‘High Court judge, , reportedly solicited a $20 000 bribe from one of the parties in a case she was presiding over’

 

High Court judge, Justice Priscilla Chigumba, reportedly solicited a $20 000 bribe from one of the parties in a case she was presiding over, the Judicial Service Commission (JSC) revealed yesterday.

JSC chairman and Chief Justice Godfrey Chidyausiku, said they were considering referring the case to President Mugabe for him to set up a commission to look into it.

This came out during an interview in which, Justice Chigumba was one of eight High Court judges that were being interviewed by the JSC to be considered for elevation to the Supreme Court.

Justice Chigumba was grilled by members of the JSC led by Chief Justice Chidyausiku over a complaint that it received to the effect that the judge had sent an agent to solicit a bribe from a Mr Kanokanga who was one of the parties in a case which she was presiding over.

Justice Chidyausiku said the JSC had received a written complaint from Mr Kanokanga and said while they had asked Justice Chigumba to make a written response, she was obliged to comment on the allegations since the commission was troubled over the allegations given that she was now seeking higher office.

“I think you are aware that Mr Kanokanga, who was a party in a matter that you presided over has alleged that you, through a third party (name supplied) solicited a bribe for yourself and he refused and paid a price of losing the case. Obviously the commissioners are really troubled by these allegations,” said the Chief Justice.

“There are certain aspects of his complaints that have a ring of truth, particularly where he said the agent was invited to a restaurant where you and this other person were having lunch. He also said this agent had information pertaining to the details of the proceedings when in fact he was not present in that court and then of course, the possibility that the alleged agent had fabricated this story. Unfortunately, as an interviewing panel, we do not have the investigative machinery to determine where the truth lies.”

Mr Kanokanga, said Chief Justice Chidyausiku, alleged that he had been impoverished as a result of the judgment which saw him being evicted from premises in the central business district.

“Like Caesar’s wife, a judge has to be beyond reproach. That’s the difficulty that the commission finds itself. Obviously, the JSC has the option of referring the matter to the President for a judicial inquiry to be appointed. That is something that we have to consider. The complaint that was made is in such a way that we cannot really just dismiss it without a proper inquiry. It may as well be that the person that is alleged to be your agent took advantage either of your relationship and fabricated this whole thing-that may be one scenario or that thing never happened at all,” said Chief Justice.

In response Justice Chigumba denied the allegations.

She said Mr Kanokanga, by his own admission, was not mentally sound.

“Mr Kanokanga, during the course of the trial, had indicated that as a result of this eviction, he had become unable to function and had to be treated by doctors for a mental disorder which arose as he said, from the fact that he had been impoverished by the eviction. He was very bitter. So, to answer your question, I did not directly or indirectly do or cause anything to be done which, is inconsistent with my oath of office as a judge or my duty to dispense justice without fear or favour or prejudice. I would like Mr Kanokanga, if he has any evidence that he can avail to the commission of whatever it is, that he is alleging to avail such evidence because an allegation which is baseless and without foundation, in my view, ought not to be allowed to influence anything that is adverse towards me unless and until it is substantiated,” said Justice Chigumba.

“Just because I was seen having lunch with someone does not mean that I am responsible for that person’s actions. The question that you put to me that Caesar’s wife ought to be beyond reproach, my response to that is I have already taken oath of office of being a judge. Because I took an oath of being a judge, I think that my word or my moral probity ought to be believed, the presumption should be, I am telling the truth until such time evidence is placed before the commission that something untoward happened.”

Deputy Chief Justice Luke Malaba weighed in, “The issue of alleged impropriety on your party, is a matter of great concern to the commissioners.

Do you know this eating outlet which is opposite St John’s College? How does this person place you at that eating place which you have not been to for a long time in the manner he says you were with this person who approached him (Mr Kanokanga) and said you wanted $20 000? Your position, of course, in your reply is that this should be dismissed as a matter of madness,” said Justice Malaba.

