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Mpandawana High aims self-sustenance through projects

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Mpandawana High aims self-sustenance through projects



…school become most successful day
school in Gutu district

Theresa
Takafuma
Mpandawana High is in a sustained bid
to achieve financial self-sufficiency by leveraging its flourishing
income-generating projects which are meant to counter the effects of the
prevailing difficult economic conditions on the school.
The school, which is the biggest
day-school in Gutu district, enrols pupils from all backgrounds without elitist
screening practices.
The school has now reached a
remarkable stage in its attempt to satisfy its resource-based needs by making
wise use of earnings generated from its agricultural and other practical
projects.
Mpandawana High School head Engelbert
Chimbwari says he is confident of the potential of the income-generating
projects to satisfy much of the school’s financial needs.
With the help of its technical staff,
the school is already making its own desks and other pieces of furniture thereby
saving money through the reduction of the cost of outside purchasing.
“We have skilled personnel here who
can do the carpentry. The practice is that we just buy materials and they do
the work. With our big enrolment, we need lots of classroom furniture so making
that on our own eases the burden in a substantial way,” said Chimbwari.
He said the school had a big
enrolment of over 1300 pupils, a development which makes the need for larger facilities
and furniture all the more paramount.
“Our long-term plan is to have our
gardening, poultry, piggery, fishery and gardening projects financing a biggest
portion of our budgetary requirements.


“Poultry is one of our biggest
projects and we do not just keep the common broilers. We have roadrunners, guinea
fowls, ducks, geese, turkeys and rabbits that we breed for sale. We also do
bee-keeping in 20 hives and we harvest the honey at least twice a year.
“Egg-production is done throughout
the year as we have a batch of layers producing eggs all the time,” said
Chimbwari.
The school has arguably one of the
biggest piggery projects in the district if not the whole of Masvingo province,
with one of the boars weighing stunning 300kg or better.
The massive boar has often been
paraded at local agricultural show exhibitions as evidence of the potential of
local agricultural expertise.
“We used to have over 200 hundred
pigs at any given time but we have downsized that to around 60 due to the
scarcity of feed. Maize is hardly available and processed pig feed is expensive
and that is why we downgraded. We do grow maize and beans in our school garden
but then we have to cover other areas,” Chimbwari said.
Mpandawana High School also boasts a
big pond where fish are kept for sale, with waste from the poultry projects
being used as feed for the fish.
To water all these projects, the
school has installed a borehole that uses a submersible pump which feeds big
storage tanks.


“We genuinely want the school’s
developmental plans to be financially-sustainable so we are giving this all the
attention it deserves. The school should be able to engender into pupils a
culture of hard work and meticulous management of projects. Pupils must be able
to replicate what they see here later on in their lives when they have left
school,” Chimbwari said.
He said Mpandawana High aimed to be a
school of excellence by coming up with demonstrable success stories.

Mpandawana High introduces sciences at ‘A’ level

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Mpandawana High introduces sciences at ‘A’ level
Engelbert Chimbwari

TellZim Reporter
MASVINGO – Following impressive passes in the 2019 ‘O’ level science examinations, Mpandawana High has introduced sciences at ‘A’ level this term as a way of developing the school’s huge potential in that field.
Many outstanding pupils who sat for their Zimsec ‘O’ level in 2019 had As in science subjects, opening up the possibility of introducing sciences at ‘A’ level.
Mpandawana High head, Engelbert Chimbwari said the pass rate in ‘O’ level had served to encourage them to explore the feasibility of taking the field a grade higher.
He said the introduction of sciences will help pupils who want to further pursue their studies in sciences closer home.
“We have opened up an opportunity for local children who are gifted in sciences to pursue their studies closer home in an environment that’s familiar to them. This will surely help many to avoid the hassles of trying to find ‘A’ level placement elsewhere,” said Chimbwari.
He added on that the school had produced a number of professionals but had no doctors and engineers owing to the absence of sciences in the previous years.
“We have the capacity here. We have not produced doctors and other science-leaning professionals here because we did not have sciences at ‘A’ level so this is our chance to prove what we are capable of doing,” said Chimbwari.
He said the school was using the junior lab for the science classes at the moment but will move to the state-of-the-art lab whose construction will soon be completed.
Chimbwari praised the hard work by his teachers and pupils, describing them as members of a dedicated team with the best interest of Mpandawana High School at heart.
The school recorded a clean 96.2 percent pass rate in the 2019 ‘A’ level examinations and 54.4 percent at ‘O’ level.
The school enrolment stands at 1 340 pupils that are taken care of by 41 staff members.

