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

Former ZANU PF Mashonaland West chairman Temba Mliswa has warned that the Zimbabwe Republic Police (ZRP) risks becoming a mercenary unit that can be paid to fight private battles.
Mliswa made these comments following the recent arrest of Owen Madondo, also known as DJ Ollah 7, for alleged cyberbullying. 
The allegations stemmed from remarks made by guest Mukudzei Chatsama, better known as Holy Ten, during a podcast, which Mudiwa Hood claimed caused him distress and humiliation.
However, the National Prosecuting Authority (NPA) decided not to pursue charges after determining that Madondo, as the podcast host, did not intend to harass or bully. 
The NPA said the comments were made by Madondo’s guest during a live broadcast, and therefore, Madondo could not be held responsible for the alleged harm.
Mliswa, sharing a picture of himself with DJ Ollah 7, suggested that some police officers might have been bribed to make the arrest. He wrote on X:
<blockquote>
We are currently experiencing a wave of monied people paying the police to arrest their supposed adversaries.
The ZRP are reducing themselves into a mercenary unit which anyone can pay to fight private battles. We have seen the same with the Chimombe and Mpofu case.
The easy target would be to say it’s politics but it’s not. It’s simply someone with money using it to wage a private battle!
</blockquote>
Mike Chimombe and Moses Mpofu have been in prison since June 2024, following their arrest on allegations of fraud. 
The arrest came after clashing with Wicknell Chivayo, during which they leaked conversations in which Chivayo allegedly boasted of having President Emmerson Mnangagwa in his pocket.

Temba Mliswa is worried that the police in Zimbabwe might start working as mercenaries for money, after DJ Ollah 7 got arrested. DJ Ollah 7 was accused of cyberbullying for something his guest said on a podcast. But the National Prosecuting Authority decided not to press charges. Mliswa thinks some police officers might have taken bribes for the arrest. He mentioned another case where people were arrested after a conflict with someone powerful. Mliswa is concerned that rich people are using money to fight their battles through the police.

Mliswa Says ZRP Risks Becoming Mercenaries After DJ Ollah 7's Arrest

The National Prosecuting Authority (NPA) on Monday, 24 March, opted not to pursue charges against Owen Madondo, better known as DJ Ollah 7, following his recent arrest in connection with alleged cyberbullying.
The allegations were raised by Mudiwa Hood, who claimed that remarks made by guest Mukudzei Chatsama, also known as Holy Ten, during a podcast caused him distress and humiliation.
Despite this, the NPA concluded that Madondo, in his capacity as the podcast host, did not exhibit the intent to harass or bully.
The comments in question were made by his guest during a live broadcast, which led the NPA to determine that Madondo was not responsible for the alleged harm. Said the NPA:
<blockquote>
While the complainant expressed a wish not to pursue the matter further, the Prosecutor General has the final authority in deciding whether charges are withdrawn, in accordance with NPAZ Prosecutorial Guidelines. 
Victims of crime or complainants do not have the power to end criminal court processes this decision rests with the Prosecutor General.
</blockquote>
During a podcast interview with DJ Ollah 7, Holy Ten made explosive allegations against Hood, born Ian Mutandwa, and Uebert Angel, Zimbabwe’s Ambassador-at-Large to Europe and the Americas.
He claimed that Hood took a gun and condoms to church and that Angel repeatedly asked him to find young women for his personal pleasure.
Holy Ten also recalled an incident during a visit to Angel’s church, where he alleges that Hood showed him a gun and then revealed a stash of condoms from his bag. He said:
<blockquote>
I swear I will never go back to that church again. You can even ask my crew. Those people are not who they claim to be.
I was first inspired to pray by Uebert Angel. I used to watch his sermons. But for him to turn into someone who asks me to find ‘slay queens’ was the worst thing ever.
</blockquote>
Earlier reports suggested that Hood withdrew the charges after both Holy Ten and DJ Ollah 7 issued apologies.
However, the truth is that the State declined to prosecute DJ Ollah 7 because no crime was committed on his part.

The National Prosecuting Authority (NPA) decided not to charge DJ Ollah 7 for cyberbullying after a complaint from Mudiwa Hood. The NPA said DJ Ollah 7 did not intend to bully. This was because the harmful comments were made by a guest on his podcast, not him. The NPA explained that victims can't end court processes, only the Prosecutor General can. Holy Ten accused Hood and Uebert Angel of bad things during the podcast. Hood later dropped the charges. The NPA didn't prosecute DJ Ollah 7 because they found he did nothing wrong.

