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ED’s top aide thrown under the bus

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BY DESMOND CHINGARANDE

FORMER State House principal director Douglas Tapfuma has implicated Deputy Chief Secretary to the President and Cabinet Ray Ndhlukula (pictured) in the case in which he is accused of importing his personal vehicles in the name of the Office of President.

Tapfuma’s lawyer Brighton Pabwe yesterday told regional magistrate Estere Chivasa that Ndhlukula should be regarded as an accomplice and not a witness as all the documents implicating his client were signed by him.

While being cross-examined by Pabwe, Ndhlukula, a top aide in President Emmerson Mnangagwa’s office said he exercised caution when he signed for the duty-free certificates as he believed that Tapfuma was honest as required by his office.

“I have been working for the President’s Office for the past 37 years and my professionalism is not questionable. When I received those documents with requests for a duty-free certificate, I had to trust him as his office of principal director requires honesty,” Ndhlukula said.

Ndhlukula said in his 17 years at the Office of the President and Cabinet, they did not import vehicles such as Honda Fit for use at State House. He said on this occasion he did not know if the vehicles requested would be used at State House but had to believe Tapfuma.

“When you signed the documents, you knew who the importer was and you are also complicity in the matter. You are supposed to be in the dock. For the past 17 years, you should have known that personal vehicles are not given duty-free certificates as with the case for Tapfuma,” Pabwe said.

But Ndhlukula said Tapfuma misrepresented to him and said if he knew they were personal vehicles he could not have signed for duty-free certificates.

Ndhlukula said had he been abusing his position as Deputy Chief Secretary, he could have imported over 200 personal vehicles using duty-free certificates.

Allegations are that in April 2018, Tapfuma facilitated the clearing of his two personal vehicles at Beitbridge using report order forms as if they were government vehicles.

The vehicles were handed over to Vongaishe Mupereri who at that time was MP for Mbizo.

Clement Chimbari appeared for the State.
The matter continues today.

New political outfit promises democracy for all

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Leader of the newly established political party, Ideas Party of Democracy Herbert Chamuka says his main aim is to fight for democracy in the country and not specifically fight Zanu PF leader Emmerson Mnangagwa.

Chamuka comes from the same Zvishavane district as Mnangagwa and this gave rise to speculation that he could be specifically motivated to fight against him.

However in an interview, Chamuka said his party is not driven by narrow individual interests but a broader national vision for development.

“Our main aim is to rebuild the country. Zanu PF has failed to develop the country and it is known mainly for violating citizens’ rights as evidenced by its long history of abductions. It’s the most undemocratic party you can find anywhere on earth. So when we win the election in 2023, our first task is to rebuild the country and ensure that industry is revived because the productive sector is a key economic driver.”

“We started forming this party when the late former President Mugabe was still alive, and for people to now say I am plotting against President Mnangagwa because we come from the same area it’s a lie. Zanu PF must not victimize me because we are homeboys with Mnangagwa, I don’t expect to be followed and harassed by the central intelligence officers (CIO)” he said

“It’s true that I might hail from the same village with Mnangagwa, but I want to assure Zimbabweans that I am very different from him, I differ with him in every aspect. Zimbabweans must dissociate my persona from that of Mnangagwa.

Speaking on the current economic decay, Chamuka says Zanu PF must work towards resuscitating the economy and not blame Nelson Chamisa led MDC on everything.

“Zanu PF MPs must start working and not always blaming the MDC whilst their hands are folded, the economy is in their hands and they must do something to improve it. In November 2017 they all focused on removing President Mugabe whilst the Reserve Bank of the country was being looted, can we blame MDC for that?” he said

“We are a joyful party that guarantees every citizen their freedom, peace and development. So far we have lined up projects that will see Zimbabwean people being assisted to curb the threatening poverty” he said

Mothers relieved by life-saving interventions for children in Zimbabwe

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by Farai Mutsaka

Harare, Zimbabwe – Sitting on her mother’s lap, 10-month-old Tanaka fidgeted and shrugged off attempts by the nutritionist to feed her another serving of therapeutic food at Edith Opperman Maternity Hospital in Zimbabwe’s capital, Harare.

“She clearly has had enough for now,” said the nutritionist, Ivy Muchenje, to the baby’s mother.

