudhumo, Rafael Shoko, Solomon Ndlovu, Haigwari Safari (Pvt) Ltd, director for Zimbabwe Parks and Wildlife Management Authority (ZimParks) and Environment minister Mangaliso Ndlovu as respondents.

In his founding affidavit, Vusumuzi Osfael Mazibuko submitted that he was the managing director of Apatron Mining (Pvt) Ltd.

“This is an application to declare unconstitutional and unlawful, the entry into and continuing presence of armed soldiers at Mujingwe Conservancy Mwenezi. Consequential relief is sought to the effect that the soldiers be ordered to vacate the conservancy,” Mazibuko
submitted.

“The factual background is that on October 11, 2016, the applicant received an offer letter to enter into a joint venture management of Mujingwe Conservancy with the Zimbabwe Parks and Wildlife Management Authority. The offer letter was signed by the board chairman on October 11 and by the permanent secretary on October 12, 2016. It was, thereafter, approved by the 15th respondent (Environment minister).”

He said on October 12, he received a letter from the ZimParks commercial director, indicating that the partnership agreement was being drafted and would be forwarded in due course.

“Meanwhile, we moved onto the site and commenced work as per the agreement of the parties. The joint venture agreement was for a period of 25 years running from 2017 to 2043. This, therefore, means that the joint venture agreement is still extant. On July 28, 2019, the sixth to 13th respondents obtained an order in default against a non-existent entity known as Vusimuzi Masibuko trading as Apatron Mining Fort Rixon. As is evident from the face of the order, the applicant was never a party to those proceedings.”

He said, however, that order was used to issue a writ of his ejection from the conservancy.

“The applicant was ejected from the conservancy on December 11, 2019. When executing his duties, the fifth respondent (Tonderai Tsunga additional Sheriff Masvingo province) enlisted the services of 10 soldiers, five (of them) were armed with AK-47 rifles. The soldiers wreaked havoc and damaged property. The applicant instructed legal practitioners to lodge a complaint with fourth respondent (Madega, the Sheriff of Zimbabwe), which was copied to the secretary of the Law Society of Zimbabwe and to the respondents and their lawyers.

Mazibuko said on December 23, he went to the conservancy, where he saw an armed soldier who told him that his other four colleagues were patrolling the conservancy.

He said his lawyers again wrote to (the Sheriff) asking for a response to their previous letter.

He added that their letter also indicated that two civilian members of the community had been shot by the soldiers, but the Sheriff did not respond.

Mazibuko said despite complaints to the authorities, the soldiers have remained put in the conservancy.

He said his interests and rights to the occupation of the conservancy had been grossly violated.

The respondents are yet to file their response to the application.

BY TERRY MADYAUTA

FC PLATINUM coach Hendrikus Pieter de Jongh says he intends to sharpen his attacking department by adding three strikers in the coming few days with TelOne sharp shooter King Nadolo heavily tipped to join the club.

The Dutchman is on the hunt for lethal forwards after a poor performance in the Caf Champions League campaign where they finished bottom of their group with one point and two goals.

While the Zvishavane-based team has been dominant in the local league, it has been badly exposed in the Champions League, where it failed to go beyond the group stage in the last two campaigns.

Their latest campaign was the most disappointing, having managed to find the nets just twice in six matches.

Strikers Perfect Chikwende, Albert Eonde, Gift Mbweti and Lameck Nhamo were virtually in no show throughout the entire campaign for FC Platinum, and contributed zero goals between them.

The Dutchman, who was in charge of the team’s last two group matches, has red-flagged the forward department as the area that needs urgent reconstruction if the team is to entertain any hopes of making an impact in the Africa safari.

“In the next 10 days, we will have three new players as we prepare for the league. We stay in Zimbabwe so will take the quality available here,” de Jongh said.

He refused to reveal the names of his targets perhaps for fear of jeopardising the negotiations, but stressed that they were targeting locals.

Sources close to the camp revealed that Nadolo was high on the team’s wish list.