National Prosecuting Authority Declines To Prosecute DJ Ollah 7

The National Prosecuting Authority of Zimbabwe (NPA) has reaffirmed its commitment to operating independently and upholding the rule of law with diligence and integrity.
In a statement released on Wednesday, February 5, the NPA said that it focuses on thoroughness in its processes and does not rush to bring matters to trial if they are incomplete or lack sufficient evidence.
The NPA works closely with investigative agencies to support their efforts in ensuring successful prosecutions.
This statement follows criticism from the Zimbabwe Anti-Corruption Commission (ZACC), which on Tuesday condemned the NPA’s decision to withdraw fraud cases against several senior Harare City Council officials.
Questions were raised after the acquittal of town clerk Hosiah Chisango and five others involved in a US$9 million tender fraud case, which also includes Moses Mpofu and Mike Chimombe, who are currently incarcerated.
In response, the NPA said that successful prosecutions depend on the quality of investigations, in what appears to be criticism of ZACC. It said:
<blockquote>
The success of prosecution is directly linked to the quality of conducted investigations. NPAZ takes pride in presenting only ready and complete matters in court, adhering to high standards and constitutional responsibilities.
The decision on how to proceed with cases rests on our constitutional prerogative to initiate criminal proceedings, and we are dedicated to fostering productive partnerships with supportive government agencies for a robust justice system.
</blockquote>
The NPA also disclosed that it received 314 dockets from the Zimbabwe Anti-Corruption Commission.
It added that while not all of these cases were immediately ready for trial, they have been thoroughly reviewed and are being scheduled for prosecution.

The National Prosecuting Authority of Zimbabwe (NPA) said it works independently to follow the law and bring justice by thoroughly investigating cases. The NPA responds to criticism from the Zimbabwe Anti-Corruption Commission (ZACC) about dropping fraud cases. They believe in quality investigations for successful prosecutions and have received many cases from ZACC to review. The NPA takes pride in only bringing complete cases to court and wants to work well with other government agencies for a strong justice system. They are committed to prosecuting cases efficiently and fairly to uphold the law.

NPA Responds To ZACC's Criticism

The Midlands Province has the highest rate of murder cases in the country, with 90% of these incidents involving lethal weapons, according to the National Prosecution Authority (NPA).
In a recent series of murder cases handled by the courts, some offences involved police officers, including a case involving Officer Mitch Tafirenyika.
Tafirenyika, who was aged 28 at the time he committed the offence, was accused of murder and appeared before a Gweru magistrate last week.
He had been part of a special unit assigned to apprehend two armed robbery suspects, Tichaona Muzhanduki and Doubt Munsaka, at a local farm. Said the NPA:
<blockquote>
Tafirenyika and a colleague were armed with service rifles and proceeded to the farm, where upon arrival they split into four groups and surrounded the house. The now-deceased opened the door after the police had knocked on the door.
</blockquote>
Tafirenyika immediately opened fire and shot the deceased in the chest and arms, killing him instantly. He will receive his sentence this Friday.
In another case, a 34-year-old man was sentenced to life in prison for two counts of murder. Courage Hwami appeared before the High Court in Gweru, facing charges of murder and attempted murder.
The first count pertains to an incident on December 4, 2023, involving Hwami, a 19-year-old victim, and a complainant at the Vhudzijena Night Club in Mkoba 16 Business Centre.
During their time at the club, a misunderstanding escalated between Hwami and the deceased. Reads the document:
<blockquote>
The two fought, and the security officer at the club restrained them. After a while, the accused person charged towards the deceased, who was with the complainant, and stabbed him with a Columbia knife once on the left side of the chest and the back.
</blockquote>
Hwami gave chase to the complainant and stabbed him once in the chest outside the bar before fleeing the scene. The deceased died on the spot as a result of the attack.
Hwami was eventually arrested, tried, convicted and sentenced to life in prison for the first count of murder and was given an additional 10-year sentence for count two.
In yet another case, a 20-year-old Shurugwi man was sentenced to 15 years imprisonment for killing his cousin over a plate of sadza. Said the NPA:
<blockquote>
Tawanda Chinyati (20) appeared before the High Court sitting at Gweru on murder charges. The accused person and the now-deceased are cousins.
On 24 February 2024 the accused person and the now deceased, aged 23 at the time the offence was committed, were at home where supper was served. 
The family of four was supposed to eat in pairs. The deceased refused to share his plate saying that he was the eldest.
The accused person and the other two shared one plate and the deceased ate alone. When the now deceased finished his food he joined the other three and started eating their food.
An argument arose between the accused person and the now-deceased and the now-deceased slapped the accused person once on the face.
The accused person walked away and returned with a flick knife which he used to stab the now-deceased once in the chest before fleeing the scene.
The deceased was taken to Shurugwi District Hospital where he was pronounced dead.
The accused person was convicted and sentenced to 15 years imprisonment.
</blockquote>
In Mvuma, Trust Khaki was convicted and sentenced to 30 years in prison for the murder of his 15-month-old daughter.
The crime occurred in 2021 when his wife left the infant in his care while she went to collect the family’s share of social welfare donations. Said the NPA:
<blockquote>
When the deceased’s mother returned, she found the accused holding the deceased, who was struggling to breathe, with bruises on her chin, a swollen left side, a bump on her forehead, and a scratch on her back.
The deceased was rushed to her grandmother, where they established that she was already dead.
</blockquote>
It was discovered during investigations that the deceased had been struck once on the head with a blunt object and several times all over the body with an unknown object. It was also established that the deceased had been sexually abused.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The Midlands Province has the most murder cases, many involving weapons. A police officer, Tafirenyika, shot and killed someone. Another man, Hwami, stabbed two people at a club. Chinyati killed his cousin over food. Trust Khaki was convicted for killing his daughter. The daughter had injuries and was sexually abused. These cases show how serious and dangerous murder is, and people can go to jail for a long time for committing such crimes. It is important to always resolve conflicts peacefully and not resort to violence.

