By Richard Muponde

A FOUR-MAN machete gang has been arrested in Norton after it ambushed a miner on Monday and robbed him of 40 kilogrammes of gold ore and $300 before axing his colleague who tried to effect a citizen’s arrest.

National police spokesperson Chief Superintendent Blessmore Chishaka confirmed the arrests.

“The quartet of Privilege Damson (29), Casper Karuru (42) Stephen Mazambani (24) and Godwell Mukune (31) ambushed the complainant, who was going to the stamp mill to process his gold ore. They were armed with two machetes and an axe. After instilling fear in him they robbed him of 40kg and $300 and disappeared,” Chishaka said.

He said the robbers processed the gold, sold it and shared the proceeds.

“However, the complainant teamed up with his friends and made a follow-up of the robbers. They managed to find them and tried to effect a citizen’s arrest but one of them was axed on the head. He was taken to hospital where he was treated and discharged,” Chishaka said.

He said police were called to the scene and managed to arrest the gang members.

“We recovered two machetes, an axe and two logs which they used in committing the offence. They are currently being held in custody at Norton Police Station and will appear in court soon,” Chishaka said.

The arrest came after the courts have tightened the noose on machete gangs to bring sanity to the mining sector.

Chief Justice Luke Malaba on Monday announced the setting up of special courts to deal with the marauding machete gangs wreaking havoc in most parts of the country, warning that the courts would not have mercy on those who terrorise communities.

According to statistics, machete gangs have in the past few months killed over 100 people in gold wars countrywide.

BY PRECIOUS CHIDA

The Judicial Service Commission (JSC) has disowned the Judicial Employees Union of Zimbabwe, saying the union’s leaders were not part of its employees.

In a circular to heads of departments which was copied to Chief Justice Luke Malaba, JSC secretary Walter Chikwana said the union was a “phantom organisation”.

He said Percy Mcijo, who is the secretary-general of the union was not employed in any capacity by the JSC and could not be a member of any staff association representing workers of the commission.

“In September 2019, Percy Mcijo wrote to the JSC requesting the commission to recognise his union.

“He was requested to provide proof of his employment status, the register of JSC
employees in that union and proof of compliance with the registration requirements for all staff associations in terms of section 13 of the Judicial Services Act,” the circular read.
“To date, that information has not been provided.”

In a statement yesterday, JSC spokesperson Brian Nkiwane said investigations have revealed that Mcijo was not employed by the commission in any capacity.

“The JSC further wishes to warn Percy Mcijo to desist from masquerading as a member of the JSC and to desist from misrepresenting to our members of staff that he can represent them in their employment
matters,” Nkiwane said.

“The commission is proceeding to lodge a report with the Zimbabwe Republic Police against him on the basis of apprehension that his actions may end up financially prejudicing bona fide JSC members of staff.”

Mcijo could not be reached for comment.

BY DESMOND CHINGARANDE

The late educationist Gogo Esther Musewe, nee Mahechani, who passed on at her home in Old Highfield, Harare, last Friday was laid to rest at Warren Hills Cemetery yesterday.

Gogo Musewe, who died at the age of 92, was an iconic lady who was a pioneer teacher at Chipembere and Mbizi primary schools in Highfield in the early 1960s.

She taught many prominent people among them the late music superstar and national hero, Oliver Mtukudzi.

Together with her now late husband William Simpson Musewe who was also an educationist, the two were acknowledged as community leaders in Highfield.

The late Gogo Musewe walked the talk and was revered in educational circles where she set an extremely high bar which eluded many families by endowing their children with the best bequest ever.

Her youngest son, Vincent Tichafa said the Highfield community had lost a pillar and icon who served the country in the education sector as she helped several people during her stay in Highfield from the 1950s.

“My mother has been in Highfield from the 1950s and she even taught many people who include Oliver Mtukudzi. She also contributed much for her church St Pauls Anglican church. Several women in the community have received counselling. She was humble, humility and love,” Vincent said.