Nadolo made an instant impact after joining relegated TelOne midway in the season last year, scoring 12 goals, which were, however, not enough to save the team.

His performance was enough though for him to be voted as one of the eleven finalists for the Soccer Star of the Year award.

Inevitably, a number of league teams are tracking the forward, who has said he will not go down with TelOne.

FC Platinum have already signed former Triangle captain Ralph Kawondera who was, however, not eligible to play for them in the Champions League.

But other new arrivals Stanley Ngala, Last Jesi and Nomore Chinyerere featured for the club.

Former Highlanders star Denzel Khumalo, Donald Dzvinyai and Godswill Gwara have also joined FC Platinum who are preparing to defend the league title.

They will also play in this year’s Caf Champions League which begins in August.

BY CHARLES LAITON

High Court judge Justice Pisirayi Kwenda has altered Marry Chiwenga’s bail conditions by ordering that she resides at number 64 Folyjon Crescent, Glen Lorne, Harare, until finalisation of a case where she is being charged for attempted murder.

The judge also ordered Marry to surrender her second passport to the Clerk of Court after her husband, Vice-President Constantino Chiwenga, admitted through his lawyer that he was in possession of the travel
document.

In his findings following an application for bail variation that was made by Prosecutor-General (PG) Kumbirai Hodzi’s office, Justice Kwenda said when Marry was initially ordered to stay at the matrimonial home being number 614 Nick Price Drive, Borrowdale Brooke, it had not been brought to the attention of all the parties concerned that Chiwenga had returned to stay at his home.

“I am satisfied that the facts placed before me by the State are new and were not before me at the initial bail hearing. Firstly, the respondent (Marry) did not disclose her second passport to me. I was unaware of the fact of its existence. Secondly, the fact that the respondent’s husband (Chiwenga) had returned to the matrimonial home when the respondent was remanded in custody was unknown to both the respondent and the State. I did not become aware of that fact as well at the initial hearing,” he
said.

“I only became aware through this application. I would not have allowed a situation where the parties live under the same roof and expect them to peacefully co-exist under one roof, especially considering that there is a pending attempted murder charge against the respondent. I, therefore, find that it is in the interest of justice to vary the accused person’s residence on the two bail orders under the circumstances.”

Marry and Chiwenga have had some differences since December 2019 when the VP filed for divorce, accusing Marry of having attempted to end his life in order to take over his wealth.

But last week, when Marry was arrested for a second time on allegations of assaulting her maid, one Delight Munyoro, the former model told the court through her lawyer Beatrice Mtetwa that the former army general had found new love, hence he was treating her that way.

“… So to then allege that there was violence again goes to the very perception that your worship should seek to put paid to that these courts are being used to fight personal battles between a powerful politician and a wife, who is being discarded for a newer model in town …,” Mtetwa said, urging the court to grant Marry bail.
Marry’s bail appeal is set to be heard tomorrow.

By Rex Mphisa

A SENIOR official at Beitbridge Municipality has been accused of receiving property worth $14 850 stolen from a project that is under his department.

Town engineer Douglas Siphuma (49), who recently appeared before provincial magistrate Perseverence Makala and was remanded to February 12 on free bail, allegedly failed to account for 27 rolls of razor wire positively identified by security officials from his workplace as belonging to Beitbridge Municipality.

Allegations are that between April 2019 and January 2020, Siphuma received the razor wire stolen from the town’s sewer ponds.

During the same period, numerous reports of theft of municipal razor wire were made to his employer, where he is part of top management.

On January 8 this year, his subordinates employed in the security section were on patrol when they found him in possession of the wire, which he failed to account for.

Municipal police officers informed the Zimbabwe Republic Police, resulting in Siphuma’s
arrest.

Siphuma, represented by Jabulani Mzinyathi, was not asked to plead.

Meanwhile, Beitbridge residents are puzzled why Siphuma is still at work when as a public worker he is supposed to be suspended until his case is concluded.

“It is common sense he should leave his office until his case is concluded because if he is convicted he will be doing more harm,” one Beitbridge resident said.