Midlands Province Tops Murder Cases, 90% Of Killings Involve Lethal Weapons

A 37-year-old woman from Zvimba District, Mashonaland West Province, appeared before the Chinhoyi Magistrates Court on Monday facing attempted murder charges.
According to the National Prosecuting Authority, the accused person allegedly prepared food laced with poison and gave it to her daughter to give to her peers at Matoranhimbe Primary School. Six children at the school ate the food and suffered stomach complications.
The accused person was remanded in custody on the 20th of June for bail application.
On Sunday, Zimbabwe Republic Police (ZRP) spokesperson Commissioner Paul Nyathi said eight learners fell sick on Friday after eating rice and soup at the school.
Comm Nyathi said the learners allegedly started vomiting while complaining of stomach pains after they had consumed rice and soup which had been packed in a lunch box.
They were ferried to Murombedzi Rural Hospital for treatment. He added:
<blockquote>
Investigations carried out by the police revealed that a fellow school pupil brought the lunch box which contained home-prepared food after being given two lunch boxes by her parent. The parent gave her instructions on how to share the food.
</blockquote>
Some people say parents should teach their children not to eat everywhere, and authorities should investigate possible bullying at the school, which may have led the parent to take drastic action.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zvimba Woman Faces Attempted Murder Charges For Poisoning Schoolchildren