Legal Perspectives: The Rights of Arrested and Detained Persons

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Legal Perspectives: The Rights of Arrested and Detained Persons

…Sangomas allowed to visit prisoners



with Fidelicy Nyamukondiwa

The law gives man the
right to liberty using the right hand and takes it away with the left hand. Whilst
the Constitution confers the right to liberty to every person, a lawful arrest
and or detention takes away the same right. This does not however mean an
arrested or detained person is devoid of other rights. This editorial is a
rundown of some of the fundamental rights of accused, arrested or detained
persons encapsulated in sections 50 and 70 of the Constitution.
Arrested persons have
the right to be informed of the reasons of their arrest or detention. If accused
of committing offences, they must promptly be informed of the charges in
sufficient detail. 16 languages are officially recognised in Zimbabwe. It
follows that arrested persons must be informed of the reasons in a language
which they understand.
Arrested persons have
the right to be humanely treated. They should not be subjected to physical or
psychological torture. It is inhumane to assault or harass an arrested or
detained person. An arrested or detained person’s dignity must be respected. An
arrested person must ordinarily be body searched by an officer of the same sex.
In Williams and Others v Co-Ministers of home Affairs and others, the
Supreme Court stated that detention should not reduce a detainee to humiliation
and indignity. The Williams case involved arrested women who had been ordered
to remove their shoes and brassieres before being lodged in police cells. The
cells were reportedly wet with human waste. Lessons drawn from this case is
that it is justified at law for the police to order removal of shoes, if and
only if the cell floors are clean and dry. The Supreme Court concluded that to
order removal of bras is unconstitutional.
Accused persons have the
right to remain silent. A person may elect to remain silent but the failure to
mention some relevant facts may be used against that person in trial. This
right should therefore be exercised cautiously. No-one must be compelled to
make confessions or admissions. If evidence is obtained in any manner which
violates constitutionally protected rights, it should ordinarily be excluded by
the court. The case of State versus
Slatter and Others and that of Jestina
Mukoko v Attorney General are instructive in this regard.
Any person arrested
must be allowed to call a spouse, relative, legal practitioner, friend or any
person of choice using a state provided phone. This is a constitutionally
protected right. A police officer or any responsible person cannot be said to
have violated this right if no phone is available. At their own expense,
arrested or detained persons must be allowed to choose and consult a lawyer and
a medical doctor of choice. They must also be informed of this right.
Persons in detention,
either at a police station or at prison, have the right to communicate with and
be visited by a relative, lawyer or a medical doctor. A close reading of the
constitution suggests that arrested or detained persons are allowed to
communicate with and be visited by a n’anga/inyanga.
Whether or not Sangomas should be allowed to take with them their Sangoma kits
is debatable. If however a church pastor is allowed to take a bible with him,
nothing should stop a Sangomas to carry his/her hakata/amathambo. This right cannot however be exercised willy-nilly.
It is subject to administrative discretion of the responsible authorities.
To be presumed innocent
until proven guilty is a constitutionally protected right. As a result, it does
not follow that every arrested person must be detained. An accused or arrested
person has the right to be released pending trial unless where there are
compelling reasons justifying detention. Where there are compelling reasons
justifying detention, the person so detained must be brought before a magistrate
or a judge within 48 hours. Any detention past 48 hours is prima facie illegal.
Every arrested person
has a right to choose and be represented by a lawyer of choice. If there is a
likelihood that substantial injustice would result, an accused person must be
represented by a state assigned (prodeo)
lawyer. A prodeo lawyer is not paid
any money. As a matter of common practice, all persons accused of murder in
Zimbabwe are represented by prodeo lawyers. A person can  decline to be represented by a prodeo lawyer and elect to be
represented by a lawyer of  choice at his/her
own expense.
The Police, Prosecution,
Magisterial, Prison officials and every person involved in the criminal justice
system must respect, protect promote and fulfil the rights of accused, arrested
or detained persons. An arrest or detention which violates the rights reaffirmed
in this editorial is illegal.  A person
illegally arrested or detention is entitled to compensation from the person responsible
for the illegality. Judicial/public officers who act reasonably, without malice
nor negligence are cushioned from civil suits.
Fiat Justitia Ruat
Caelum!
Fidelicy
Nyamukondiwa writes here in his personal capacity. Contactable on 0785827154
nhanyams@yahoo.com  https://twitter.com/FidelNyams

Let’s worry about cockroaches, not coronavirus!