“Well, he is a self-confessed sufferer of mental disorder. I have no idea of what was happening in his head. He did say that he takes medication for chronic depression. He did say he blames the owner of the commercial premises for evicting him because it rendered him unable to operate. I do not know what effect my judgment had on him,” said Justice Chigumba.

Chief Justice Chidyausiku also took issue about the inclusion of his name and that of Judge President George Chiweshe as her referees on her curriculum vitae.

But Justice Chigumba said it was an oversight as she had forgotten to update it.

Other High Court judges that were interviewed were Justices Charles Hungwe, Alphas Chitakunye, Francis Bere, Joseph Mafusire, Nicholas Mathonsi, Samuel Kudya and Lavendar Makoni. By Zvamaida Murwira. source-byo24

PHOTO-High Court judge, Justice Priscilla Chigumba,

BULAWAYO:Knife wielding Cowdray Park station Assistant Inspector and 4 accomplices ‘CIO’ attack witness at home to prevent court testimony against them.

si_bulawayo_sign-640x280

 

 

FIVE police officers armed with knives allegedly raided the home of a State witness in a bribery case and beat him up in an effort to stop him from testifying against them in court.

The cops, a court heard yesterday, threatened to kill Mr Claudius Chauke during the mafia-style attack at midnight.  They allegedly told him that they were members of the Central Intelligence Organisation (CIO).

The cops allegedly advised Mr Chauke that it would be good for his well being if he kept away from the witness box. Although he insisted all five were policemen, only Malvin Ndlovu (36) an assistant inspector, admitted he was a police officer in court.

The other four members of the terror gang — who were not named in court and are still at large — were said to be civilians.

Ndlovu appeared before Western Commonage magistrate Mr Stephen Ndlovu charged with extortion and criminal abuse of office.

He appeared alongside an accomplice, another police officer, Trymore Gore (34) who allegedly demanded a bribe together with Ndlovu from Mr Chauke but did not go to threaten the witness at his home.

The magistrate remanded Gore out of custody.  Ndlovu had been initially remanded out of custody as well but his conditions were altered after the State proved that he had interfered with State witnesses.  The magistrate remanded him in custody to October 6.

Mr Chauke failed to appear in court at an initial trial date after the alleged midnight attack by the five-man gang.  He was later summoned to court and revealed that he could not come to court as he feared for his life.

“They came to my house at night and told me that they were from the President’s Office,” said Mr Chauke.

“They threatened to kill me if I testified against them in this court. They said they would slit my throat if I ever set foot in this court. Accused 1 (Ndlovu), held me by the collar and assaulted me with open hands.

“I had to leave my home and go to stay at my place of work at a mine in Inyathi. I promised them that I would not come to court, Your Worship, and I had to keep my word because I was afraid. That’s why I did not come to court.”

The State, led by Mr Busani Moyo alleges that on June 11 this year at Cowdray Park police station, Ndlovu and Gore arrested Mr Chauke for malicious damage to property.

Mr Moyo said: “Chauke’s former girlfriend had teamed up with friends to assault him, and they proceeded to the police first to file a report against him. When Chauke arrived at the station to file his own report, he was subsequently arrested by Assistant Inspector Ndlovu and Constable Trymore Gore.”

The court heard that the accused persons told Mr Chauke they were going to detain him in the cells until Monday since it was a Friday and refused to take his report.

“The accused persons then demanded $150 from the complainant to release him to go and seek medical attention as he had been assaulted earlier during the day. Chauke handed $100 to Ndlovu and $50 to Gore. He was then released on the same day,” said Mr Moyo.

It is the state’s case that Mr Chauke later filed a report against the two cops.

“While investigations were in progress, the officers allegedly reimbursed him and drafted a withdrawal affidavit statement for an illiterate Chauke so that he could withdraw the complaint,” said the prosecutor.