“You can give her some more when you get home,” she added, before handing the mother the unfinished sachet and 6 more to last the week, as well as instructions on how best to feed the baby.

Tanaka is one those benefitting from UNICEF Zimbabwe’s support for life-saving and preventative treatment to over 650,000 children and women who are at risk of malnutrition. With assistance from the UN Central Emergency Response Fund (CERF and UK Aid, the programme is supplying therapeutic food-RUTF), micro-nutrients and vitamin A supplementation.

Baby Tanaka during a routine check-up. Nurses at the UNICEF supported clinic use the the routine check-ups to screen babies for malnutrition.

This is one of several interventions by UNICEF Zimbabwe that include incentivising health workers to continue reporting for duty and helping them to screen children for malnutrition, as well as provide education to mothers on nutrition-related issues.

The interventions have become life-saving in Zimbabwe, where children are one of the populations most affected by food insecurity and other care practices negatively impacted by the region’s worst drought in decades and deepening economic problems. Severely malnourished children are at a high risk of death and timely interventions are critical to save their lives.

Nearly 1 in 3 children under five are suffering from malnutrition, while 93 per cent of children between 6 months and 2 years of age are not consuming the minimum acceptable diet and cases of Pellagra, a deadly disease linked to micro-nutrient deficiencies are also on the increase.

Mothers whose children are benefitting from the intervention say they are hopeful of their children’s future again.

“Plumpy nut (therapeutic food) is helping a lot with her appetite. Her weight was very low but she has been gaining a lot since the nurses asked us to give her plumpy nut,” said Tanaka s’s mother, Rutendo, stuffing the sachets in her handbag.

UNICEF Zimbabwe/2020/Aaron Ufumeli
Tanaka being weighed and monitored by a nurse.

At 5 months old, Tanaka weighed 6kgs before being put on the supplements programme, she said.

“Now she is picking up bit by bit, at 10 months she is at 7.7 kgs but the nurses said the target is 8.1kgs. I think we will achieve it,” she added.

The hospital was a hive of activity. About a dozen women holding their babies sat on a bench in a crowded corridor waiting for their turn for Prevention of mother-to-child transmission of HIV services. Across, in the maternity block, pregnant women trooped in holding bags with baby clothes.

The hospital attends to more than 250 children a day for growth monitoring, immunisation and assessing malnourishment, said Phyllis Bangano, the nurse-in-charge.

All this would not have been possible only a few weeks ago. In early November last year, the hospital, located in the city’s populous and oldest suburb of Mbare, shut its doors to patients after nurses claimed they could not afford to report to work due to economic challenges.

Council-run health facilities are a key pillar of the health system of the city, which has a population of at least 2 million people, according to government figures.

Mothers with children in dire need of services such as the nutrition programme were left stranded after the closure of council health facilities at a time when doctors at government hospitals were also on strike.

For pregnant women, giving birth came with grave risks as the previously unthinkable home births by untrained midwives became the next available option.
With the salary dispute continuing, UNICEF Zimbabwe stepped in to provide transport incentives for the nurses to return to work in December.

The intervention resulted in the therapeutic feeding programme getting back on track. The programme is being rolled out in other council health facilities as demand increases due to the twin problem of drought and a deteriorating economy.

Screening critical to picking up malnutrition

At Rutsanana Polyclinic in Glen Norah suburb in Harare, a screening process during regular baby growth monitoring check-ups supported by UNICEF is assisting nurses identify children suffering from malnutrition.

On a recent day, mothers and their babies waited in line on a wooden bench in the tiny weighing room. Some chatted excitedly about their babies and chuckled each time loud cries emerged from the nearby maternity ward. Charts on nutrition and posters on waterborne diseases hung on the walls and mothers were encouraged to read and write the information down.

Two nurses screened children for malnutrition. One child was put into a weighing bag and one of the nurses measured his height. The other nurse took over at the salter scale. After noting the measurements, the nurses looked at each other, and then at the mother while shaking their heads – clearly concerned for the child’s welbeing.

“We have to put him into the IMAM (Integrated management of acute malnutrition) programme right away,” said nurse-in-charge Sibongile Muzira.

The infant, 4-month-old Anesu, was born underweight at 2.2 kgs.

