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A Zaka man facing a murder charge has been granted ZWL$20 000 bail by High Court judge, Justice Garainesu Mawadze, after he spent almost four months in remand prison, reported <a href="https://masvingomirror.com/murder-suspect-gets-zwl20-000-bail%ef%bf%bc/">The Mirror</a>.
However, Panashe Chiwira (21) of Jerera’s role in the alleged murder was not stated in State papers.
State papers only include Chiwira as the fifth accused person in the murder of Alphios Mukorera at Jerera Growth Point on 10 October 2022.
Prosecutor Edwin Mbavarira did not oppose the bail.
The other accused are Susan Chekungwara (26) a sex worker, Talent Mugariri (24), Brighton Machaya (23) and Austin Gwatiwana (18).
It is alleged that Chekungwara would lure rich clients and inform Mugariri, Machaya, and Gwatiwana who would then attack her clients and rob them of valuables.
Mugariri, Machaya and Gwatiwana have previous convictions for stealing a vehicle under CR86/02/22 and CR151/04/19.
Allegations are that on 10 October 2022, Chekungwara left Nherera Night Club with Mukorera around 3 AM after informing her accomplices that he had cash on him.
Mugari, Machaya and Gwatiwana followed Chekungwara and Mukorera and they arrived at her place as Mukorera was soliciting sex.
It is further alleged that the three then accused Mukorera of having a relationship with Machaya’s wife.
The three began assaulting him with a log until he died. They allegedly stole US$283, a pair of brown shoes and an Itel phone from the deceased.
The suspects then took Mukorera’s body and dumped it in an open space at the growth point.
A passerby saw Mukorera’s lifeless body and informed the Police who conducted investigations leading to Chekungwara’s arrest.
She then implicated the other accused persons including Chiwira.

Pindula News

Murder Suspect Released On ZWL$20 000 Bail

The High Court has blocked police from extracting blood samples from High Court judge Garainesu Mawadze’s 24-year-old son, Munyaradzi Junior Mawadze, who is accused of killing a cell phone dealer in 2020.
Munyaradzi (24) is jointly charged with Elvin Dongo Saungweme (24), and Dellon David Balani (24) all from Harare for the murder of Sipho Ncube.
The investigating officer in the case, Alexander Jachi, was given a warrant authorising him to extract blood samples from Munyaradzi by a Harare magistrate in June 2020, three months after Ncube’s murder.
However, justice Siyabona Musithu has invalidated the warrant which the judge said was wrongly issued.
Mawadze had argued that the section of the Criminal Procedure and Evidence Act used in issuing the warrant does not include the production of bodily tissues without the consent of the owner and the court upheld his argument. Ruled Justice Musithu:
<blockquote>
On his part, the third respondent (the magistrate) just issued the warrant without paying much attention to the quoted sections of the law to determine if they really applied to the application before him.
This kind of intention to detail is so gross and cannot be countenanced by this court.
In view of the foregoing observations, the only inescapable conclusion this court can reach is that the warrant was not issued in accordance with the law.
That makes it irregular and consequently invalid. There is no warrant that the applicant is expected to comply with.
In light of these findings, it becomes unnecessary for this court to interrogate the other grounds for review which were premised on the supposition that the warrant of search and seizure was valid.
</blockquote>
According to the State, on 12 March 2020, the trio stabbed Ncube with a knife before slitting open his throat, killing him instantly.
They had lured the now-deceased to their car on the pretext that they wanted to seal a cellphone deal.
Ncube reportedly agreed to accompany the trio to Waterfalls and the accused diverted the route and drove along Chiremba Road passing Epworth and going towards Ruwa.
They reached a secluded place where they robbed Ncube of his cell phones and an unknown amount of cash and killed him before dumping his body in Ruwa.
The State further alleged that Mawadze sent a text message using Ncube’s cell phone alleging he had been kidnapped.
Detectives later recovered blood-soiled clothes from all the suspects and Mawadze’s car seat. | <a href="https://www.zimlive.com/2022/09/court-blocks-police-taking-blood-samples-from-murder-accused-judges-son/">ZimLive</a>