The affidavit was commissioned and he tendered it to the police.— By Andile_Tshuma. source-chronicle

ConCourt gives Zimbabwe’s controversial bond notes , a thumbs up for October 2016 release

 

BOND notes will be released into circulation without glitches next month after the Constitutional Court yesterday dismissed, with costs, a challenge by Zimbabwe People First leader Dr Joice Mujuru, describing it as premature and speculative for seeking to challenge bond notes that are not even in circulation.

It is the court’s finding that Dr Mujuru has to wait until the notes are introduced in order to point to the illegalities in them and the violation of the Constitution by the legal framework to be used in releasing the notes.

The Government is set to release bond notes worth $75 million at the end of October in 2 and 5 note denominations.

Dr Mujuru last month filed an application at the Constitutional Court challenging the constitutionality of the Government’s decision to introduce bond notes end of October.

The politician wanted to bar the introduction of bond notes by the Reserve Bank of Zimbabwe arguing that it was unconstitutional because it was likely to contravene several cited sections of the Constitution of Zimbabwe.

Dr Mujuru listed President Mugabe, Finance and Economic Development Minister Patrick Chinamasa, Reserve Bank of Zimbabwe Governor Dr John Mangudya and the Attorney-General Advocate Prince Machaya, as respondents in the constitutional challenge.

The challenge came just after the Government announced its intention to introduce the notes as part of a raft of measures calculated at stemming the liquidity crunch prevailing in the country.

Chief Justice Godfrey Chidyausiku, sitting with eight other judges of the apex court, described the politician’s contestation as premature and speculative.

“After considering papers filed in this matter and submissions by counsel, the court is satisfied that this application is premature and speculative. It is hereby dismissed with costs,” ruled the Chief Justice.

Deputy Chief Justice Luke Malaba said: “You have to wait for the promulgation of an Act of Parliament or a Statutory Instrument first and you come back to court to challenge the legal framework’s constitutionality. The applicant doesn’t have enough facts for her case now and when she gets the full facts, she can still come back to court with the challenge.

“At the moment no one knows how the Government will introduce the notes and it is premature to challenge the constitutionality of the law that is not yet in place. The bond notes are not yet in circulation and no one knows what they look like.

“You allege that bond notes will be illegally introduced but the Government said it will do it in terms of the law. On what basis do you want us to believe you? An allegation must not just spring out from the air”.

Advocates Thabani Mpofu and Garikai Sithole represented RBZ and its Governor Dr Mangudya while Professor Lovemore Madhuku and Mr Gift Nyandoro appeared for Dr Mujuru.

A director in the Attorney General’s Civil Division Mrs Fortune Chimbaru acted for President Mugabe, Minister Chinamasa and Adv Machaya.

The Chief Justice also added that Dr Mujuru could have indicated in her papers how she was likely to have her rights violated by the introduction of bond notes.

“In her private capacity, she has not stated how her rights as an individual will be violated. For example, if she has $1 million in her bank account, she should have said it.

“If she doesn’t have even a cent in the account, then she cannot succeed to sue in her individual capacity,” he said.

The Government contends that the bond notes will not be a new form of currency to be used in the country but just a representative of a currency already in circulation.

The central bank, the lawyers argued, has authority to issue such monetary instruments in terms of Section 7(1) (d) of the RBZ Act.

Dr Mangudya, in his founding affidavit, said the bond notes issue can be resolved by the High Court and that taking it to the apex court was unjustified under the circumstances.

He said the application was mere politics that was being smuggled into the court of law.

In her application, Dr Mujuru said bond notes pose the greatest threat to the livelihoods of people of this country.

She said they would destroy the economy and perpetuate poverty.

Dr Mujuru said from her experience in Government as a Vice President, it was clear to her that the greatest mistake this country ever made was to print the so-called bearer cheques.

She said the only reasonable way forward is to adhere strictly to the multi-currency regime while doing everything necessary to stimulate economic growth. Daniel Nemukuyu, source-chronicle

Former UZ SRC head, arrested for holding up placard demanding jobs as Mugabe presided over UZ graduation.