“It would have been alright if the mother had enough breastmilk to feed the baby,” said Muzira. “But because of the economic situation in Zimbabwe, the mother is not getting enough food to produce enough milk. The baby is now 4 months old at 4 kg. That is severely underweight for a child that age. Ideally, the baby should be above 5kg,” she said.

The baby’s parents talked of a dire food situation back at home.

“Food is a big problem, there are no jobs and money is just difficult to come by,” said Tinashe, sitting next to his wife in a room where the nurses were counselling them on nutrition issues. The father of three said he is unemployed and makes about US$30 a month doing part time jobs such as brick moulding.

The family usually has two meals a day: sadza (thick maize porridge) and vegetables in the morning and evening. Ingredients such as tomatoes, onions and adequate cooking oil are a luxury, said his wife Marita. “We sacrifice on some food items to pay school fees for the other two children,” she said.

“They are only getting carbohydrates and maybe a bit of Vitamin A. They can’t afford a balanced diet,” said Muzira, the nurse-in-charge.

As the problem spirals amid signs of food and economic problems further deteriorating during this lean agricultural season, more support is needed, said Mathieu Joyeux, the UNICEF Zimbabwe Nutrition Manager.

The encouraging situation at Edith Opperman Maternity Hospital shows how more support can help save lives, he said.

“Very soon we will be launching a humanitarian appeal as the U.N to call for more resources. In this situation where there is high inflation we need to get the nurses back at work, the doctors back at work, the volunteers doing their work and the children receiving the food and care they need. This costs money,” said Joyeux.

UNICEF Zimbabwe/2020/Aaron Ufumeli
Tanaka’s mother is grateful that UNICEF Zimbabwe intervented following a significant change in her baby’s health

Despite the need for more support, nurses at the hospital said they are grateful that the situation has significantly improved due to the intervention by UNICEF Zimbabwe.

“We are almost there. In December we had 445 (maternity) deliveries, we have 71 so far in January. That’s about our normal trend. The supplementary feeding programme is on full throttle,” said Bangano, the nurse-in-charge.

But none is happier about the UNICEF Zimbabwe intervention than Tanaka’s mother, who once worried about her now healthier looking baby.

“Imagine if the hospital was still closed and Tanaka not able to get this help… I am so relieved,” she said.

Army camp commander faces fraud charge

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BY DESMOND CHINGARANDE/HARRIET CHIKANDIWA

Defence ministry camp commander Laxwell Ngara yesterday appeared in court facing fraud charges after he allegedly produced fake documents claiming $306 135 as payment for cleaning services rendered to the ministry by Maids on Wheels (Pvt) Limited.

Ngara (51), who appeared before Harare magistrate Hosea Mujaya, was granted $1 500 bail.

The camp commander, who was responsible for supervising contractors and the upkeep of Defence House, is the fourth official from the Defence ministry to be arraigned before the courts after Peter Muchakazi, Kunofiwa Mervyn Madondo and Simbarashe Zvineyi appeared in the dock on similar charges.

Allegations are that between March and June 2019, Ngara connived with Danison Muvandi, who is on the run, Muchakazi and Madondo, who are on remand, and misrepresented to their superiors that the Defence ministry had received cleaning services from Maids on Wheels.

The State alleges the trio sourced five fake invoices valued at $306 135 and originated minutes dated June 19, 2019 addressed to the director of finance and human resources, Muvandi, who is the owner and signatory to the Maids on Wheels account.

The accused persons then allegedly attached the five invoices to the minutes with instructions for payment without attaching the required award-of-tender letter specifying the job done and signed by the chairperson of the procurement management unit.

It is alleged on June 20, 2019, the trio reportedly posted the payment request to the chief accountant, who released the funds into Maids on Wheels’ bank account.

Investigations revealed that no requisition was raised by the procurement management unit for cleaning services and there was no tender awarded to Maids on Wheels.

Meanwhile, former Zimbabwe Parks and Wildlife Management Authority (ZimParks) board vice-chair Idah Mupamhanga, who is facing criminal abuse of office charges, was yesterday further remanded to March 4 after the State indicated that it was waiting for the docket to be completed.

State representative Charles Muchemwa told the court that they would be in a position to provide a trial date for Mupamhanga by March 4.