BY PRECIOUS CHIDA

MISS Ireland International (2019) Blessing Mutamba (pictured) yesterday said the country provided limited opportunities for young people despite their high educational qualifications and literacy levels, so there was need to amplify their achievements.

The Mutare-born beauty queen said she embarked on her homecoming tour to explore prospects to work with the local business community and young people seeking opportunities.

Mutamba, who arrived in the country on January 30, told NewsDay Life & Style that Zimbabwe needed to celebrate the achievements of young people which could help in inspiring others.

“I feel we are lacking as Zimbabweans in celebrating the achievements of young people. Sometimes it is very easy to forget that Zimbabwe is one of the most educated nations, not just in Africa but the whole world. We have the highest literacy rate and people are resourceful and we thrive as a nation no matter what gets thrown at us,” she said.

“However we forget to celebrate and embrace that and encourage our young people to always keep working harder and keep shining, hence we are not amplifying their achievements wild enough to make sure that other young people pay attention. As a result, their accomplishments are easily forgotten.”

The beauty queen has since hosted modelling masterclasses with both established and aspiring models in Victoria Falls and Mutare. She will be in Harare today.

Mutamba, who also took time to visit high schools in Mutare including her former school, Hillcrest said although the experience had been nerve-wracking, she was happy that the tour gave her an opportunity to contribute to the growth of other people in society.

“My experience so far has been nerve-wracking because you always have one chance to make a good first impression. However it has been fulfilling because I didn’t realise how much my words or actions would impact other people. I didn’t think people would pay so much attention to me, so I am happy that I am one of the few people who are contributing something that can change other people’s lives,” she said.

The model said the tour had given her a huge task going forward as she has to present herself in a way that will inspire other people since she is a strong believer in practising what she preaches.

Mutamba said her passion for her country has compelled her to consider making positive contributions to its development, and she was both excited and overwhelmed by the journey she has embarked on.

She is expected to leave Zimbabwe on February 12.

BY HARRIET CHIKANDIWA

The Postal and Regulatory Authority of Zimbabwe (Potraz) has warned of stiffer penalties on mobile network operators who increased tariffs without approval from the regulator.

This follows an outcry from consumers after some mobile network operators announced an adjustment to their promotions that have affected their charges.

Potraz director-general Gift Machengete yesterday said mobile network operators will be dealt with if they go ahead to increase tariffs without approval.

“We have not authorised any tariff increase and if, at all, they are increasing above their threshold, we will penalise them for such a move. There are no approved increases so far. We have requested the mobile networks to submit information pertaining to their costs for us to feed the information into the TPI, which then informs us if there is any need for tariff increase. Our decisions must be informed by facts,” Machengete said.

He said while consumers must expect an increase within network providers’ promotions, there was no general increment in tariffs above what was approved last year.

Machengete said Potraz was urging mobile network providers to submit their cost structures to justify their demand for tariff increases.

He said service providers have cut down some promotions which they were offering to their clients in order to be competitive which resulted in adjustments.

Service providers have been battling to convince the regulator to approve tariff increases without success with Potraz insisting on charges that are friendly to the consumers.

Last year, the regulator only approved three tariff increases with the last increase issued through regulatory notice circular number 3 of 2019 in August 2019, where mobile tariffs were reviewed by a telecommunications price index.

Meanwhile, Potraz will from today hold its inaugural Hackathon in Kadoma under the theme #Hack4SmartSustainableCities.

In a statement, Potraz said participants for the hackathon have been drawn from nine local universities with each nominating a team of three students, who will represent them in the hackathon competition.

The hackathon concept has been adopted in line with the recommendations of the report prepared by the Zimbabwe delegation to the World Summit on the Information Society Forum 2019.

Hackathon comes from blending the words marathon and hack, where marathon refers to performing a long or difficult activity in a short period, and hack, refers to exploratory computer programming. During a hackathon, participants spend a short period of time, usually between 24-48 hours, building, creating and delivering an information communication solution to a specified problem.