Brave protest by student activist Tonderai Dombo, demanding jobs as Mugabe presided over UZ graduation. He was arrested. An online media watchdog in Zimbabwe has confirmed reports of the detention on Thursday of a student leader who held up a placard demanding jobs during a graduation ceremony at the University of Zimbabwe.

“Brave protest by student activist Tonderai Dombo, demanding jobs as Mugabe presided over UZ graduation. He was arrested,” tweeted @ZimMediaReview.

Separate sources claimed that agents of the Central Intelligence Organisation were behind his arrest. This, however, had not yet been confirmed.

Dombo was believed to have been the head of the Student Representative Council at the university, which controversially awarded Mugabe’s wife Grace a PhD two years ago. source-Bulawayo24

Only the rich and powerful will remain with genuine money while the rest will have useless localised Bond notes.

_hosiah_chipanga

An outspoken musician Hosiah Chipanga‎ has lamented that while those in power will remain with the real money, the majority poor Zimbabweans will suffer as they are to be given useless localised Bond notes.

In his Facebook post Chipanga said when a country is economically in existence, its internationally represented by its own currency no matter how poor it might be.

“Making of an artificial local currency only helps to easy or fool the local market into pretending as though all is well, yet only the big fish will remain with the genuine currency and the majority depending on fake currency,” he said.

“Its the parent lion surviving on eating the small ones to avoid death by hunger. The young ones must die first to feed the big and stronger ones. Whatever made our Zimdollar useless in the first place, its never going to make our Bond note useful. We destroyed it brain wise so brain wise we must make it work again In reality you don’t need money to build an economy, in fact you need brain to build an economy that then gives you money and not the other way round.”

He said Zimbabwe has all what it takes to build its economy but lacks the natural brain to drive the economy, hence the fake money option. source-byo24

‘Activist Abducted, assaulted, drugged unconciousness and left for the dead and dumped on a farm 22km Harare in an Itai Dzamara style’

 

 

another Zimbabwe activist is being treated in hospital after what appears to have been a terrifying ordeal at the hands of as yet unidentified captors, News24.comreported.

Abducted, assaulted, injected with an unknown substance and left for dead: another Zimbabwe activist is being treated in hospital after what appears to have been a terrifying ordeal at the hands of as yet unidentified captors, News24.comreported.

The National Vendors Union of Zimbabwe said one of its officials, Kudakwashe Kambakunje was abducted on Tuesday night and found on a farm on Wednesday morning about 22km outside the capital.

Sten Zvorwadza said Kambakunje was “badly injured”

Photos show  Kambakunje on a hospital bed, his legs scarred and lacerated, were posted to Facebook.
This abduction had not been independently confirmed.

Few in Zimbabwe have forgotten Itai Dzamara, an activist who mounted lone protests in Harare at the end of 2014 and early 2015 calling on Mugabe to stand down. He was abducted in March last year and has not been seen since.

The opposition maintained that agents of Mugabe’s government were responsible, but pro-Mugabe state media has suggested Dzamara stage-managed his own abduction.

Zvorwadza, who has himself been arrested and beaten up by police for his dogged insistence on leading anti-government protests, said the abductions were “just wrong.”

He tweeted: “Citizens, we must not allow our government to continue behaving in this manner unchallenged. We must re-think about what is happening to us.”

Mugabe, 92, is facing an unprecedented wave of protests against his 36-year-long rule. They began in April with the launch of the #ThisFlag movement by Harare pastor Evan Mawarire. Mawarire said he wanted Zimbabweans to find the courage to confront the authorities over growing poverty and corruption. He is now living in exile.

In another report of alleged brutality from ruling party activists, the privately-owned Newsday said six supporters of ex-vice president Joice Mujuru were being treated at a private hospital in Bindura, northern Zimbabwe, after they were attacked at the weekend. Newsday has previously reported that ZANU-PF activists used “machetes and axes” in the attack in Guruve district.
His abduction followed exactly the same pattern as that of Sylvanos Mudzvova, found two weeks ago after suffering the same horrifying ordeal. His captors had not been identified, and there had been no condemnation of what happened to him from President Robert Mugabe’s government, which was clamping down hard on rising social discontent.