Her eldest son, Norman Nhamohainavazhinji is a top paediatric cardiologist in Toronto, Canada, and is followed by daughter Angelina Ziwazwako Hatendi, who is an American Board certified anaesthesiologist and sits on the Alpha Media Holdings Editorial Advisory Board of trustees, and Owen who is a motor vehicle assembly engineer with Toyota Motor manufacturer in Toronto, Canada.

There is also Augustine Togara who is a medical doctor specialising in public health in Cape Town, South Africa. Vincent is a leading economist and political commentator.

By Staff Reporter

The Law Society of Zimbabwe (LSZ) has said attempts by President Emmerson Mnangagwa’s administration to make fundamental changes to the national Constitution fly in the face of global democratic best practices.

LSZ president Thandaza Masiye-Moyo told journalists last week that the proposed constitutional amendments were retrogressive.

Justice minister Ziyambi Ziyambi late last year came out guns blazing accusing the LSZ of having lost its moral compass and acting like activists after the latter warned against tampering with the Constitution.

Ziyambi had been incensed by a hard-hitting statement by the LSZ following reports Mnangagwa among other things wanted to amend the Constitution and allow for the direct appointment of the Chief Justice by the President in consultation with the Judicial Service Commission (JSC).

But Masiye-Moyo stuck to his guns.

“We have been criticised by the Minister of Justice who argues we seem to have gone off our lane to use his words and turned ourselves into activists. The point we insist on making is that we are very much within our mandate if you look at the Legal Practitioners Act. What we did and continue to do is exactly what is expected of us. It is our firmly held belief that the proposed amendments to the Constitution are by nature very retrogressive except perhaps for one which relates to gender equality,” Masiye-Moyo said.

He said the proposal that the Chief Justice be appointed by the President in consultation with the Judicial Service Commission as opposed to public interviews was retrogressive.

The LSZ president said public interviews enhanced the independence of the judiciary.

“The current set-up was designed for a purpose that is to decongest power from an individual. Decongestion is aimed at ensuring that power is not concentrated in one person. We agree with this because it is in sync with what is happening elsewhere in the world.

“It creates checks and balances and answers to democratisation. Our argument has been that we do not want a Chief Justice who is forever indebted to the appointing authority and that is why we say the current set-up is democratic. It is progressive and answers to international best practices. It is the right thing to do,” Masiye-Moyo said.

“If we take that (provision) away, it becomes retrogressive. This Constitution is barely six years old and forms the foundation of a society, underpinning our behaviour as well as how we relate to each other. The assumption is that what is captured in the Constitution should serve us and the next generations except in very exceptional circumstances.”

Masiye-Moyo said there was nothing in the current political environment to warrant the proposed constitutional changes.

BY CHARLES LAITON

The Zimbabwe Revenue Authority (Zimra) has pounced on socialite businessman Genius Kadungure, popularly known as Ginimbi and seized his US$200 000 Bentley Continental GT motor vehicle after it emerged that its import duty was irregular.

This came to light after Kadungure filed the application after Zimra officials accompanied by police officers from the Vehicle Theft Squad besieged his Domboshava residence on January 11 and informed him that they had instructions to seize the vehicle as it had not paid the requisite customs duty and value-added tax (VAT).

“In the interim, I seek an interdict prohibiting the first respondent (Zimra) and her officers from seizing or embargoing my vehicle on the basis that the duty paid was insufficient without first seeking an order from this court to that effect,” Kadungure said in his founding affidavit.

Kadungure is also challenging the constitutionality of section 192 of the Customs and Excise Act, arguing it was being used by Zimra to infringe his rights as provided in sections 68 and 71 of the Constitution of Zimbabwe.

“Section 192 is unconstitutional to the extent that it allows the first respondent (Zimra) and her officers to take administrative action against me without regard to my rights to fair administrative action in terms of section 68 of the Constitution as expanded by the Administrative Justice Act,” he said.