Mupamhanga, who appeared before magistrate Mujaya, was represented by Brighton Pabwe of Samkange and Venturas Legal Practitioners.

Allegations are that on June 21, 2016, ZimParks, through its then commercial services director Tarisai Musonza, wrote to Mabalengwe Safaris, represented by Rodgers Madanhure, advising them not to renew their lease agreement for Matetsi Unit 1 — a hunting concession in Victoria Falls — which was expiring at the end of that year.

It is alleged that Mupamhanga, without a board resolution, unlawfully instructed the ZimParks legal department to prepare a memorandum of agreement leasing Matetsi Unit 1.

Upon receipt of the money, she allegedly concealed the transaction from the ZimParks board and transferred the money from her bank account into ZimParks’ account without disclosing the nature of the transaction.

It is alleged that in January 2017, Mupamhanga entered into another memorandum of agreement to lease 19 Zambezi Lodges to Adage of Success (Pvt) Ltd without the knowledge of the board.
She cited under-utilisation by ZimParks.

The court heard that in the same year, Mupamhanga called for a meeting which was attended by senior ecologist Roselyn Mandisodza and the then acting director-general Godfrey Matipano and told them that she wanted to venture into gold exploration inside protected areas to fund wildlife conservation.

Without the knowledge of the board, Mupamhanga allegedly instructed Mandisodza to get a quotation for a metal detector and the ecologist obtained a quotation and proforma invoice of $11 000 from Excelight Investment.

Amending Constitution will create dictatorship: Veritas

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BY VENERANDA LANGA

LEGAL think-tank Veritas has warned that amending the Constitution to give more powers to the President will put the country at risk of creating a dictatorship.

In their latest Bill Watch publication this week on The Constitution of Zimbabwe Amendment (No 2) Bill, which was gazetted on December 31, 2019 and is likely to be brought before Parliament in March or April given the 90-day notice period required by the law, Veritas said the President already had extensive powers which did not need further reinforcement.

One of the contentious provisions in the proposed Constitution amendment is an amendment of Chapter 5, which allows presidential candidates to nominate two vice-presidential candidates and for all candidates to be elected together in the same election.

It allows that in the event of the President ceasing to hold office before the end of his or her term, the first VP takes over as President for the remainder of the President’s term, and these provisions were to be implemented in 2023.

But the Bill to amend the Constitution proposes to replace the provision for elected VPs with a new one under which only the President will be elected; he appoints two VPs, and the VPs will hold office until the President removes them from office.

“The President has wide powers under the Constitution as it is, and when exercising many of them he can use his personal discretion without having to accept the advice of his Cabinet. This is particularly so when he appoints people to posts and offices under the Constitution or any other law,” Veritas said.

“Amending the Constitution to give the President even more powers or to expand the role of the President’s Office risks putting Zimbabwe on the road to a dictatorship.”

Other than creating a dictatorship, Veritas said the Bill also sought to clip Parliament’s oversight on foreign agreements that have fiscal obligations.

“If the Bill is passed by Parliament, it will make a large number of wide-ranging amendments to the Constitution, many of them minor but some very important indeed: for example, one of them will materially limit Parliament’s oversight of foreign agreements that impose fiscal obligations on Zimbabwe,” the legal think-tank said.

If the Bill makes it to Parliament and is passed, it will be the second time that the country’s Constitution has been amended, only six years after its enactment in 2013.

“Formulating the Constitution took five years of wide public consultation, political bargaining and entailed considerable public expense. Zimbabweans are proud of our new Constitution and it was acclaimed internationally. We should not amend it now unless it is absolutely necessary to do so. The Constitution is the supreme law and must not be tinkered with,” Veritas said.

Zim hip-hop must seize 2020

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Ti Gonzi

Ti Gonzi

SOUNDTRACK: Ronald Magweta

THERE is no doubt that the year 2019 was a big year for the hip-hop genre in Zimbabwe.

Zim hip-hop artistes went from topping radio charts to dominating regional music television chart shows.

The year can be remembered as one when Ti Gonzi rose to his prime.

His verse on Ishan’s Kure made him the most sought-after hip-hop artiste in the country and he went on to do more than 25 collaborations throughout.

