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

The SADC Lawyers Association (SADCLA) has condemned the murder of Mozambican lawyer Elvino Bernardo António Dias in the early hours of Saturday.
Dias, who represented opposition leader Venâncio Mondlane and provided legal services to the PODEMOS political party, was killed alongside Paulo Guambe, a representative of PODEMOS. A woman in the same car was injured.
It is alleged that the attackers fired about 25 bullets at the victims, indicating a clear intent to kill, according to SADCLA. Said SADCLA:
<blockquote>
Killing a lawyer is tantamount to killing the democracy and rule of law. As the legal profession we cannot allow this to happen; lawyers must be free to continue to defend, with all professionalism, human rights and rule of law.
SADCLA strongly condemns this macabre act. SADCLA urges the competent authorities of the Republic of Mozambique to investigate with due speed and professionalism this callous and meticulously prepared crime.
SADCLA hopes that the moral and material perpetrators of this crime will be exemplarily punished and that crimes of this nature do not occur again in our region…
Assuming, from the circumstances in which the murder took place, that it may have resulted from political differences, SADCLA cannot accept that extrajudicial killing is the right solution.
Therefore, together with the Mozambican Bar Association, SADCLA will do everything in its power and leave no stone unturned to fight for justice to be done.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

A top lawyer in Mozambique, Elvino Bernardo António Dias, was shot and killed along with another person. The attackers fired 25 bullets at them. The SADC Lawyers Association (SADCLA) condemned the murder, saying killing a lawyer is like killing democracy. They want the authorities to investigate and punish those responsible. SADCLA and the Mozambican Bar Association will fight for justice. It is believed the murder may be due to political differences. The lawyers want to make sure something like this does not happen again and that justice is served.

Top Mozambican Lawyer Dies In Hail Of Bullets

Prominent Harare lawyer, <a href="https://pindula.co.zw/Simplisius_Chihambakwe">Simplisius Julius Chihambakwe</a>, appeared before Harare magistrate, Marewanazvo Gofa, on Thursday, 19 October, charged with theft of trust property involving US$154 000.
<a href="https://www.newsday.co.zw/local-news/article/200018300/prominent-lawyer-in-court-for-theft">NewsDay</a> reported that Chihambakwe is the first black Law Society of Zimbabwe president.
He is accused of diverting trust money, which was intended to pay for the fees due to the Master of the High Court, in order to finalise the winding up of two deceased estates.
He was granted free bail by the magistrate who remanded him to 22 November pending trial.
The complainant is Tsungirirayi Banga Mandizvidza, who is represented by Allen Kadye.
Mandizvidza is a beneficiary to the estate of her late parents Chrispen Purisa Mandizvidza and Auxillia Maema Mandizvidza.
According to court papers, Chihambakwe was the executor of the two deceased estates.
The court heard that on 20 March 2014, the beneficiaries of the estate resolved to sell some properties to settle the fees due to the Master of the High Court to finalise the winding up of the deceased’s estate.
They resolved to sell two buildings and some equipment and realised US$154 311,20 which information was passed on to the executor to comply according to the request.
The State alleges that the money was deposited into a trust account held by Chihambakwe.
Chihambakwe, however, did not pay the Master’s fees as requested, but allegedly diverted the money to offset outstanding legal fees, ignoring the beneficiaries’ instructions.
Mandizvidza allegedly went on to pay the Master’s fees using her own funds with a view to finalise the winding up of the estates of her late parents.
Chihambakwe allegedly prejudiced the supposed beneficiaries of US$154 311,20. Nothing was recovered.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Prominent Lawyer In Court For Theft Of Trust Property

