A lawyer and an employee of the National Prosecuting Authority (NPA) in Chipinge have been arrested for allegedly altering a statement made by a 13-year-old rape survivor. This was intended to lessen the severity of the charges against the accused.
Timothy Katsande (34), a public prosecutor at the Chipinge Magistrates Court, and Benjamin Basikiti (35), a lawyer with Mutendi, Mudisi and Shumba Legal Practitioners, were arrested by the Zimbabwe Anti-Corruption Commission.
They now face charges of defeating the course of justice, under Section 184 of the Criminal Law (Codification and Reform) Act (Chapter 9:23).
The investigation was triggered by a report from the survivor’s father, leading to the detention of the two suspects.
In court, Principal Public Prosecutor Thembalami Dhliwayo detailed the case, saying that on December 28, 2024, the victim was allegedly raped by her uncle at her home.
The victim’s mother promptly reported the incident to the ZRP Chipinge Urban on December 29, under CR 134/12/24, identifying the uncle as the suspect.
The investigation was assigned to Constable Dzingirai, who arrested the alleged perpetrator on December 30, 2024, under charges of rape as defined in Section 65(1)(a) of the Criminal Law (Codification and Reform) Act.
The uncle, represented by Basikiti, appeared at the Chipinge Magistrates Court for an initial remand on December 31 and was subsequently remanded in custody until January 10.
On that date, Constable Dzingirai submitted a complete rape docket to the NPA for trial settings under CRB CHPR 125/24, with proceedings slated to begin on January 15.
The docket included the victim’s statement, detailing how her uncle forced her into sexual intercourse.
Additionally, the survivor’s impact statement indicated that she had indeed reported the rape, and witness statements corroborated her account.
The State outline also clearly indicated that the 13-year-old and her uncle were related as niece and uncle, respectively.
The outline also mentioned that the victim raised an alarm, but to no avail since she has a voice projection problem.
The case was then assigned to Katsande, who was responsible for its prosecution.
However, Katsande and Basikiti produced a statement of agreed facts that contradicted the evidence in the docket.
This statement erroneously claimed that the victim and her uncle were not related and that the sexual encounter was consensual.
Armed with this misleading statement, the uncle pleaded guilty to charges of contravening Section 70 of the Criminal Law (Codification and Reform) Act (having sexual intercourse with a minor).
He was subsequently sentenced to 36 months in jail, with 12 months suspended for five years, resulting in an effective sentence of 24 months.
More: <a href="https://www.manicapost.co.zw/new-lawyer-prosecutor-arrested-for-altering-rape-survivor-statement/">The Manica Post</a>

Pindula News

Two men, a lawyer, and a prosecutor, have been arrested for changing a statement made by a 13-year-old girl who was raped. They wanted to make the charges against the accused person less serious. The girl's father reported the crime, which led to the arrest of the two suspects. The investigation showed that the lawyer and prosecutor changed the facts in the case to make it seem like the rape was consensual and that the victim and the accused were not related. This led to the accused being sentenced to a shorter jail term.

Lawyer, Prosecutor Arrested For Altering 13-Year-Old Rape Survivor's Statement

A Zimbabwe Revenue Authority (ZIMRA) manager based in Beitbridge, Lonto Ndlovu, appeared in court on Wednesday facing charges of defeating the course of justice in a case involving US$27,000.
Ndlovu was remanded in custody until April 17 for trial. The complainant in the case is Johannes Tagasira, the director of Silverline Chemicals Private Limited.
According to the State’s outline, in April 2024, Silverline Chemicals imported 38,000 litres of methanol, valued at around US$27,000, through the Beitbridge Border Post.
The cargo underwent clearance procedures, which included Condep checks, physical inspections, and sample collection. ZIMRA was satisfied with the inspections and documentation, and the cargo was cleared for transport.
However, while en route to Harare, the truck was stopped at Bubi on suspicion that it was carrying diesel rather than methanol. The truck was then escorted back to Beitbridge for re-inspection.
On April 8, 2024, it is alleged that samples were taken and sent to NOIC for testing. ZIMRA subsequently issued notices of seizure for the cargo, truck, and trailer, claiming that the cargo was diesel, not methanol.
The complainant disputed this, insisting that the cargo contained methanol, not diesel. To confirm this, he paid US$1,200 for an independent test at the Standard Association of Zimbabwe (SAZ).
On April 12, ZIMRA took another sample to ZERA for re-testing, and the results showed the sample met standards for paraffin.
On April 15, the complainant, through an official email, challenged the test results. He later learned that ZIMRA officials were planning to sell and dispose of the cargo without his knowledge.
As a result, the complainant filed an urgent chamber application with the High Court on April 22, 2024.
On April 24, a ZIMRA legal officer, Tinashe Marange, officially emailed Lonto informing her about the judicial proceedings at the Masvingo High Court concerning the cargo.
Lonto was served with court papers in which she was cited as the accused. She filed an opposing affidavit in response.
On April 25, the complainant’s lawyer, Kudzai Tandi, emailed Lonto, reminding her not to dispose of the cargo, as it was the sole exhibit in the pending judicial proceedings.
Chrispen Chidzenga, a ZIMRA legal department official, also instructed the accused not to dispose of the cargo until the judicial proceedings at the Masvingo High Court had concluded.
That same day, the case was heard by Justice Zisengwe, who ordered ZIMRA not to dispose of the cargo.
However, despite the High Court’s order, Lonto proceeded to sell and accept payment for the cargo later that day, during the hearing of the urgent chamber application.
By April 28, 2024, she went further to disregard the High Court order by disposing of the cargo from the ZIMRA warehouse, leading to the destruction of the sole exhibit in the pending judicial proceedings.
As a result, a third, independent test could not be conducted because the evidence was destroyed.
More: <a href="https://www.herald.co.zw/zimra-regional-manager-in-court/">The Herald</a>

A ZIMRA manager named Lonto Ndlovu is accused of destroying evidence in a case involving US$27,000. The evidence was a cargo of methanol imported by Silverline Chemicals. Even though the High Court ordered ZIMRA not to dispose of the cargo, Lonto did it anyway. This prevented a third test from being done. Ndlovu faces charges of defeating the course of justice and was remanded in custody until trial on April 17. The complainant, Johannes Tagasira, says the cargo contained methanol, not diesel. The case is ongoing.

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