The National Prosecuting Authority (NPA) has responded to allegations of corruption raised by former Norton Member of Parliament, Temba Mliswa, against a Chegutu-based prosecutor, Abigal Fana.
In a statement issued this Tuesday, 14 May 2024, the NPA said that it takes the allegations seriously as they may affect the public’s confidence in the country’s criminal justice delivery system.
The NPA, however, said that in the case cited by Mliswa, the decision not to place the accused person on remand was made after careful consideration by authorities. The statement reads in part:
<blockquote>
The Prosecutor General Hon Loyce Matanda-Moyo and the National Prosecuting Authority (NPAZ) take note of the concerns raised by Mr Themba Mliswa regarding how the criminal case of S v TATENDA GWINJI (a fraud case) was handled.
The complaint raises allegations of corruption against a member of our prosecutorial team. We understand that these accusations are very serious and could affect the public’s confidence in our criminal justice delivery system.
In line with our unwavering commitment to the rule of law and the pursuit of justice, we wish to assure the public that we are taking these allegations very seriously.
The NPAZ reiterates that it does not tolerate corruption within its ranks and urges anyone with evidence of such misconduct to come forward.
Concerning this particular case, the decision not to place the accused person on remand was made after careful consideration by the Prosecutor in Chegutu, in consultation with the Chief Public Prosecutor in charge of Mashonaland West Province.
This decision allows for a comprehensive investigation to be conducted, ensuring a thorough assessment of all the evidence before proceeding.
The complainant’s rights are not prejudiced by this decision, and investigations will continue to allow us to determine whether to proceed to trial or not. The NPAZ remains committed to ensuring a fair and just outcome for all parties involved in this case.
Historically, the criminal justice system has been misused by individuals attempting to resolve civil disputes. This practice has led to the waste of valuable resources and hindered the pursuit of genuine criminal investigations.
The NPAZ is committed to restoring public trust by focusing on the timely and effective prosecution of criminal matters and not civil matters.
The NPAZ maintains a zero-tolerance policy on corruption. Any allegations of misconduct will be thoroughly investigated, but concrete evidence is required to initiate such investigations. Publicly accusing prosecutors without evidence damages their reputations and that of the NPAZ.
We understand and appreciate the public’s desire for swift action and accountability. However, we urge all stakeholders to exercise patience and allow due process to unfold without undue interference or speculation.
Premature conclusions based on unverified information can inadvertently compromise the fairness and integrity of the legal process.
To maintain transparency and public confidence, we will provide timely updates on the progress in this case, while adhering to ethical guidelines.
We encourage citizens to report corruption responsibly to avoid the dissemination of unconfirmed claims that may unduly prejudice the outcome of the investigation.
</blockquote>
Below is Temba Mliswa’s post on X (formerly Twitter) which the National Prosecuting Authority responded to:
<blockquote>
CATCH &amp; RELEASE: I have experienced this&amp; testify that the problem is with the Prosecutor General’s Office not ZRP.
The Prosecutor of Chegutu Abigail Fana, has been there for over 5 years during which he has been known for corruption. I experienced it in the Tatenda Gwinji case.
Gwinji couldn’t pay for a vehicle and through two payments: US$25K to the Chegutu RDC and US$10K to some lawyers whose services he had used and failed to pay for. I bailed him out in exchange for a vehicle. Now he gets out of jail and yet refuses with the vehicle!
I then reported to the ZRP and would like to thank the Propol for Mash West, Nyazema who acted swiftly. Gwinji was tracked and arrested.
As the amount involved was over US$35K the case was meant for the Commercial Crimes Unit, out of the jurisdiction of the Chegutu office.
However, that didn’t happen as, clandestinely the matter was brought before the court on Friday instead of next week Monday as I had been told.
In my absence and without knowledge Gwinji was released and Prosecutor Abigail Fana agreed to proceed by way of summons.
I, the complainant, was kept out of the loop &amp; my side of the story wasn’t sought. This is a travesty of justice&amp; will fight this to the fullest.
Fana has been complicit in a lot of shady deals and even benefitted land through Gwinji during his time as Chegutu RDC Chairperson.
We need to fight such people and I have confidence in the new Prosecutor General Justice Matanda-Moyo having seen her exploits at ZACC that she will deliver. I have been advocating against corruption for long and will not be cowed down by such.
One apparent exhibition of the corrupt system in Chegutu is how there hasn’t been a by-election for Gwinji’s Ward despite him having served a 6-month sentence in jail.
The law is clear for office holders in such scenarios as it demands a by-election by virtue of such a sentence.
I encourage all those who have been sabotaged through this Chegutu Prosecutor’s Office corrupt network to contact me.
Don’t be afraid, let’s deal with this rot and clean the system. Corruption is the evil at our country’s core.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