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Let’s worry about cockroaches, not coronavirus!
Sometimes
Mapombi wonders what sin we have committed as a country to deserve this kind of
leadership. Does Cde Dambudzo know that he is the President of this country? At
first ndaifunga kuti mukuru ari kuwanza mbanje but I later realized that the
man is not aware he is the President. ED should start behaving like a true
leader or else we kick him out. I do not care if he has pacified the army with
the so called garrison shops. Those military boys are not happy because they do
not even have enough money to buy from those garrison shops. Mashefu eku army ndiwo
ega anongozipigwa twuvafana twuchifamba nemauniform akadambuka magaro. I know
vana mukoma vanorova but someone has to man up and tell them the truth.
Mapombi
is a woman but she will have to man up and tell vana mukoma that they should
tell their boss kuti all civil servants are equal. Kana zvaramba ngavaite iya
yavakatamba Mugabe gore riya. Army yemuno I respect it a lot because they are
the only ones who did a coup and managed to convince the whole world that it
was not a coup but just a military intervention. I salute you vana mukoma and I
hope muri kuonawo manyongori ari kuitwa nemukuru wenyu ED and you are our last
hope. We have tried Chamisa but it seems kwatakabva ndiko kwatiri kuenda.
There
are a lot of people who get very angry and emotional when the name of Chamisa
is portrayed in a negative light. Ndima iyi inemakata chinin’ina changu inotoda
mushina muhombe. Rest in peace Tongai Dhewa Moyo. Ndima yaremera Chamisa zvino.
Nerorists I want you to shut up and listen. I know you may want to be quick to
be defensive but nhasi ndinemi. Munongori an extension of Zanu PF but you are
too docile to see it. Chamisa wenyu uyu anenge atadza kufamba nechitima ichi.
Everyone anongokadherera kaChamisa kacho kkkk.
This
is why sometimes I admire mukoma Dambu. Cde Dambu havana mafunnies, he does not
let anyone grow a long tail without chopping it off. Cde Dambu establishes his
authority and no one dares to challenge him which is why muchiona zvifana zviya
vana Matutu and Tsenengamu zvakadzingwa zvakuda kukura musoro. Cde Dambu has a
grip on Zanu PF ndosaka muchiona muZanu PF muine discipline. Vana Chiwenga vari
kutodawo chitanda chiya but havambouyi vachiti bufu publicly because Cde Dambu
havatangiki. Anyone anenge ari in charge of Zanu PF will wield so much power
that everyone under them will turn into yes boss zombies. I really miss Dr
Morgan Tsvangson. Changa chisingadhererwi chamatama. The house was in order.
Chamisa
seems to be struggling to keep the house in order. The people are just doing
madiro ajojina pasina anobata shamhu. Who would trust munhu anojairirwa
nanaMaboke chaiwo. Heee Maboke is not our mayor heee tinomudzinga heee what
what. Mudzinge tione I double dare you. Maboke hakuna kwaari kuenda. Masvingo
hautigoni iwe Chamisa. Tinoita zvemusoro wedu kkkkk. Chamisa lacks the
shrewdness of a true leader which is why a lot of people are already looking
within his ranks for a replacement. How can Chamisa finish two years achingorwa
with a mere mayor achitadza kungomudzinga kana achizviti ane power racho?
Masvingo yagara ine nharo manje kkkk. Whoever said Masvingo shapes the politics
of the country was a true genius. Wezhira wezhara wezhowezha wezheve ane nharo.
I heard pakaita chimurenga during Chamisa’s MDC district elections.
Pakadamburana
vanhu and some districts had to be aborted mafaction adhumhana. But mamwewo
maleaders in MDC haanyari chokwadi. We have seen the MDC die in the hands of
people like Chanyau the Masvingo district chair. These guys call for the
removal of Zanu PF but ivo they do not want to leave office. MDC has become
dormant vana Chanyau vachingofamba vachibhon’a pasina chinoziikanwa. Who in
their right mind would follow that drunkard which is why his faction disrupted
the district elections. MDC is a party of drunkards only because whenever they
are gathered vanege vakangodhakwa vese zvekuti even Chamisa finds it difficult
to control his people. Hakuna zvakadaro kuZanu PF which is why ichitonga nesuwo
tisina mhosva.
Kudenga
kuna Mwari hama dzangu. Jehovah ndiye mufudzi wedu. No weapon formed against us
shall prosper. Mthuli angauya with his stupid policies but Jehovah will fight
from our side. We may be cursed with Cde Dambu as the President but the Lord
will deliver us from evil one of these days. Shuwa dzimwe nyika dziri busy
kutaura about coronavirus isu wedu Cde Dambu is busy kutaura about mapete.
Mapete here vakomana kkkk haaa we are in trouble. We have not heard our President
talk about Coronavirus publicly and here we thought after sweeping in Gutu he
would take the opportunity to address the nation and give us an update on the
country’s level of preparedness but in his wisdom or lack thereof, he decided
to go for mapete.
Are
these cockroaches the biggest worry right now nhai iwe Dambu. Mukuru uyu ane
problem and he needs serious help. Shuwa a whole President of a country kuudza
nyika yese kuti tokusungirai mapete kkkk haaa Dambu ndamutadzawo hangu.
Anobvepi mapete mudzimba dzine nzara kudai. Mr President for you own
information mapete haagari pane nzara. Nyika ine nzara iyi saka mapete kuno
hakuna. Maybe kwenyu kuState House kwamunodya muchirasa ndiko kwaakazara
mapete. Munhu wese kuState House kunotsvaga mapete kumba kwaDambu. Maybe
tingamusunga tikapedza dambudziko rashupa vana veZimbabwe. If coronavirus hits
Zimbabwe today tinopukutwa tese tikapera. Imagine a country where there are
only two infectious hospitals. Kana Mapombi akarohwa necorona yake kuno
kuChitima I have to be rushed to Harare just imagine. Mwari ndiye
arikungotichengeta chete apa otherwise our days are numbered. I hope South
Africa will be able to contain their cases otherwise we are next.
Now
is not the time to talk about mapete Cde President. Shuwa mungakwira ndege
kuuya kuzotaura about mapete kwaGutu? Who voted for Zanu PF please show by
raising your hands? Is this what you voted for? I am sure kana mose makavhotera
Zanu PF muine any decency at all you should apologize to the nation. This is
what you have forsaken us to for the next five years. Kusatonyara murume mukuru
kutaura about mapete iko kuine coronavirus. A true leader should address nation
on the county’s state of preparedness regarding the notorious coronavirus.
I
heard there is a man from Thailand who ran away from Wilkins hospital achitya
to be tested of coronavirus. I hope that Thailand national ran to the state
house. Maybe ikatangira ikoko vanoona kuti zvemapete hazvina kana basa. Whoever
arikupa Cde Dambu mbanje please slowdown a little bit. We cannot have a
President who is high all the time who will be living in a world of his own.
Munhu akarohwa nemandudu anenge akuona mapete itori coronavirus kkkk. Nyika
yese yakutya mapete kkkk. I suspect chimuchinda chiya chinonzi Energy Mutodi
ndicho chiri kutsvagira ED energy yaari kushandisa kutaura marabishi atiri
kunzwa aya.
From
the mapete issue, Cde Dambu went on to talk about a mortuary and praised it
like it was a mega project. He described the mortuary like he was describing a
refrigerator. And to make matters worse, he suggested the stupidest thing ever
of paying the first people to be put in that mortuary. This man wants us to die
for real. His fascination with mortuaries when the economy is dying is
worrying. Does he want us all to die and fill those mortuaries? Instead of
building infectious hospitals for coronavirus he is building mortuaries and talking
about mapete. Shame on you. I have said enough regai ndinokanga hangu maputi
angu for lunch. VP Chiwenga kuChina hakuchaendekizve kkkk. Mukaenda you will
stay there and munowana chair yagara mumwe. You guys are just looters. How come
no one is getting sick these days? Dai kusina coronavirus tingadai takaneta nekunzwa
kuti Chiwenga ava China but now he is here. Coronavirus dai yaramba iriko, our
leaders will stay at home. Mboko imboko.