The rapper attracted new fans who had never been or were not hip-hop fans because of his musical appeal to the average youth in the ghetto.

His collaborations with Zimdancehall acts also cemented his position as one of the best artistes for 2019.

The year 2019 also saw Hillzy, one of the most talented hip-hop and RnB artistes top regional music chart-shows on television channels like Trace Africa and also being playlisted on Channel O.

The Muroora singer also won a top African award (AFRIMMA) for his song, TV Room, which he featured together with super-talented artiste, Garry Mapanzure.

King 98 dropped monster tracks and featured some of the top African artistes like Nigeria’s Davido and South Africa’s Nasty C on his maiden album, Francesca, and his hard work was rewarded through the awards he scooped.

Artistes like Asaph also had their fair share of brilliance when they dropped their projects and won awards.

However, there is one problem that has hindered progress or growth of the hip-hop genre and that is consistency.

Over the years, we have seen hip-hop artistes come and go. Some have topped radio charts and dropped monster tracks that would have made them untouchable, but they have all ended up sinking into oblivion.

Others have come with very promising careers, but after releasing only one hit song, you never hear of them again.

Just like any other genres which lack consistency, Zim hip-hop as a whole lacks consistency from music/video releases, award shows and even the media that push their works seem to lack consistency when it comes to promoting the genre.

We have had “old school” artistes such as Tehn Diamond, Jnr Brown, Tatea Da MC, mUnetsi and Maskiri, who could have changed the game for good, but what did they do?

They got a few airplay slots, signed a few corporate deals and now no one talks about them anymore unless it is a debate on who was or is the greatest MC or whatever they will be ranting about on social media.

New school artistes also seem to have contracted the “lack of consistency” virus from their predecessors.

When Takura came onto the scene, everyone was in awe, and people thought that they had found an artiste who would terrorise Africa because of his versatility, but one year on, people are now starting to enjoy his Instagram posts and stories more than his music.

I am not saying all these artistes are bad, but they are depriving us of the good music that they used to release, and thus they are lacking consistency.

The same also applies to the award shows. We have seen artistes do well throughout 365 days and be nominated for five or so awards, for instance, and you see them walking out with none.

This can also be linked to the issue of consistency among the hip-hop circles or maybe it is the decisions made by the adjudicators.

We have also seen artistes win awards and the next thing, they are nowhere to be found and some of them will be hiding under the “we are doing music for pleasure” and you will start to wonder where the industry is going.

Zim hip-hop bloggers, media and “touts” are also in the mix as they have also failed to properly push the culture.

We have seen some of them come and go as the artistes they will be pushing also fade.

These are people who are supposed to convince everyone that the genre is still alive and kicking, even though sometimes there will be nothing to talk about.

If one cannot be consistent, they can at least stay relevant so that people have something to talk about.

It is not a bad thing to be the most vocal on social media like what others are doing, at least the day you will decide to drop new music people will be quick to notice that you are back in the game.

Music trends are changing every year and our Zim hip-hop artistes should ride that wave, stay relevant, drop new music accompanied by videos, do more live shows, especially with live bands and not use backtracks.

That way, I am sure we will have an industry to talk about.

As the year 2020 starts, I am hoping for an industry in which the artistes compete head to head with their Zimdancehall counterparts.

Bill Gates once said content is king, and as a Zim hip-hop fan, I am urging all Zim hip-hop stakeholders to collaborate, stay relevant and be consistent.

Talk of the inimitable King Pin, born Tonderai Makoni, who left a huge mark on Zimbabwe’s hip-hop way before all these new breeds came onto the scene.

Death snatched him from us, but his works, which include I Salute You and The Inauguration among others, will always be on every hip-hop fan’s lips.

Situation ripe for action: Chamisa

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MDC leader Nelson Chamisa delivering Hope of the Nation Address in Mbare yesterday – pic by Jan-Dirk Visagie

BY BLESSED MHLANGA

MDC leader Nelson Chamisa is looking to take advantage of the collapsed economy, to mobilise for action across professional, political and religious lines against President Emmerson Mnangagwa’s government.

Chamisa, who had promised to give his supporters and the nation a signal to engage in demonstrations against Mnangagwa’s government, yesterday declared 2020 the year of demonstrations and action, saying the biting economy, debilitating shortages, joblessness and hunger were the signal that he was waiting for.