NPA Dismisses Mliswa's Corruption Allegations Against A Public Prosecutor

The National Prosecuting Authority of Zimbabwe (NPA) has confirmed the arrest of Tsholotsho Rural District Council (RDC) chief executive officer Nkululeko Sibanda (55) and finance executive Brighton Malandule (51), who is a former ZIFA board member, on corruption allegations.
In a statement, NPA said the two accused persons appeared at Hwange Magistrates’ Court facing 5 counts of criminal abuse of office and were each granted ZWL$1.2 million. Read the statement:
<blockquote>
COUNTS OF CORRUPTION FOR TSHOLOTSHO
Tsholotsho Rural District Council (RDC) chief executive officer Nkululeko Sibanda (55) and finance executive Brighton Malandule (51) appeared at Hwange Magistrates’ Court facing 5 counts of criminal abuse of office.
It is the State’s case that on 19 October 2019, Tsholotsho RDC through accused one entered into a contract with Makhadu Marketing for installation of a borehole worth ZWL164 260 without following due processes.
Accused one authorized the processing of the full payment of the cost of the borehole before the contractor had fulfilled the terms of contract.
Accused two effected payments without carrying out due diligence.
In June 2021 accused one, without following procurement procedures sought quotations from 2 suppliers for fitting up a new solar pump at Mgomeni Primary School.
He went on to authorize processing of payment of USD1930 to Arnorene Enterprises Private Limited and accused two effected transfers of funds without carrying out due diligence.
In November 2021 and May 2022, Tsholotsho RDC engaged Arnorene Enterprises to do borehole maintenance at 3 sites in the council’s Ward 7 and went on to process payments amounting to ZWL164 000 and ZWL55 000 respectively, to Arnorene Enterprises, without following due processes.
On 10 April 2023, Tsholotsho RDC contracted Papcastle Services Private Limited to do motor vehicle repairs worth USD7 699 without obtaining authority to engage in a direct procurement from the Procurement Regulatory Authority of Zimbabwe.
The accused persons processed payment amounting to USD7 000 between 13 May 2023 and 11 July 2023 without carrying out due diligence.
The two were arrested by the Zimbabwe Anti-Corruption Commission (ZACC) following a tip-off from a whistleblower.
Accused persons were granted ZWL1 200 000 bail each. The matter was remanded to 5 February 2024 pending finalization of investigations by ZACC.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Former ZIFA Boss' Arrest... Fresh Details Emerge

The National Prosecuting Authority (NPA) says it is investigating more than 100 people suspected of having illegally acquired assets worth US$70 million through money laundering and other illicit financial deals.
NPA spokesperson Angeline Munyeriwa told <a href="https://www.sundaymail.co.zw/npa-probes-100-over-us70m-ill-gotten-wealth">The Sunday Mail</a> that they are making more applications for unexplained wealth orders.
She said currently, there are 30 cases where “assets involving US$20 million are pending further investigations”.
There are also 12 court applications for forfeiture of assets valued at US$15.5 million have been filed.
Furthermore, the NPA also has 21 asset forfeiture cases, where they expect to seize properties worth US$10.8 million through the Asset Forfeiture Unit (AFU).
Munyeriwa said a request for international cooperation for the recovery of assets worth US$2.7 million is underway, as well as investigations into properties valued at US$3 million.
She said the NPA was handling 25 cases with preservation court orders for assets worth US$9.3 million.
A preservation order is a legal document instructing the person under investigation not to destroy property, alter or delete any documents helpful to the sender. It prevents spoliation – destruction, alteration or mutilation of evidence. Said Munyeriwa:
<blockquote>
Five appeals against forfeiture orders worth US$1,4 million and two appeals against reinstatement of warrant of arrest are filed at the Supreme Court.
There is another application for declaration of constitutional invalidity of the Money Laundering and Proceeds of Crime Civil Forfeiture Provisions, which is pending at the Constitutional Court.
Assets involved in the Constitutional Court case involve US$250 000.
</blockquote>
Moreover, the NPA said the Prosecutor-General filed an appeal against the release of exhibits worth US$300 000 at the High Court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

NPA Investigates 100 Over US$70 Million Unexplained Wealth

The National Prosecuting Authority (NPA) says it will appeal the decision of the High Court to acquit Citizens Coalition for Change (CCC) activists Joanna Mamombe and Cecilia Chimbiri who were being accused of falsely accusing the state of abducting and torturing them back in 2020.
Mamombe and Chimbiri, who were initially charged with fellow party activist Netsai Marova who skipped the country over alleged persecution, were accused of faking their abduction to soil the government’s image.
They were accused of publishing falsehoods.
In a statement released on Wednesday, 05 July, the NPA said it will appeal Harare High Court judge, Priscilla Munangati Manongwa’s decision to acquit the duo.
The NPA said the judge erred in reaching the not guilty verdict. Reads the statement:
<blockquote>
The State will be appealing the decision of the High Court in the case of Joana Mamombe and Cecelia Revai Chimbiri versus the Chief Magistrate F Mushure NO and the State The State is of the considered view that the judgment is defective for want of compliance with the High Court Act (Chap 7:06) as well as precedent which provides that another Judge must concur with the presiding Judge before the judgment is handed down.
The State is also contending that the Judge grossly misdirected herself by interfering with the unterminated proceedings from the lower court as the termination of proceedings in this case was unjustified.
Furthermore, the State is certain that another court presented with the same facts might come to a different conclusion.
</blockquote>
In her ruling, Justice Manongwa said the state case was full of “malice and falsehoods” in its pursuit of the case.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