Court Blocks Police From Taking Blood Samples From High Court Judge's Son

High Court judge Justice <a href="https://www.pindula.co.zw/Garainesu_Mawadze">Garainesu Mawadze</a> narrowly escaped death on Friday when he was involved in a horrific road traffic accident.
Judiciary Service Commission (JSC) secretary, Walter Chikwanha confirmed the accident which happened at around 7 pm, 20km from Zvishavane along Masvingo – Zvishavane Highway.
The Mirror reported sources as saying Justice Mawadze’s vehicle crashed into a herd of cattle that suddenly appeared in the road and hit five of them.
Following the car crash, the herdsmen allegedly ran away and disappeared into the darkness.
The judge’s car, an E300 Mercedes Benz, was reduced to a heap of twisted metal.
Chikwanha told The Mirror that Mawadze who is based at the High Court in Masvingo was coming from a business trip in Zvishavane and was on his way home. He was alone in the car. Said Chikwanha:
<blockquote>
The Judge was coming from a business when he was involved in an accident, 20km from Zvishavane.
I talked to him an hour before the accident. It came as a surprise to me when I learnt that he had been involved in an accident.
I can’t say what he was doing in Zvishavane as you know judges visit courts for different reasons including assessing or holding workshops. All I can say is he was on duty.
</blockquote>
Justice Mawadze declined to comment and referred questions to Chikwanha. The Mirror, however, understands that Mawadze is recuperating at home.
Efforts to get a comment from Midlands Police Spokesperson, Emmanuel Mahoko were futile.
Mawadze was surprisingly sidelined in recent Judiciary service promotions in flagrant disregard of the law.
In terms of the law, Mawadze who is now the most senior Judge at the High Court was supposed to automatically assume the position of acting Judge President when the incumbent Justice George Chiweshe was elevated to the Supreme Court two months ago.
Mawadze was also overlooked when the President eventually made the substantive appointment for the post.
<h4>More: <a href="https://masvingomirror.com/justice-mawadze-in-horrific-car-crash/">The Mirror</a></h4>

High Court Judge In Horrific Car Crash

Prosecutors reportedly want High Court judge<a href="https://news.pindula.co.zw/2020/03/26/high-court-judges-son-arrested-for-murder/"> Justice Garainesu Mawadze’s son Munyaradzi, who is accused of murdering a promoter</a> ‘s bail application to be heard by a retired judge who has no links to the Justice Mawadze, Newsday reports.
When the matter was brought before Justice Webster Chinamhora, the prosecution reportedly made an application for Justice Chinamhora to recuse himself saying he could not deliberate on a case involving his co-worker’s son.
According to the publication:
<blockquote>..when Mawadze’s accomplices, Saungweme and Balani appeared in the High Court early this month seeking bail, Justice Chinamhora recused himself from hearing the matter on the basis that he knew one of the suspects, but yesterday he had taken a position to entertain the bail application which move was opposed by the State</blockquote>
The Judge reportedly moved the case to Tuesday, he is expected to make a ruling on whether he will recuse himself on not then.
More: <a href="https://www.newsday.co.zw/2020/04/state-wants-judges-sons-tried-by-retired-judge/">Newsday</a>

Prosecutors Want Murder Accused Masvingo Judge's Son To Be Tried By A Retired Judge