EU ambassador to Zimbabwe Philippe Van Damme tweeted that Kambakunje’s abduction was part of “a worrying recent trend”. Catriona Laing, UK ambassador to Zimbabwe called on the authorities to investigate, saying in a tweet: “Very worrying reports. Essential that #RuleOfLaw applies and alleged abduction/torture is investigated promptly by [the government of Zimbabwe].” source-bulawa024

MUGABE’S UN SECURITY REFORMS CALL: Ezulwini Consensus is a continental position for Africa

George-Charamba

 

 

 

President Mugabe’s Press Secretary Mr George Charamba

Government has dismissed as shallow, attacks on President Mugabe by opposition functionaries following his weekend address at the airport where he said Africa might consider pulling out of the United Nations if the continent is not accorded two permanent seats in the world body’s Security Council. President Mugabe’s Press Secretary Mr George Charamba said the opposition exposed its little understanding of world affairs, adding that the position in question was a continental position adopted in Swaziland.

He said the agreement that was known as the Ezulwini Consensus was not an invention by President Mugabe and, it was shocking that the opposition came to know of it through President Mugabe’s weekend address. “There has been a very shallow response from the opposition to the President’s address at the airport,” he said.

“Firstly, the President was not developing a new idea. He was merely representing the position of Africa regarding changes we want to see happening in the Security Council. That position is now known as the Ezulwini Consensus. It was developed in Swaziland and we have spoken about it repeatedly.

“It’s a continental position and that is what is going to be Africa’s negotiation with the rest of the world in respect of the Security Council reforms. “The Indians have their position, the Japanese have their own position, Latin America has its own position — similarly Africa has its own position, and it so happens that the President who was coming from the General Assembly reiterated, not invented, reiterated the position of Africa.”

He continued: “Our well-educated opposition people who seem pathetically ignorant of world affairs, discovered Africa’s position for the first time from the President’s airport address. And they dare present their own pathetic views on the matter.

“It’s not a domestic issue. It’s a continental issue, and Africa has taken a position on the matter. The President was talking about his peers — Presidents of Africa not about puny little opposition people here. Little politicians here are not his interlocutors at that level. He is talking continental, he is talking global. Before they open their mouths, they must just pass the test of relevance in terms of discourse.”

Mr Charamba said Africa’s position was that the continent should get two seats with veto if veto was kept, or two seats without veto if the veto was abolished. “We are prepared to press very, very hard for that outcome and, ‘we’ means Africa,” he said.

“It does not mean Zimbabwe, except the fact that Zimbabwe is part of Africa. Really, the sub-text we are getting from the opposition is that they are the West’s skippers. They dare argue for the West. They dare argue for the P5 (five permanent members of the UN Security Council), as if the P5 has no capacity to answer for itself and it’s very much in character.

“They have never as opposition taken a national position let alone a continental one. They have always been pandering to a Western idea and they think the P5 needs their rescue. It doesn’t.”

Following President Mugabe’s address at the airport, members of various opposition political parties took turns attacking the Head of State and Government saying his views were not in order. They interpreted his address as Zimbabwe’s lone position when it comes to the reforms of UN Security Council. By Tendai Rupapa. source-herald

photo-President Mugabe’s Press Secretary Mr George Charamba

FOUR men arrested at Mphoengs Border Post trying to smuggle 22 military combat camouflage sets , back packs, & green water bottles

Mugabe-must-go-550x280

 

FOUR men arrested at Mphoengs Border Post trying to smuggle camouflage uniforms and military equipment into the country.

 

Sources at the border post said the men are suspected to be part of a group that takes advantage of civil disturbances to assault civilians while wearing security forces’ uniforms.

They were arrested on Sunday at around 9PM.