NPA Says Will Appeal Mamombe, Chimbiri Acquittal

Public prosecutors across the country are planning to go on strike starting on 20 April to push their employer, the National Prosecuting Authority (NPA), to restore their 2018 salaries.
According to <a href="https://www.newzimbabwe.com/prosecutors-demand-us900-salary-ahead-of-planned-strike-npa-threatens-dismissal/">NewZimbabwe.com</a>, the pay entry level for a junior prosecutor in 2018 was US$899.
Currently, junior prosecutors earn ZW$100 000, which is equivalent to US$100, plus an additional U$200 government allowance.
Prosecutors are accusing the NPA of neglecting the welfare of low-ranking staffers while senior law officers in the grade of chief or provincial public prosecutors have numerous benefits.
Chief or provincial public prosecutors reportedly earn in the range of ZWL$2 million and ZWL$3 million.
They get fuel coupons for their allocated double cab vehicles, Isuzus, Toyota Fortuners, or Ford Everest.
The Prosecutors’ Association of Zimbabwe (PAZ) notified their employer of their intention to strike in a letter dated 5 April 2023.
PAZ demanded that the NPA urgently address concerns or face a nationwide strike starting on 20 April. Wrote PAZ:
<blockquote>
This serves as formal notice to engage in collective job action in terms of section 104 of the Labour Act.
This is also based on a poll that has been endorsed by members who cast votes.
We also take cognisance of the fact that we do not fall under any of the exceptions which ban employees from engaging in collective job action.
We appreciate that the grounds for giving such notice must be matters of a dispute of interest as required by law.
</blockquote>
The issues prosecutors want to be addressed include salary review based on 2018 rates, payment of responsibility and retention allowances for public prosecutors who head stations, and promotions of deserving individuals. Said PAZ:
<blockquote>
Hence our position is that if the above issues are not attended to within 14 days as required by the law, public prosecutors will engage in collective job action on the 20th of April 2023.
</blockquote>
However, NPA Acting Secretary Tafadzwa Mupariwa, representing Acting Prosecutor-General Nelson Mutsonziwa, warned the prosecutors of unspecified action if the strike goes ahead. He said:
<blockquote>
The Authority notes that the notice is fatally defective at law and therefore a nullity. The PAZ has been advised.
In light of the defects in the notice for industrial action, be advised that any industrial action based on that defective notice is unlawful.
</blockquote>
Mupariwa said the NPA was working on improving the conditions of service and the general welfare of staffers. He said:
<blockquote>
These include the provision of station vehicles, whose pilot project has seen the distribution of 19 brand-new Isuzu single-cab vehicles.
The next stage is now the provision of vehicles and conditions of service for prosecutors in charge of stations.
This is a phased approach and we hope to equip all the stations progressively.
</blockquote>
The NPA said engagements with Treasury were ongoing with a view to a 100% salary increment effective 01 April 2023.
It said talks with local councils would see prosecutors allocated housing stands.
Sector-specific allowances were also being tabled for adoption, the NPA said.
In 2022, <a href="https://zero.pindula.co.zw/some-prosecutors-losing-their-minds-due-to-drug-abuse/">the NPA said drug and alcohol abuse among public prosecutors was so rampant</a> that some were losing their minds.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Prosecutors Plan Nationwide Strike, Demand US$900 Salary

