BY VENERANDA LANGA

The Parliamentary Portfolio Committee on Mines has said its investigations on gold leakages, cartels and machete gangs will begin when Parliament resumes sitting next month.

Committee chairperson and Shurugwi North MP, Edmond Mkaratigwa said they will interrogate the shortcomings of the Gold Trade Act.

“In the process, we are also going to look at the players because these gold leakages are probably being caused by cartels in the gold sector and they could also be the ones involved in the MaShurugwi violence that is causing disturbances in the mining sector,” he said.

Mkaratigwa said the cartels were impeding growth and the possibility of the country getting maximum revenues from gold production. He said the inquiry on gold leakages will be done simultaneously with those of the Gold Trade Act.

“We are also going to look at the value proposition of gold (price) because the pricing has been severely affected by black market trading,” he said.

The Mines Portfolio Committee chairperson said gold mining was a problematic area, especially alluvial mining which is dominated by panners with inadequate experience in mining.

“In alluvial mining, there is a gold rush where various people go there and as a result very serious disputes emanate which end up in violent clashes. Basically these are also people who are not registered and they are difficult to trace and there are also a lot of leakages in the sector. Those are issues that Parliament now wants to investigate,” he said.

Before Parliament adjourned in December, the Mines Committee met the Mines and Mining Development ministry officials to unpack the legal framework on the Gold Trade Act.

Mkaratigwa said the committee will also look at the role of Fidelity Printers and Refineries and that of the Gold Mobilisation Unit.

BY JAIROS SAUNYAMA

A 23-YEAR-OLD bogus Marondera tutor, who allegedly sodomised four boys while conducting some extra lessons at his residence, appeared before magistrate Patience Chirimo facing aggravated indecent assault charges.

Tonderai Chipara of Cherutombo high-density suburb allegedly committed the offences between November 2019 and this month. After the abuse, he allegedly gave his victims either money or goodies to buy their silence.

Chipara was remanded in custody and is set to appear for trial on February 10.

According to court papers, in one of the counts, a 14-year old complainant went to the accused’s residence to charge his mobile phone battery and watch movies.

It is alleged that during the process, the accused indecently assaulted him and continued doing so on several days, before buying the victim’s silence with money.

Using the same modus operandi, Chipara allegedly sodomised three more boys who had come for some extra lessons.

The boys were sent to Marondera Provincial Hospital where they were medically examined.

Phyllis Mudekwa represented the State.

BY MOSES MATENGA/VANESSA GONYE

IRRESPONSIBLE behaviour and political pressure to settle people on wetlands have contributed immensely to the pollution of the major source of Harare water, Lake Chivero, thereby affecting the supply chain, mayor Herbert Gomba has said.

Speaking during a wetlands indaba at Town House yesterday, Gomba said it was everyone’s duty to preserve wetlands, adding they were a critical part of the environment.

“They hold and replenish water that is withdrawn through boreholes and wells. Without the swamps or wetlands we cannot survive,” he said.

“Lake Chivero is now heavily polluted largely through human action. It should have been decommissioned a long time ago but we are still using it because there is no other source of water. The problems of water in Harare also stem from the destruction of wetlands through illegal settlements and farming activities.”

“I am urging the politicians to desist from encouraging people to settle on wetlands. It is causing major problems at the lake which will result in less water for the city,” he said.

“Ironically when we tell people to move from the wetlands they come to council and demand that we give them land elsewhere because it is enshrined in the Constitution, yet their actions would have been illegal. They are even supported by human rights groups, yet they are violating our residents’ right to clean and safe water.”

During commemorations to mark World Wetlands Day in Harare on Wednesday, Environment minister Mangaliso Ndlovu told journalists that land barons were responsible for the illegal settlements dotted around the city.

“Infrastructure development through commercial and housing construction projects are the greatest threats in the urban set-up of the country, particularly in Harare and Chitungwiza as they have turned our wetlands into a concrete jungle,” he said.

“If we continue business as usual we will lose our wetlands in urban areas by 2040, impacting on ecological goods and services such as water provisioning in the right quantity and quality.”

Chitungwiza council spokesperson, Lovemore Meya told NewsDay yesterday that they had introduced stringent measures to curb development of human settlements on wetlands.

Wetlands provide livelihoods for more than one billion people worldwide and also provide ecosystem services worth US$47 trillion annually.

BY Alfonce Mbizwo/TATIRA ZWINOIRA

State-owned Zimbabwe Consolidated Diamond Company (ZCDC) has denied that it uses child labour in its mining operations.

In October 2019, the United States barred the trading of rough diamonds from Zimbabwe, accusing the country of using forced labour at its diamond fields in Marange, in the eastern part of the country.