Harare lawyer Sifiso Mugadza has been barred from legal practice for three years by the Law Society of Zimbabwe (LSZ), reported <a href="https://www.herald.co.zw/lawyer-slapped-with-suspension-over-kickbacks/">The Herald</a>.
Mugadza pleaded guilty to unprofessional conduct when he appeared before the Legal Practitioners’ Disciplinary Tribunal, chaired by High Court Judge Justice David Mangota.
David Kanokanga and Sarah Moyo were the other members of the panel.
Mugadza’s law firm was placed under curatorship for the same three years so his other clients do not suffer from his enforced absence.
LSZ had sought the de-registration of Mugadza but imposed a lesser penalty after he admitted to the charges.
Allegations were that Mugadza practiced under Madanhi, Mugadza and Company Attorneys At Law, in Harare and the law firm was on a panel of law firms used by CBZ and its associated companies.
He would be allocated debt collection and conveyancing work by the bank.
Between July 2016 and October 2018 and on several occasions, Mugadza entered into an illicit deal with Noah Munaki, CBZ’s former manager in charge of recoveries, where the lawyer would pay him 15 to 20 percent of his earned fees.
The payments to Munaki were kickbacks for work allocated to Mugadza.
It was established that during that period a total of 32 payments amounting to US$434 698 were made to Munaki.
The payments were made from Mugadza’s trust account, business, or personal account into the bank account of Munaki’s wife, Coderius Matore.
Mugadza submitted a 10-page mitigation to move the tribunal “not to put his neck under the guillotine”.
In his remarks before sentencing the lawyer, Justice Mangota said his conduct undermined public confidence in the legal profession and his moral blameworthiness was very high. He said:
<blockquote>
The respondent (Mugadza) is suspended from practicing as a legal practitioner, notary public, and conveyancer for a period of three years.
</blockquote>
Mugadza’s law firm will be placed under curatorship for it to continue as a going concern.
The illicit deal between Munaki and Mugadza came to light in 2018 after the bank received an anonymous tip-off.
Munaki was found to be involved in underhand dealings with several of the law firms on the CBZ panel of legal services providers.
Mugadza’s firm was one of the firms involved.
The Law Society of Zimbabwe is responsible for representing and regulating how lawyers and law firms operate in Zimbabwe.
Its membership is drawn from all registered legal practitioners in Zimbabwe in private practice, commerce and civil service.
It is the duty of LSZ to ensure, as far as it is able, that its members measure up to the high standards required of them.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Harare Lawyer Barred For Three Years For Receiving Kickbacks

The Zimbabwe Republic Police (ZRP) has refuted reports claiming that lawyer Kudzayi Kadzere was assaulted by police officers whilst attending to some members of the opposition CCC who were arrested and detained at Budiriro 2 Police Station on Saturday, 14 January 2023.
In a statement, ZRP national spokesperson Assistant Commissioner Paul Nyathi said Kadzere jumped off a moving police vehicle and sustained injuries. Reads the statement:
<blockquote>
<h2>CLARITY BY THE ZIMBABWE REPUBLIC POLICE ON ALLEGATIONS OF ASSAULT ON LAWYER, KUDZAYI KADZERE</h2>
The Zimbabwe Republic Police wishes to set the record straight and clarify the exact position with regards to allegations of assault on lawyer, Kudzayi Kadzere by police officers.
It is a fact that the Citizens Coalition for Change (CCC)’s Costa Machingauta convened an unsanctioned gathering at house number 9293 Mvumba Crescent, Budiriro 5A, Harare.
The local Zimbabwe Republic Police station received information and reacted to the scene.
Police Officers observed that nearly 500 supporters had gathered for the meeting clad in their party regalia.
The supporters had blocked Mvumba Crescent, Dehwe Road, Magodo Road and Budiriro OK Rank.
This affected the movement of motorists and other members of the public who wanted to pass through.
The police officers engaged Costa Machingauta to disperse the supporters. 
However, there was open resistance, with supporters chanting obscene and derogatory songs to the police officers.
In the process, the CCC youths went on to damage the doors of a certain house as they resisted arrest and allegedly stole a cellphone.
Twenty-four supporters were arrested. Costa Machingauta escaped arrest and later on handed himself to the police on 18th January 2023.
Suddenly Kudzayi Kadzere appeared on the scene in a private vehicle and clashed with the Police Reaction Group members who were taking the suspects to Budiriro Police Station.
Kudzayi Kadzere was then arrested for contravening section 46 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He was then put in the police truck.
In a bid to resist arrest, Kudzayi Kadzere jumped off the police truck. He sustained an injury on the right hand.
Police officers rearrested Kudzayi Kadzere and took him to Budiriro Police Station.
On arrival at the police station Kudzayi Kadzere openly declined to lodge a report against police officers.
He insisted that he was not assaulted by the police officers during the misunderstanding. Kadzere was then released to seek medical attention.
On the 15th of January 2023, Kudzayi Kadzere came back to Budiriro Police Station and had his warned and cautioned statement recorded.
On 17th January 2023, Kudzayi Kadzere changed his mind. He made a report of assault and theft at Budiriro Police Station.
This is despite the fact that he had initially declined to make a police report on the 14th of January 2023. The case is now under investigation.
It is clear that the information given to CCC members and later posted on social media platforms is tailor-made to suit a certain agenda whilst ignoring the real facts on the ground.
Kudzayi Kadzere knows the truth about what actually transpired between him and the police officers.
The Zimbabwe Republic Police has engaged Kudzayi Kadzere from 14th January 2023 up to the time he decided to change his mind.
The public should take note that, what Kudzayi Kadzere said to the police and the information which he is allegedly giving to the media, his peers and CCC leadership are not consistent.
The Zimbabwe Republic Police reaffirms its readiness to interact and engage members of the legal fraternity in an open and transparent manner without facts being twisted to suit various agendas.
</blockquote>