Stevenson Boshoff (52) of Gweru, who claimed to be employed at Safari De in Mozambique, was arrested with Karl Landrey (27) from Harare, Lovemore Damiano (48) of Chitungwiza and Cephas Telele (47) of Chiredzi.

They were found with 22 combat sets of trousers and shirts, 20 khaki greenish back packs, green water bottles with camouflage holders and jungle caps.

A source at the border said Boshoff and Landrey first attempted to cross the border into Zimbabwe on Tuesday last week.

“The men drove two South African registered vehicles. They were denied entry as they were Zimbabwean residents driving foreign registered vehicles,” said the source.

The source said they showed up again on Sunday night, this time in the company of two other Zimbabweans, Damiano and Telele.

“Telele and Damiano had South African work permits. The team declared the above mentioned military material and claimed to be in transit to Mozambique,” said the source.

“Police got a tip off from Zimra officials leading to their arrest for unlawful possession of military camouflage uniforms.”

A source close to the investigations said Boshoff was the leader of the team.

“The man who claimed to be employed at Safari De in Mozambique told investigators his boss instructed him to collect military material to be taken to Mozambique,” said the source.

The source said Boshoff said the material was intended to be used at safaris by game rangers.

“They said they preferred Mphoengs border post, claiming it was the shortest route to Mozambique. This was highly suspicious as travelling via Beitbridge and through to Harare into Mozambique is far shorter,” the source said.

As source close to investigations said Boshoff, upon realising he had been caught in a lie, changed his story and claimed that he had opted to use Botswana as he had passed through visiting relatives in that country and also intended to see some people in Bulawayo.

Investigators said the evasiveness of the suspects raised suspicion.

“Their preference of Zimbabwean drivers and the selection of Kanyemba Border post as their port of exit made it easy to suspect the material was destined for Zimbabwe. It might have been intended for use during riots,” said a source.

National police spokesperson Chief Superintendent Paul Nyathi said he was not aware of the arrests.

“I haven’t received a report of that nature yet and would rather refer you to the police spokesperson of Matabeleland South Province,” he said.

The provincial police spokesperson, Inspector Philisani Ndebele, was not reachable on his mobile phone.

By Whinsle Masara. source-chronicle

POLICE investigate fresh allegations against PHD Ministries church leader Walter Magaya by rape complainant

Prophet-Walter-Magaya

 

The complainant in the alleged rape case against PHD Ministries church leader Walter Magaya has introduced fresh issues and the state has referred the docket back to the police station for further investigations.

The defence team challenged the further postponement of the proceedings on the basis that during the last hearing on the 15th of September the state had made an undertaking to provide a trial date.

Representing the state, Sebastian Mutizirwa, however, said the promise had been made as the docket had been sent to the prosecutor general when it was complete until the complainant raised fresh issues which require further investigations.

Appearing for the defence, Everson Chatambudza and Admire Rubaya, notified the court of an intention to file for refusal of further remand on the next remand date and sought for relaxation of Magaya’s bail reporting conditions.

They requested that he report once every month or fortnight as opposed to reporting once weekly.

Harare magistrate Ms Bianca Makwande said she will consider relaxation of bail proceedings on the next remand date.

She postponed the matter to the 21st of October 2016.

source-zbc

Yvonne Chaka Chaka survived a shootout between cops and hijackers in Midrand yesterday.

 

Yvonne Chaka Chaka survived a near death experience when she was caught in the crossfire between cops and hijackers in Midrand yesterday.

The legendary singer tweeted a picture of the scene with the caption “Wow this is what I survived. Thank you Lord”

According to the Midrand Reporter one hijacking suspect was killed during the shootout with cops and another was injured. Provincial police spokesperson Lieutenant Colonel Lungelo Dlamini told the paper “The men were being chased by police at the time. “[The] two suspects were shot, one died at the scene and another was wounded and airlifted to the hospital under police guard,” he said.

In another tweet Mama Yvonne said “Thank u all  it was very close. Never seen a thing like this except at the movies.wow.” We are glad she is safe. Source – Daily Sun

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