“There has been a lot of speculation in the media. I mean the one which really brought me to tears is that we use child labour and some journalists wrote this in the media last year,” ZCDC acting chief executive officer Roberto De Pretto told editors during a tour of Chiadzwa mine in Marange, yesterday.

“All I could do was laugh because first of all the legislation in the country prohibits slave labour which was abolished way back in the 18th century. So, we are really looking at balance and factual reporting from all of you and we are opening our house today.”

The Forced Labour Division within the United States Customs and Border Protection (CBP) office received information that the diamonds were produced from forced labour, leading to the CBP issuing a withhold release order (WRO).

However, one of the miners, the Chinese-owned Anjin, has since made a return to the Chiadzwa diamond fields.

In e-mailed responses to NewsDay, a CBP spokesperson said the US Customs and Border Protection was bound by Trade Secrets Act and that they were not able to reveal specific details about companies involved, leading to the WRO.

“We can say that there have not been any diamonds from this area imported into the United States since 2015. When investigating allegations of forced labour, CBP reviews all available information. This information can include non-public materials, such as allegations submitted through our online reporting tools by civil society organisations, non-governmental organisations, businesses and industry associations, or others,” the spokesperson said.

“CBP also reviews public facing materials, such as news reporting, published research and governmental reporting. When CBP determines that the information reasonably, but not conclusively, indicates that merchandise within the purview of 19 USC § 1307 is being, or is likely to be, imported into the United States, CBP will issue a withhold release order (WRO) on that class of merchandise.”

The spokesperson added: “As our regulations make clear, a WRO is not a ban. Rather, a WRO allows importers an opportunity to re-export their goods or to provide evidence that their goods are not produced with forced labour.”

Reports that diamonds from the Marange diamond fields, in particular, was coming from forced labour first emerged from Human Rights Watch (HRW) in April 2018.

HRW documented how Zimbabwe’s armed forces had coerced children and adults into carrying out forced labour, tortured and harassed local villagers when they seized control of the diamond fields.

The human rights body also alleged that armed forces personnel also killed in late October 2008 more than 200 people in Chiadzwa, a previously peaceful, but impoverished part of Marange.

Meanwhile, ZCDC says it is targeting to produce 3,2 million carats this year, from 1,6 million carats in 2019 which was the lowest in the miner’s history.

It produced 1,8 million carats in 2017 and 2,8 million carats in 2018.

ZCDC was formed in 2016 after government in February of that year cancelled mining licences for seven miners operating in the area.

BY Richard Muponde

FOUR police officers have been arrested on charges of robbing a Harare man of US$12 000 at gun- point.

The complainant, Albert Mubaiwa was allegedly robbed at his Waterfalls home after the four police and two civilian accomplices, who are still at large, pounced on him on January 23 under the pretext that he was under arrest for illegal possession of Command Agriculture fertiliser.

Constables Milton Murairwa, Chinoda Chinoda, Tichafara Gundani, Dennis Ngirandi all of ZRP Mbare and their accomplices reportedly drove to Mubaiwa’s home using a Mercedes Benz with Botswana registration plates and an unregistered Toyota Wish.

After the robbery, Mubaiwa reported the matter at Waterfalls Police Station under RRB 4288780.

A leaked internal police memo said the six jumped over the precast wall into the complainant’s yard and found Tatenda Magodo and Tafadzwa Mutandwa, who rushed to the main bedroom and locked the door and they called Mubaiwa who rushed home.

“On his arrival, he was approached by the accused persons at the gate. One of the civilians who is only known as Mabhanang’ana drew a CZ pistol at Mubaiwa and informed him that he was going to shoot him if he does something suspicious,” reads the memo.

“Mabhanang’ana introduced himself as a Central Intelligence Organisation member and the other civilian as a military intelligence department member. The four cops were also introduced as CIOs, but all did not produce their identification cards.”

The memo said the six then accused Mubaiwa of illegally possessing a large quantity of Command Agriculture fertiliser.

“He (Mubaiwa) advised them that he had all the relevant papers for the consignment, but they forced him to open the door to where the fertiliser was stored. When they saw the fertiliser they told him that they were not going to consider his papers, but should pay them US$30 000,” the memo read.

“He (Mubaiwa) handed over US$4 500 which was in his (glove compartment) and also phoned his friend, Edmore Chipuriro who gave him US$8 000 and he handed over US$7 500 to Mabhanang’ana and they went away, leaving Mubaiwa and Chipuriro at his vehicle.”

The six drove off in their two getaway vehicles.

Mubaiwa conducted his private investigations and found out that the Mercedes Benz used as a getaway car belonged to Murairwa.

He reportedly later met Mabhanang’ana who told him that he would gather his team and refund him, but only refunded US$50.

Four of the suspects were arrested on Wednesday, but Mabhanang’na and his other co-accused are still at large.