Zimbabwe Police Deny Assaulting Lawyer, Say He Jumped Off Moving Vehicle

Zimbabwean activists have expressed shock following the assassination of Eswatini human rights lawyer Thulani Maseko, who was the Chairperson of the MultiStakeholder Forum (MSF).
Maseko was allegedly shot dead at his home on Saturday 21 January in the evening.
<a href="http://www.swazilandnews.co.za/fundza.php?nguyiphi=3732">Swaziland News</a> quoted Maseko’s wife, Tanele Maseko, as confirming the death of the prominent lawyer. She was quoted as saying:
<blockquote>
It’s true, Thulani has been killed, bashaye waphola Nkhosi. Ubobuye ushaye kwanyalo kusenemaphoyisa.
</blockquote>
According to Swaziland News, Maseko’s death came a few hours after King Mswati III warned those calling for democracy that his mercenaries would deal with them.
Hopewell Chin’ono <a href="https://twitter.com/daddyhope/status/1617089298209116160">tweeted</a>:
<blockquote>
The tragic assassination of Swazi human rights lawyer, Thulani Maseko is a chilling reminder of how the Corrupt political elites are prepared to do anything to shut down pro-democracy voices.
He was shot yesterday in his home, all because he fought for democracy in Eswatini.
</blockquote>
Deprose Muchena described Maseko’s assassination as cold-blooded murder. <a href="https://twitter.com/DeproseM/status/1617062293853900801">He tweeted:</a>
<blockquote>
Completely devastated after hearing news of the assassination of a dear friend &amp; #Swaziland’s leading human rights lawyer, Thulani Maseko.
He was gunned down in his home, sitting in his living room. This cold-blooded murder is a chilling reminder of what #Eswatini has become.
</blockquote>
Elvis Mugari <a href="https://twitter.com/hon_mugari/status/1617066343718682624">wrote</a>:
<blockquote>
I extend my sincere condolences to the Maseko family on the tragic passing of Thulani Maseko, a leading human rights lawyer and pro-democracy activist who was shot dead yesterday evening at his house.
</blockquote>
Kudzaishe Gladys Hlatywayo <a href="https://twitter.com/gladyshlatywayo/status/1616966754093203459">wrote</a>:
<blockquote>
I have just received the devastating news that prominent Swazi human rights lawyer Thulani Rudolf Maseko was shot and killed by suspected King Mswati hitmen at his home this evening.
I am devastated 😭😭😭😭He was a dear brother and comrade in the fight for democratic world order.
</blockquote>
Takudzwa Ngadziore <a href="https://twitter.com/ngadziore/status/1617057514004123648">said</a>:
<blockquote>
SAD! Waking up to such devastating news. The murder of Thulani Rudolf Maseko a Human Rights Lawyer in Swaziland is inhumane, criminal &amp; evil.
My last memory with him is our conversation when planning the African Social Movements (ASM) Baraza held in Johannesburg.
During this period Cde Thulani informed that the house of the President of PUDEMO, Comrade Mlungisi Makhanya had been burnt down.
And he was saying let’s speak out in SOLIDARITY! Well, Cde Brother, now they’ve taken your life &amp; we are left in pain.
Yes, we shall speak out BUT Justice MUST &amp; SHOULD be Served! The sanctity of human life can never be ruled out because authoritarianism is suffocating the democratic space.
Rest in Peace Comrade Brother! The gap will surely be felt. We shall miss the voice that speaks for the people. The love!
</blockquote>
Fadzayi Mahere <a href="https://twitter.com/advocatemahere/status/1617087565747884032">said</a>:
We extend our sincere condolences to the Maseko family on the tragic passing of Thulani Maseko, a leading human rights lawyer &amp; pro-democracy activist who was shot dead yesterday evening at his house in Eswatini/Swaziland. May he rest in peace.
Makomborero Haruzivishe <a href="https://twitter.com/MakomboreroH/status/1617071989092675587">wrote</a>:
<blockquote>
King Mswati’s agents knocked on human rights lawyer Thulani Maseko’s door, he opened &amp; they shot him point blank in front of his wife &amp; kids.
The assassination of @maseko_r by @EswatiniGovern1 must be condemned by all. This evil monarchy must fall &amp; let the people be free!
</blockquote>