Kadungure, who is also suing Finance minister Mthuli Ncube, is also challenging the constitutionality of section 196 of the same Act that prohibits any civil proceedings to be taken against Zimra without giving six months’ notice in terms of the State Liabilities Act.

Kadungure claimed that he purchased the vehicle from LSM Distributors, a South African company and took delivery of it on or around January 5, 2019 through his courier and clearing agents.

“Having purchased the vehicle and paid for it in full, I caused it to be imported into Zimbabwe through the Beitbridge Border Post. I attach relevant documents from the cargo carrier and from South African authorities pertaining to the clearing and movement of the vehicle… as the vehicle had been in a South African bonded warehouse, it had to be cleared by the South African authorities…”

“At the border, I appeared personally and filled in Form No 52A which is a customs duty declaration form … I declared that the vehicle ought to be assessed duty on its purchase price mentioned above. “The customs officers responsible inspected the vehicle and they assessed duty in terms of that figure and an invoice for customs duty and VAT was issued.”
The matter is set to be heard on Friday this week.

BY FREEMAN MAKOPA

THE Miss Zimbabwe International Trust has nominated beauty queen Tania Tatenda Aaron as its representative at this year’s edition of Miss Global to be held in Oaxaca, Mexico on January 18.

The pageant started off on Saturday with a 15-day bootcamp that will lead to the grand finale and coronation ceremony on January 18.

Miss Zimbabwe International country director Patience Lusengo said the Miss Global Zimbabwe committee was confident that Aaron would fly the country’s flag high and bring home the crown.

“We are delighted and honoured to announce that Tania Aaron has been selected to be the official 57th Miss Global 2019 contestant. Congratulations. The Miss Global organising committee is confident that she will be a great representative for your country and will make significant contributions during her participation in the Miss Global 2019 pageant,” she said.

The committee said it has been working with Aaron to prepare for the modelling extravaganza.

According to Lusengo, the Miss Global committee always took great caution to select the most qualified delegates with the potential of clinching the crown.

Lusengo said the launch of the official Miss Global beauty pageant will set the new standards for a more diverse selection of beauty queens aged between 18 and 35.

Although the Miss Global is one-year long, Lusengo said her committee made it clear that the queen will travel throughout the world to participate in charitable fundraisers while promoting the beauty, intelligence and charm of women.

She will also have a once-in-a-lifetime opportunity to gain innumerable contacts, establish lifelong friendships and secure endless support from diverse communities advancing her modelling career.

At only 24, Aaron has a solid modelling track record that includes being crowned Miss Valentine Zimbabwe (2016), Face of Chitungwiza (2017), Miss Tourism Queen Zimbabwe (2018), Miss International Zimbabwe (Tokyo Japan, 2018), Miss Tourism Queen Zimbabwe (2019), Miss Tourism Queen Worldwide (4th runner-up — Philippines, 2019).

The Miss Zimbabwe International, held on the sidelines of the ZimExpo, was started by Noir Models and Sadza.com.

It has been developing models mainly from the Zimbabwean diaspora from the USA, Canada, UK and South Africa.

This year the trust included in its pool candidates from Zimbabwe and has secured most of the funding from various individuals and organisations that include Tania’s wardrobe sponsors Nandi, Rich Chasers, Thembani Mubochwa and Style by Mine, with her make-up from Christian by Hadassah.

Lusengo said Miss Global contestants were encouraged to express their individuality with poise, grace and wit.

Chief Justice Luke Malaba

BY SILAS NKALA/RICHARD MUPONDE/PRECIOUS CHIDA

DEPUTY Chief Justice Elizabeth Gwaunza has berated law enforcement agents who are in the habit of rushing to arrest before thoroughly investigating their suspects, saying this had the effect of eroding public confidence and frustrating the tail end of the justice delivery system.

Speaking at the official opening of the 2020 legal year at the Bulawayo High Court yesterday, Justice Gwaunza said investigators and arresting officers should continue honing their skills and conduct thorough investigations before arresting those suspected of engaging in criminal activities.

“Knee-jerk arrests only serve to frustrate the ends of justice,” she said.