BY EVERSON MUSHAVA

TEACHERS have described the recent decision by the Apex Council to accept a paltry 140% salary hike from government that will result in the least paid government worker getting paid $2 400, as “a great betrayal”.

The educators’ unions, most of whom have distanced themselves from the Apex Council, are clamouring for a US$500 interbank-rated salary for the least-paid civil servant.

But the Apex Council yesterday defended its decision to accept the salary hike, saying it was under pressure from its impoverished membership to accept anything that could alleviate their situation while negotiations for interbank-rated salaries continued.

The Apex Council, the umbrella body of all civil servant worker unions, on Monday accepted a 140% salary hike at a National Joint Negotiating Council meeting in Victoria Falls that ran parallel to an all stakeholders workshop.

In defending the move to accept 140% salary hike, Apex Council spokesperson David Dzatsunga said they accepted the offer as a temporary measure to alleviate the suffering of members while negotiations continue. He said the decision was made in consultation with the Apex Council membership.

“This was so because the Apex Council had pressure from its membership facing real poverty and desperation,” Dzatsunga said. “The agreement that was reached is, therefore, a short-term stop-gap measure while we continue to negotiate for interbank rated salaries which is the only panacea to the restoration of the lost value of wages. Let it be known that Apex Council negotiators are mere instruments of their membership who are the real decision makers.”

But Takavafira Zhou, president of the Progressive Teachers Union of Zimbabwe, whose union pulled out of the Apex Council last year, said the 140% did not address the teachers’ dispute of “right and interest emanating from the unilateral and banditry reduction of teachers’ salaries from an average of US$500 to US$35 by government.”

“Fundamentally, the panacea to our current quagmire is not a salary increase or cushion, but restoration of our purchasing power parity. The 140% does not restore our purchasing power parity,” Zhou said.

“It falls far short of teachers’ minimum expectations and such half-hearted and fire-fighting measures would not capacitate teachers and let alone bring normalcy and meaningful learning and teaching to schools.”

He added: “It is indicative of the great betrayal by the Apex Council for selfish reasons. It confirms our long held view that Apex Council is a moribund body, a group of traitors engaged in fire-fighting and romance on behalf of government.”

He said it would remain a mystery how teachers earning about $2 500 will be able to send their children to boarding schools now charging between $7 000 and $15 000 per term.

Teachers declared incapacitation towards the end of last year to pressure government to hike their salaries which had been reduced to an equivalent of about US$30. Government, however, insisted it does not have money and refused to pay its workers the US$ bank-rated salaries, creating a potential showdown until the Apex Council accepted a 140% pay offer to avert a crippling strike.

BY DESMOND CHINGARANDE

BANKER and lawyer Tawanda Nyambirai has reportedly lost a head of 144 cattle worth $1,3 million after his farm guard fed them on stockfeed laced with a toxic herbicide.

The suspect, Paradzai Kamwaza (18) who was employed at Nyambirai’s Marvel Farm Livestock, yesterday appeared before Harare magistrate Rumbidzai Mugwagwa who remanded him to today for his bail ruling.

According to the court papers, the farm had 544 cattle of various breeds and it is the State’s case that between December 29 and January, Kamwaza and his accomplice Timothy Katsekete, who is still at large, connived to kill the cattle at the farm by poisoning them.

It is alleged that they mixed the stockfeed with a deadly herbicide, resulting in the death of 144 cattle. These were 47 of mixed breed, 21 heifers mixed breed, 46 Brahman heifers, 21 cows mixed breed and nine steers valued at $1 365 000.

The State alleges that on January 28, Kamwaza was found with a container full of Paraquat herbicide by one of the farm managers, Joshua Nyambirai, and was handed over to the police.

Police interrogaged him, but the accused failed to give a satisfactory explanation. After his arrest, he implicated his accomplice.

Samples of carcasses were taken to a government veterinary surgeon and it was discovered that the cattle had been poisoned.

According to the State, 421 other cattle that were exposed to the poison are reportedly in a dire state.

BY DESMOND CHINGARANDE

FORMER Vice-President Phelekezela Mphoko yesterday dumped his lawyer just before commencement of his trial at the Harare Magistrates Courts, forcing postponement of the matter to February 13.

Mphoko, who was previously being represented by advocate Tawanda Zhuwarara, told magistrate Hosea Mujaya that he had now hired advocate Thembi Magwaliba to represent him in the criminal abuse of office trial.

The former Vice-President, who was yesterday represented by Zibusiso Ncube, asked for the postponement of the trial saying Magwaliba needed time to prepare his defence.

But the State opposed the application, saying further delays were inconveniencing witnesses who have been coming to court religiously since the matter was referred to the court for trial.

Mujaya initially suggested that the matter be postponed to February 1 which is a Saturday, but Mphoko’s lawyer protested saying his client could not attend court on a day he is supposed to be in church. Mphoko is a member of the Seventh day Adventist Church.