“People have been impoverished beyond measure, no jobs, no income, no lights, no water, no fuel, prices are escalating while incomes are plunging. It’s just hell on earth, a beautiful country and hitherto relatively prosperous country turned into a hellhole by failed, rogue and corrupt politics and policies. This is the signal. The state of our nation is the signal.
Zanu PF has given us the signal. Our pain and suffering is too much. This is the signal. Change starts with you and me. It’s time to answer the call,” he said.

The MDC said it would, henceforth, be mobilising all Zimbabweans to engage in a fight which Chamisa said would be non-partisan and would focus on five key pillars.

“Fight for a people’s government, fight for a better life and dignity, fight against corruption, fight for the people’s rights, freedoms and security of persons and the fight in defence of the Constitution and constitutionalism,” Chamisa said .

The MDC leader said the Mnangagwa regime had dehumanised the people and was now using poverty as a weapon of repression.

He declared the MDC would end the poverty through peaceful confrontation and resistance.

“Man-made poverty is being used as a tool of repression and oppression, while poverty has been weaponised to enrich a few. Food continues to be used as a political weapon to sow divisions, fuel hate and instil fear. This can’t be allowed to continue,” he said.

Chamisa said he was now ready to face Mnangagwa and lead from the front on the streets, saying time for intimidation was over.

“The people have spoken enough about and against this scourge which has come about at the expense of their destroyed livelihoods. Enough is enough. This year, in 2020, the people will speak through action, against the scourge and in defence of their right to their livelihoods, which they must now begin to reconstruct for themselves and their families,” he said.

“In this regard, and as part of BBI [Breaking Barriers Initiative], I will stand with the people and act together with them in defence of their livelihoods under the MDC’s agenda 2020, we will never be intimidated.”

Chamisa accused Mnangagwa of being the godfather of machete gangs commonly known as MaShurugwi, saying he had kept his silence while machete gangs terrorised people.

“The old order has failed to bring forth the new. They have shown that they possess neither the appetite nor capacity for change. They are vacuous; their politics is insipid, vapid and out of time … Zimbabwe from across the full political spectrum of our nation to act together, support each other and speak with one voice beyond political boundaries and divisions created by the MaShurugwi regime which have built artificial barriers between and among Zimbabweans,” he said.

Drawing the line, Chamisa said his party would not engage Mnangagwa in talks at Political Actors Dialogue (Polad) level, saying he woulwd rather meet government on the streets than sit at a table with Polad members.

“We remain committed to genuine dialogue. Our position will not change. What we want is useful dialogue. It is not dialogue for the purposes of accommodation, photo opportunities or political expediency. We are a party that has learnt that the people’s struggle must not be hijacked by incomplete or captured processes that provide limited relief, improper answers and imperfect temporary remedies,” he said.

Chamisa said if dialogue was to happen there was need for the military to also take part in those talks, so that never again should the military be used to settle political disputes.

There have been attempts by former South African President Thabo Mbeki to bring Chamisa and Mnangagwa to the negotiating table, which the opposition leader acknowledged.

“I am still waiting for President Mbeki to come back to us because we told him we will not participate in the Polad talks. But we are ready for talks. He (Mbeki) went and told Mnangagwa who said he had to consult his party, we are still waiting for him to come back,” Chamisa said.

Hundreds of party faithful attended Chamisa’s rally in Mbare, which happened without any incident as the police stayed away from the venue.

Some supporters strategically positioned themselves away from the rallying point ready to take flight in the event of police descending on the address.

Chiwenga dares estranged wife

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BY CHARLES LAITON

ACTING President Constantino Chiwenga yesterday vowed that his estranged wife, Marry, would not set foot at his Borrowdale residence, claiming she wanted to kill him.

The Vice-President made the remarks yesterday through his lawyer Wilson Manase of Manase and Manase Legal Practitioners, soon after the hearing of the matter in chambers where Justice Christopher Dube-Banda reserved judgment following submissions from both parties.

“The deliberations were very good. In actual fact, we presented our case just like they (Marry’s lawyers) presented their case and we responded. It was their case anyway. But as you know, advocate (Lewis) Uriri argues very well, but the judge at the end of the day decided to reserve judgment and that judgment will follow whenever the court is ready with it,” Manase said.