Unknown assailants reportedly attacked <a href="https://www.pindula.co.zw/Garainesu_Mawadze" rel="noopener noreferrer" target="_blank">Justice Garainesu Mawadze</a>, the Resident Judge at the High Court in Masvingo on Sunday night, while he was on his way from his farm in Mvuma.
The windscreen to his official Discovery 4 was smashed with an unknown object at Mushagashe Business Centre a few minutes after passing the Mushagashe Tollgate.
Justice Mawadze, who was in the company of his sister, was narrowed missed by the object. He reportedly did not stop but drove on.
According to Masvingo Mirror, the matter was reported at Masvingo Rural Police Station under RRB Number 4210849.
In February, Justice Mawadze presided over the treason case against MDC Alliance vice-chairman, Job Sikhala in which the latter was acquitted.
Meanwhile, Justice Mawadze’s 21-year-old son was arrested recently, and last week appeared in court on murder charges.
<h4>More: <a href="http://www.masvingomirror.com/2020/04/justice-mawadze-vehicle-attacked.html" rel="noopener noreferrer" target="_blank">Masvingo Mirror</a></h4>

Judge Who Acquitted Sikhala Attacked In Masvingo - REPORT

High Court judge Justice Garainesu Mawadze’s son, 20-year-old Munyaradzi, <a href="https://news.pindula.co.zw/2020/03/26/high-court-judges-son-arrested-for-murder/">who is accused of robbing and killing a cellphone dealer</a> has appeared before the courts, The Herald reports.
Munyaradzi who is jointly accused with Elvin Dongo Saungweme and Dellon David Balani ‘s lawyer Paidamoyo Saurombe claims Mawadze was tortured by investigating officers to force a confession.
Saurombe said:
<blockquote>He was assaulted and tortured by the police as they compelled him to make confessions. The complaints were also made to the Police Commissioner General and to the High Court where we said the assault of suspects by the police should come to an end.</blockquote>
Mawadze was remanded out of custody to 14 April 2020.
More: <a href="https://www.herald.co.zw/judges-son-appears-in-court/">The Herald </a>

Murder Accused Judge's Son Appears Before The Court

High Court judge <a href="https://www.pindula.co.zw/Garainesu_Mawadze" rel="noopener noreferrer" target="_blank">Justice Garainesu Mawadze’s</a> 21-year-old son and two of his friends have been arrested and charged with murder.
Munyaradzi Junior Mawadze, Elvin Dongo Saungweme (22) and Dylon Balani (22) allegedly assaulted and killed a cell phone dealer in Harare’s Ximex Mall area early this month.
They were detained at Harare Central Police and were set to appear in court this Thursday.
Reports allege that on March 12, the trio approached a cell phone dealer only identified as Sipho around the former Ximex Mall area masquerading as prospective buyers and ‘kidnapped’ him before robbing him of four handsets in Waterfalls.
They allegedly stabbed Sipho to death and dumped his corpse in a bushy area in Ruwa.
Mawadze, who is a first-year law student at the University of Zimbabwe, was caught in Masvingo after detectives were informed that he was the last person to be seen in the company of the late Sipho.
He was interrogated and he admitted to killing Sipho and led detectives to the near decomposed body.
<h4>More: <a href="https://zimmorningpost.com/missing-ximex-mall-dealer-found-dead-judges-son-confesses-to-murder/" rel="noopener noreferrer" target="_blank">Zim Morning Post</a></h4>