Zimbabwean Activists Outraged Over Assassination Of Eswatini Lawyer

The SADC Lawyers Association (SADC-LA) has condemned the brutal assault of Zimbabwe lawyer Kudzai Kadzere by police officers on Saturday, 14 January.
Kadzere was assaulted by the police in Harare while attending to Citizens Coalition for Change (CCC) organising secretary Amos Chibaya and some 24 party activists who had earlier been arrested for holding an unsanctioned meeting in Budiriro.
In a statement signed by SADC-LA CEO Stanley Nyamanhindi, the lawyers urged the Zimbabwean government to ensure that the rights of citizens are upheld at all times. Reads the statement:
<blockquote>
1. SADC-LA deeply regrets and strongly condemns the attack on lawyer Mr Kudzai Kadzere in Harare, Zimbabwe by members of the Zimbabwe Republic Police (ZRP) on the 14th of January 2023.
2. On the said date, Mr Kadzere was representing his clients who are members of a political party in Zimbabwe and he was acting within the scope of his mandate as a licenced legal practitioner of the courts of Zimbabwe. The right to legal representation is guaranteed in the constitution of Zimbabwe.
3. The perpetration of violence by police on an unarmed civilian acting in a professional capacity to uphold the constitutional rights of other citizens presents the highest level of disregard for the rule of law.
4. SADC-LA implores the Government of Zimbabwe and the responsible Ministers to swiftly ensure the protection of lawyers and other key stakeholders such as journalists in the discharge of their mandate. Further, to hold to account those responsible for the unsanctioned violation of Mr Kadzere and his clients’ constitutionally enshrined rights.
5. The acute escalation of violence in a period shortly preceding a crucial election for Zimbabwe warrants deep concern. SADC-LA calls on SADC and the AU to provide swift and adequate support to the Government of Zimbabwe, and relevant stakeholders to ensure a neutral environment for the enforcement and enjoyment of all human rights.
6. This is in accordance with the African Charter on Democracy, Elections and Governance (ACDEG), the UN Basic Principles on the Role of Lawyers as well as Zimbabwe’s own constitution.
</blockquote>

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