Commenting on the application by Marry seeking to reside at Number 614 Nick Price Drive, Borrowdale, which address is part of her bail conditions, Manase said: “There are bail conditions which preclude her from interfering with witnesses, so she cannot do so and the National Prosecuting Authority has already filed an application to amend the bail order of Justice (Pisirayi) Kwenda to that effect to make sure that the two cannot mix. Mind you, there is an attempted murder charge in which the accused (Marry) is said to have interfered with the life of the Vice-President. So they cannot live together, so those are issues which will be discussed and also they were other issues to do with property et cetera, et cetera …,” Manase said.

A week ago, there were indications that Marry and Chiwenga had decided to settle the matter out of court, but in a sudden turn of events, Chiwenga’s other lawyer, Wellington Pasipanodya on Monday said the retired army general had not conceded to sitting down with his estranged wife.

Marry’s lawyer Taona Nyamakura, however, refused to comment on the matter after the urgent chamber deliberations, saying the matter was sub judice.

Landmark ruling on US dollar debts

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Chief Justice Luke Malaba

BY CHARLES LAITON

THE Supreme Court of Zimbabwe has delivered a landmark ruling declaring that a debt owed in United States dollars (US$) incurred on or before February 22, 2019 should be discharged by paying in local currency, the Zimdollar, at the rate of 1:1.

The ruling was delivered in favour of Zambezi Gas Zimbabwe (Pvt) Ltd in a matter involving NR Barber (Pvt) Ltd, which was owed over US$3 885 000 by the gas company before the effective date of Statutory Instrument (SI) 33/2019 being February 22, 2019.

“The payment of RTGS$4 136 806,45 made by the appellant (Zambezi Gas Zimbabwe) as settlement of the judgment debt was a full and final settlement of the judgment debt in terms of s 4(1)(d) of SI 33/19,” Chief Justice Malaba said in his judgment.

The determination of the apex court in the land came about after Zambezi Gas Zimbabwe had its property attached following a judgment in favour of NR Barber after the latter had declined to accept the settlement of the debt in local currency.

According to the judgment of the court, NR Barner initially instituted proceedings against Zambezi Gas for payment of US$3 885 000, which payment was for services which had been rendered by the former to the latter.

However, on June 25, 2018 Zambezi Gas was ordered by the High Court to pay the amount claimed in US dollars together with interest at the prescribed rate and costs of suit on an attorney client scale.

This prompted Zambezi Gas to lodge an appeal against the judgment, but it was dismissed by the High Court on May 13, 2019.

Dissatisfied by the High Court’s ruling, Zambezi Gas took the matter to the Supreme Court, where it won the matter in a determination made by Chief Justice Malaba and Justices Susan Mavangira and Nicholas Mathonsi on Monday this week.

“This is an appeal against the decision of the High Court (“the court a quo”) dismissing an urgent chamber application for an order declaring that the payment made to the first respondent (NR Barber) in terms of a court order was a full and final settlement of the liability owed by the appellant,” Chief Justice Malaba said.

“The appeal succeeds. The court holds that the Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act & Issue of Real Time Gross Settlement Electronic Dollars (RTGS dollars) (SI 33/19) expressly provides that assets and liabilities, including judgment debts, denominated in United States dollars immediately before the effective date of February 22, 2019 shall on or after the aforementioned date be valued in RTGS dollars on a one-to-one rate.”

The Supreme Court said the order in terms of which Zambezi Gas was obliged to pay the judgment debt owed to NR Barber, denominated in United Stated dollars, was made before the effective date.

“The judgment debt and its evaluation fell within the ambit of the provisions of section 4(1) (d) of SI 33/19. The payment made by the appellant in fulfilment of the judgment debt is a full and final settlement of the liability owed by the appellant,” he said.

According to court papers, on May 21, 2019, Zambezi Gas deposited $4 136 806,54 into NR Barber’s account as settlement of the judgment debt plus interest and costs of suit.

But NR Barber, through its lawyers, wrote to Zambezi Gas on the day of receipt of the funds, complaining that the amount deposited was less than the amount ordered by the court.