High Court Judge's Son Arrested For Murder

<a href="https://www.pindula.co.zw/Job_Sikhala" rel="noopener noreferrer" target="_blank">Job Sikhala</a>, the MDC vice-chairperson, says he will continue fighting for Zimbabweans’ freedom from oppressive ZANU PF rule after allegations that he wanted to topple President Emmerson Mnangagwa were dismissed.
Sikhala made the remarks while speaking to the Daily News on Sunday reporter Blessings Mashaya. Asked about his plans following his acquittal of treason charges by Masvingo High Court judge, Justice <a href="https://www.pindula.co.zw/Garainesu_Mawadze" rel="noopener noreferrer" target="_blank">Garainesu Mawadze</a>, recently, Sikhala responded:
<blockquote>I will continue prosecuting the people’s struggle. The period we are in now does not need individualism. It needs selflessness to the cause of our country.
Our country is transparently under the armpit of a holocaust tyranny.
This tyranny cannot continue to preside over the State of affairs through coercion and bloodshed. This has to come to an end.
And how will it come to an end? I challenge all Zimbabweans to join us in a fight for our freedom.
This is a struggle that no longer calls the MDC alone. It’s now a national project.
The democratic project belongs to all Zimbabweans would they be in villages, schools, universities, military barracks, police camps, prisons, townships, factories, whether you are Zanu PF, MDC, NCA, NDU, or whatever political party, Emmerson Mnangagwa has become the enemy of all of us.
The way he has privatised Zimbabwe cannot be tolerated by a civilised society. The methods of running a State through bloodbath are intolerable and cannot continue any further.
I urge all the people of Zimbabwe to rally behind the clarion call to our freedom.
All this will be demonstrated by the power the people hold…</blockquote>
<h4>More: <a href="https://dailynews.co.zw/ed-regime-cannot-silence-me-sikhala/" rel="noopener noreferrer" target="_blank">Daily News</a></h4>

Sikhala Vows To Continue 'Prosecuting The People’s Struggle'

<blockquote>SIKHALA ACQUITTED OVER PLOT TO OVERTHROW MNANGAGWA’S GOVT
HIGH Court Judge Justice <a href="https://www.pindula.co.zw/Garainesu_Mawadze" rel="noopener noreferrer" target="_blank">Garainesu Mawadze</a> on Friday 14 February 2020 acquitted Zengeza West constituency legislator Hon. Job Sikhala, who had been on trial on charges of plotting to overthrow President Emmerson Mnangagwa’s government.
Justice Mawadze upheld an application filed by Hon. Sikhala excepting to charges of subverting constitutional government as defined in section 22(2)(a)(iii) of the Criminal Law (Codification and Reform) Act.
Hon. Sikhala’s lawyers <a href="https://www.pindula.co.zw/Beatrice_Mtetwa" rel="noopener noreferrer" target="_blank">Beatrice Mtetwa</a>, Jeremiah Bamu, Tinomuda Shoko and Blessing Nyamaropa of <a href="https://www.pindula.co.zw/Zimbabwe_Lawyers_for_Human_Rights" rel="noopener noreferrer" target="_blank">Zimbabwe Lawyers for Human Rights</a> had filed an application excepting to charges of subverting constitutional government arguing that the charges preferred against the opposition MDC Alliance party legislator do not disclose an offence.
Justice Mawadze ruled that Hon. Sikhala’s application for exception is meritorious as the utterances allegedly uttered by the opposition party legislator do not disclose an offence.
The Judge said it would be a sad day if people are to be tried on the basis of semantics and that acting unconstitutionally should go beyond the mere holding of a microphone by an excitable politician at a rally.
Hon. Sikhala was arrested on Tuesday 9 July 2019 and charged with subverting the constitutional government.
When the trial commenced on Monday 3 February 2020, prosecutor Tawanda Zvekare claimed that Hon. Sikhala advocated for the overthrowing of government through unconstitutional means during his address to some MDC party supporters at a political rally held on Saturday 6 July 2019 at Mandadzaka Primary School in Bikita in Masvingo province.
Zvekare also claimed that the Zengeza West legislator wanted to stage a coup with the intention of toppling President Mnangagwa from power.
But Justice Mawadze ruled that there was no reference to any unconstitutional means of removing President Mnangagwa from power in the utterances attributed to Hon. Sikhala and that Zvekare’s bold claim of attempting to stage a coup was bizarre.
In the end, Justice Mawadze acquitted Hon. Sikhala after ruling that he was not guilty of subverting the constitutional government.
ENDS
<h4><a data-sigil="MLynx_asynclazy" href="https://lm.facebook.com/l.php?u=http%3A%2F%2Fwww.zlhr.org.zw%2F%3Ffbclid%3DIwAR3PEvfYczvGlWrMS22ysQBZr7lDHb-xQUmbBLUH0Jp9r5COWPE19kTTydY&amp;h=AT3lX1CP12VyNs9kNxcypUHB6OhGgVw2VAaUPuZ_XvQUCklPpMjArNzxJiSSCpxaTni2o_CTxLNpX3MqNTWAsYQ-sRd5QJOCIcKqcP72R9mhiWNIO2JaeYRhTxE3q0IM-C9cTqWXvXgcUthE27d4q2M" rel="noopener noreferrer" target="_blank">www.zlhr.org.zw</a></h4>
</blockquote>