“We cannot compromise on the issue of Sabbath. Our conditions are that we do not work on Sabbath and on this one we believe in a higher authority,” Ncube said.

Mujaya proposed Sunday, February 2 to have the trial, but again the suggestion faced another challenge.

The magistrate then postponed the matter to February 13, ordering Mphoko’s lawyer to file the defence outline three days before the trial date.

BY BLESSED MHLANGA

MDC leader Nelson Chamisa has come out guns blazing against Sadc, saying the regional bloc had failed to impartially address the legitimacy and governance issues which have pushed over four million Zimbabweans into economic refugees in other countries.

Speaking during a radio interview in South Africa yesterday, Chamisa said he had expressed the opposition party’s unhappiness to the Sadc leadership.

“We are not satisfied with the way Sadc has treated the Zimbabwean matter and we have raised it with them,” Chamisa said.

“We recently held meetings with Sadc. Our issues are well known. We are not happy with their view particularly in defining the crisis in Zimbabwe. I am glad that they understand the position. The position is we have a governance crisis. They think the crisis is an economic one.”

He said the problem with Sadc was made bigger because President Emmerson Mnangagwa chaired the critical Organ of Politics and Security, thereby compromising efforts to settle the Zimbabwean crisis.

“The problem within Sadc is one of the key organs is chaired by Zimbabwe. So it then becomes a bit of a problem to have that matter dealt with or sorted even in the context of AU,” Chamisa said.

“But we will continue to encourage (South African) President (Cyril) Ramaphosa (pictured) at the ANC and country level to make the necessary steps to help us Zimbabweans to find solutions.”

The MDC leader is currently in South Africa to engage the ruling African National Congress and other civic organisations to help push Mnangagwa into dialogue with his party that could result in major electoral and political reforms ahead of the 2023 general elections.

He said the army and the civilians should have a peace pact.

“We have always said as part of the dialoguing process we need to have some kind of a civilian-military peace pact, where we agree on the parameters because now it’s a big issue. That’s why I have called on the military to be part of the discussion in Zimbabwe,” Chamisa said.

Sadc has backed Mnangagwa’s government and has refused to put Zimbabwe on the agenda saying there is no crisis in the country.

The regional bloc’s executive secretary Stergomena Tax, has led Sadc in lobbying the West to unconditionally lift sanctions against Zimbabwe saying they were affecting ordinary people.

But the West has insisted on political and economic reforms from the Mnangagwa regime.

BY CHARLES LAITON

HIGH Court judge Justice Pisirayi Kwenda yesterday expressed anger over the manner Vice-President Constantino Chiwenga’s lawyers, have been advising their client in the on-going divorce matter which is before the courts.

Justice Kwenda made the remarks while presiding over a matter in which Prosecutor-General (PG) Kumbirai Hodzi’s office approached the High Court with a bail variation application, seeking to compel Chiwenga’s estranged wife, Marry to surrender her second passport and to provide an alternative place of residence.

This was after Marry had been denied access to her matrimonial Borrowdale Brooke home by
soldiers deployed by the Vice-President.

But, as the matter was being heard, State representative Sharon Fero, who was being assisted by Albert Masamha, submitted to the court that Chiwenga’s lawyer Wilson Manase had confirmed that Marry’s second passport was at the VP’s office.

Marry’s lawyer, Beatrice Mtetwa, chipped in and told the court that in fact, Manase had “attempted to hand over the passport to her client (Marry) through the back door despite the fact that he (Manase)
had been protesting that his client (the VP) did not have it”.

Justice Kwenda then interjected saying he was frustrated by the manner Chiwenga’s lawyer was advising his client, adding his conduct was not consistent with a seasoned lawyer.

“His (Manase) conduct is not consistent with that of a seasoned legal practitioner. He detained this court well knowing the position of the passport… he is an officer of the court and is supposed to assist and give guidance to the court,” Justice Kwenda said.

“My complaint is about the lawyer failing to advice the client properly. It is not about the complainant (Chiwenga).”

On January 29, Manase also wrote to Mtetwa denying any knowledge of Marry’s second passport, which denial the court said was regrettable.

Part of the letter from Manase and Manase’s law firm addressed to Mtetwa read: “Please be advised that our client is not a party to the pleadings before the bail court and any attempts to draw us into the mud fight are taken with great exception. With respect, this attempt to self-create a set of facts to justify your intended course of action is futile in the circumstances. Surely your client is the custodian of all her passports. The same way she surrendered one of the passports is the same way she must surrender the remaining passport she has always been in custody of her documents…”

After submissions from both the State and Marry’s lawyer, the parties agreed that Marry will be temporarily staying at her mother’s address in Glen Lorne and judgment in the bail variation matter will be delivered on Tuesday next week.