However, Zambezi Gas responded stating that the payment of $4 136 806,54 satisfied the judgment debt and referred to the provisions of section 4(1)(d) of SI 33/19 for authority that the payment was a full and final settlement of the judgment debt.

“The values referred to in s 4(1)(d) of SI 33/19 show that after a one-to-one conversion the RTGS dollar takes the value and character of the United States dollar. The effect of the phrase ‘on and after’ is that the conversion of all ‘assets and liabilities’ which were valued and expressed in United States dollars immediately before the effective date to values in RTGS dollars at a rate of one United States dollar to one RTGS dollar would apply at the time the value of the asset or liability is liquidated or discharged,” the judge said.

Chief Justice Malaba further said nostro accounts would not be affected

“Section 44C(2) of the principal Act provides as follows: (2) The issuance of any electronic currency shall not affect or apply in respect of funds held in foreign currency designated accounts otherwise known as ‘nostro FCA accounts’, which shall continue to be designated in such foreign currencies; and foreign loans and obligations denominated in any foreign currency, which shall continue to be payable in such foreign currency.”

Commercial lawyer James Nyamunda was of the view that the judgment would not have any new impact on the economy as it was simply a confirmation of the operation of SI 33/19 and the subsequent amendment of the Finance Act.

“The SI began operating in February 2019 and its effect, as has now been confirmed by the Supreme Court, is that all debts designated in US dollars and owed prior to the date of operation of the statutory instrument will continue to be paid in RTGS at the rate of 1:1 with the US dollar,” he said.

“By implication, this gives a reprieve to debtors who have access to the US dollar, who will now simply convert their US dollar to RTGS and pay less than what they would have paid had it not been for the statutory instrument. In short, the judgment cements the status quo.”

Nyauchi opens Test account

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BY MUNYARADZI MADZOKERE

Zimbabwe 358 all-out, Sri Lanka 295/4* (106 ov) — Sri Lanka trail by 63 runs with 6 wickets remaining in the 1st innings.

Debutant Victor Nyauchi was the pick of the bowlers after he took two wickets for 38 with Sri Lanka dominating day three of the first Test match of the series with the bat at Harare Sports Club yesterday.

Kusal Mendis struck a solid 80 runs, while veteran Angelo Matthews was unbeaten on 92 at stumps, the visitors closing the day on 295/4 and 63 runs behind Zimbabwe’s first innings total.

After beginning the day on 42/1, Sri Lanka plundered 253 runs on a batsman friendly track buoyed by 92-run third wicket stand between Mendis and Matthews.

But while Zimbabwe bowlers toiled for wickets, Mountaineers pacer Nyauchi opened his international account with the ball on debut finishing the day with figures of 2 for 38 runs in 22 overs.

Sri Lanka struggled to score runs off Nyauchi as he also emerged the most economic bowler from Zimbabwe with a rate which is under two runs an over.

The 27-year-old bowler dismissed Sri Lanka captain Dimuth Karunaratne in the first session of the day for his first wicket of the Test career which was also the first of the day leaving Sri Lanka on 92/2.

Karunaratne had put 37 runs on the board when he was caught by Ainsley Ndlovu.

Nyauchi returned after lunch to break with the big wicket of Mendis, caught behind by wicketkeeper Brendan Taylor, breaking his partnership with Matthews which was eight runs short of a century milestone.

The Mountaineers bowler has been impressive in the domestic competition where he has taken 10 wickets in three matches at an impressive average of 22.4.

He has justified his inclusion in the team after he was picked as replacement for the country’s injured top pace bowler Tendai Chatara.

Ndlovu and top order batsman Kevin Kasuza, who scored a half century as Zimbabwe posted a 358 first innings total, are the other two players who are on Test debut.

Captain Sean Williams took Zimbabwe’s third wicket of the day catching Dinesh Chandimal off his own bowling with Sri Lanka on 227.

Donald Tiripano took Zimbabwe’s first wicket accounting for opener Oshada Fernando before close of play on Monday.

Sri Lanka, who have always struggled against Zimbabwe in recent years, will be looking to accelerate their scoring rate today and post a commanding lead to push for a win.

But with only a day left in the first Test of the two-match series a draw increasingly appears to be the likely result with both teams yet to bat again.