The National Prosecuting Authority (NPA) has applied to the High Court challenging the cancellation of a warrant of arrest for businessman Frank Sadiq Buyanga by Harare provincial magistrate, Judith Taruvinga.
Taruvinga on Monday last week rescinded her ruling because a low-ranking police officer, Sergeant Lilybirth Ndlovu, erroneously applied for the warrant of arrest.
Buyanga’s lawyer Admire Rubaya told the court that the Criminal Procedure and Evidence Act stipulates that a police officer applying for an arrest warrant should be at least at the rank of inspector or an assistant inspector in charge of a police station.
But Prosecutor-General Nelson Mutsonziwa wants the High Court to set aside Taruvinga’s judgment, arguing that the warrant was cancelled without following due process.
Mutsonziwa cited Taruvinga and Buyanga as the first and second respondents, respectively. He submitted:
<blockquote>
The court presided over a matter in which it lacked jurisdiction to cancel a warrant of arrest after it had been executed by law enforcement authorities of the Republic of South Africa under an extradition request made to it by the Republic of Zimbabwe.
There was a gross irregularity in the proceedings or the decision of the court in that the court perpetuated contempt of court by the second respondent by granting his legal practitioner audience in circumstances where the High Court, Supreme Court and Constitutional Court of Zimbabwe, respectively found him to have dirty hands and consequently denied him an audience.
</blockquote>
The matter will be heard this Monday at the High Court before Justice Pisirayi Kwenda.
Buyanga was arrested in South Africa on 10 November 2022, on charges of child trafficking, immigration violations, forgery, and contempt of court.
His arrests emanated from a protracted child custody dispute with his ex-girlfriend Chantelle Muteswa.
There are two other warrants of arrest against Buyanga — one issued by High Court judge Justice David Mangota and the other by Justice Jacob Manzunzu.
Buyanga recently claimed that President Emmerson Mnangagwa and his family are involved in his legal woes.
He said that his former girlfriend is being used by Mnangagwa and his family to get to him. | <a href="https://www.newsday.co.zw/news/article/200003893/npa-challenge-cancellation-of-buyangas-arrest-warrant">NewsDay</a>

NPA Challenge Cancellation Of Buyanga’s Arrest Warrant

Drug and alcohol abuse among National Prosecution Authority (NPA) workers is so rampant that some are losing their minds.
This was revealed in the NPA strategic plan review 2022 governance and administration report from January to October prepared by the acting secretary Tafadzwa Mupariwa. He said:
<blockquote>
There is a surge in drug and alcohol abuse in the National Prosecution Authority as some prosecutors and support staff are losing their minds. Some are blaming it on other factors such as evil spirits.
</blockquote>
Mupariwa urged heads of stations and supervisors to report at the earliest possible time any suspected cases of drug and alcohol abuse so that remedial action can be taken. | <a href="https://www.chronicle.co.zw/npa-frets-over-drug-alcohol-abuse-in-its-ranks/">Chronicle</a>

"Some Prosecutors Losing Their Minds Due To Drug Abuse"

The National Prosecuting Authority has asked the South African authorities to assist them in bringing former tourism Minister Walter Mzembi to court after he skipped bail while on remand and settled in the neighbouring country, The Herald reports.
Part of the request from the NPA to South African authorities seen by the publication seeking Mzembi’s extradition reads:
<blockquote>The accused will not be prosecuted for any offence other than theft, criminal abuse of duty as a public officer as defined in Section 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], based only upon the facts stated in this request. In all the above three cases, Walter Mzembi defaulted court
This request is not being pursued for political reasons or any ulterior purpose. Zimbabwe guarantees that Walter Mzembi will receive a fair trial in terms of the laws of Zimbabwe. The Republic of Zimbabwe also undertakes to render assistance to the Republic of South Africa in any criminal matter</blockquote>
Mzembi who is facing criminal abuse of office, and theft of trust funds involving over $800 000 is also charged for stealing vehicles that had been donated for the UNWTO General assembly worth $130 000. Mzembi is also facing charges of donating four public viewing screens worth US$200 000 belonging to the Ministry of Tourism and Hospitality Industry to Zion Christian Church, United Family International Church and Prophetic Healing Deliverance Ministries thereby contravening the Public Finance Management Act.
Mzembi who is accused together with 2 other people in another case reportedly received donations of about US$815 000 for UNTWO from Mbada Diamonds on behalf of the Government and converted US$517 360 to their own use, according to the publication.
More: <a href="https://www.herald.co.zw/zim-seeks-mzembi-extradition/">The Herald</a>

South Africa Asked To Extradite Mzembi

The Zimbabwe Lawyers for Human Rights (ZLHR) revealed that the bail hearing for Crisis in Zimbabwe Coalition Board Chair Rashid Mahiya was on Tuesday postponed to Thursday. The decision was made by a High Court Judge.
The decision was made after a new law officer Chesa from the National Prosecuting Authority was assigned to represent the State.
Mahiya is facing treason charges.
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