“The public will consequently feel let down by the system and such a scenario lends credence to the notorious accusations of catch and release.

“In my address last year, I intimated that there were plans to cascade the anti-corruption courts to all 10 provinces of the country. I am happy to advise that in the past year, the Judicial Service Commission established anti-corruption courts in five additional provinces, Midlands included.”

Justice Gwaunza added that two anti-corruption courts had been established in Harare and Bulawayo, with the identified judges earmarked for training in Uganda later this month.

“The fight against corruption requires the collective effort of all institutions involved in the administration of justice. The public is equally expected to play its part,” she said.

She urged the National Prosecuting Authority of Zimbabwe (NPAZ) to properly advise the police and Zimbabwe Anti-Corruption Commission (Zacc) on the strength of evidence required to secure prosecutions.

“The pursuit of justice should resonate with a careful, conscientious and professional execution of the constitutional mandate of prosecuting criminal matters in courts,” Justice Gwaunza said.

“Legal practitioners are equally enjoined to play their constitutional role of representing their clients to the best of their abilities and in terms of the law. Legal practitioners are officers of the court and are expected not only to assist the court arrive at just decisions but to behave ethically as well.”

Last year, the country witnessed several arrests of top government officials and ex-ministers on allegations of corruption, but most of the cases have either collapsed or yet to be concluded.

Officially opening the 2020 legal year at the Constitutional Court in Harare yesterday, Chief Justice Luke Malaba revealed that the judiciary will this year introduce live-streaming of cases attracting public and national interest..

Chief Justice Malaba said live broadcasting of cases is vital in promoting transparency and accountability, while members of the general public, who cannot attend court sessions, will be able to know what goes on in courts.

He said live-streaming of the 2018 presidential election petition hearing was an eye opener to the Judiciary, hence the idea to make this a permanent feature.

BY BLESSED MHLANGA

ZANU PF is wary of labour unions and is accusing them of attempting to use workers to oust President Emmerson Mnangagwa’s government under the guise of fighting for better working conditions.

In its report to Zanu PF’s 18th people’s conference held last month, the central committee questioned why unions and workers demanding better pay were only focusing on pushing government and leaving out the private sector.

“Why are trade unions not agitating for fair salaries and wages in the private sector? Why is the agitation restricted to the public sector? Why is any agitation against the rise in the cost of living restricted to government without demanding fair wages from business,” the report reads.

Zanu PF said it suspected that unions were harbouring political interests, an allegation constantly repeated by even Mnangagwa, especially following a four-month job action by goverment doctors.

“Are the trade unions pursuing a political objective by leaving the interests of labour at the mercy of capital? If so, for what political objective,” the report further reads in part.

Zanu PF, however, acknowledged that all was not well as business was hurting the poor by not paying fair wages and stripping workers of their dignity.

“The casualisation of labour continues to afflict the sector as business tries ways of managing operational costs.
This has tended to create a state of job insecurity in the industrial sector leading to inefficiencies. Unfair labour practices have continued to pervade the industrial employment sector,” the report further reads.

But the Zimbabwe Congress of Trade Unions (ZCTU) has hit back, accusing the Zanu PF government of being the major cause of labour unrest in the counrty.

“They don’t respect the Constitution. Instead of investing in making the Tripartite Negotiation Forum (TNF) work, which is recognised at law, they are putting money in Polad [Political Actors Dialogue]. The TNF is not working and workers are left with no option, but to use peaceful and constitutional means to demand a living wage,” ZCTU president Peter Mutasa said.

The labour union has blamed government for causing the economic turmoil through the return of the Zimdollar, pushing austerity measures and clamping down on labour unions’ rights to demonstrate for fair wages.

Mutasa said workers were not pursuing any political agenda, but wanted fair pay for their labour.

“Our members come from different political persuasions. The individual members have their own political rights and we do not tamper with those, but as an organisation, we represent everyone regardless,” he said.

Workers have vowed to face off with government until they get a living wage which matches current economic trends.