FULL TEXT: Human Rights Lawyers' Statement On Sikhala's Acquittal

The opposition MDC has castigated the Zimbabwe Republic Police (ZRP) for attempting to link party vice-chairperson <a href="https://www.pindula.co.zw/Job_Sikhala" rel="noopener noreferrer" target="_blank">Job Sikhala</a> to an alleged break-in into Justice <a href="https://www.pindula.co.zw/Garainesu_Mawadze" rel="noopener noreferrer" target="_blank">Garainesu Mawadze’s</a> Harare home.
In a statement, the MDC dismissed a tweet by the ZRP linking Sikhala to the break-in as a “dastardly propaganda ploy”. The statement read:
<blockquote>The <a href="https://www.pindula.co.zw/Zimbabwe_Republic_Police" rel="noopener noreferrer" target="_blank">Zimbabwe Republic Police</a> has just tweeted that they are investigating a case of unlawful entry at the Harare home of Justice Garainesu Mawadze. In the same tweet, the police are implying that MDC vice-chairman Hon. Job Sikhala is involved in the burglary.
We wish to dismiss with the contempt it deserves the dastardly propaganda ploy to link Hon. Sikhala, who appeared before Justice Mawadze in Masvingo on Monday, to the alleged criminal activities at the judge’s home.
This is a shameful attempt to taint the MDC national vice-chairperson, who is already facing trumped-up treason charges. No attempt to tarnish his image will break his spirit.
Zimbabweans know that Hon. Sikhala is innocent. Any cheap attempt to break the spirit of the people’s leadership by linking them to trumped-up criminal activities will not wash.
Zimbabweans are determined to address their challenges. The regime may target the people’s leaders but all such cheap attempts are in vain.
No one can stop an idea whose time has come.</blockquote>

MDC Slams Police For 'Dastardly Propaganda Ploy' Over Break-in At Judge's Home

Unknown people broke into the home of High Court judge Justice Garainesu Mawadze in Harare on Tuesday night in unclear circumstances, according to the <a href="https://www.pindula.co.zw/Zimbabwe_Republic_Police" rel="noopener noreferrer" target="_blank">Zimbabwe Republic Police</a>.
In a statement on Wednesday afternoon, police said coincidentally, Justice <a href="https://www.pindula.co.zw/Garainesu_Mawadze" rel="noopener noreferrer" target="_blank">Mawadze</a> is currently presiding over the trial of MDC national vice-chairperson Job Sikhala. The statement read:
<blockquote>The ZRP is investigating a case of unlawful entry and theft in which Justice Mawadze’s Harare home was broken into last night in unclear circumstances.
Coincidentally, the Hon. Justice is the one who is currently presiding over MDC vice-chairman, Job Sikhala’s trial in Masvingo.</blockquote>
Justice Mawadze postponed <a href="https://www.pindula.co.zw/Job_Sikhala" rel="noopener noreferrer" target="_blank">Sikhala’s</a> treason trial to February 14 when he appeared at the Masvingo High Court on Monday.
This was done to give the court ample time to make a judgement on the defence’s application for an exception.
<h4>More: <a href="https://twitter.com/PoliceZimbabwe/status/1224997888226463744" rel="noopener noreferrer" target="_blank">@PoliceZimbabwe</a></h4>

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