Shabanie-Mashaba Mine defies Govt directive to spare ex-workers

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Shabanie-Mashaba Mine defies Govt directive to spare ex-workers

Clayton
Shereni
MASHAVA
–
Mine authorities at the Shabanie-Mashaba Mine are going against a government
directive not to evict families and former mine workers from the company’s
properties.
Authorities at the now
defunct Gaths Mine in Mashava today (Tuesday 24) evicted families of former
mine workers leaving them with nowhere to go.
Some of the evicted
families who spoke to TellZim News said the mine management was insensitive.
“We are in a crisis as
a country due to coronavirus yet they still evicted us. The company owes us
terminal benefits because we worked for them for several years. Some of us have
very young children and we are left in the open with nowhere to go,” said Patience
Chitangura.
Some employees who
still do maintenance work for the company were also evicted, with sources
saying at least 27 families were affected.



“They are evicting me
yet I am still working for the mine. I have served this mine since 1981 so I
don’t know what I have done wrong for them,” Eustina Mamhute.
Mine manager Grastano
Mapfumo declined to comment and directed all questions to Patrick Muguti who is
in-charge of company properties.
Muguti was not
forthcoming in his responses, choosing to simply say the victims should speak for
themselves on why they were getting evicted.
“They should tell you
why they are being evicted, they are on the ground. That is all I can say,”
said Muguti.
When TellZim News visited
Gaths Mine, some evicted families were camped by the roadside with police
officers and other people carrying out further evictions.
Government has
previously directed that former workers must not be evicted before all their
dues are paid in full.

‘A’ level Family and Religious Studies question & answer

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‘A’ level Family and Religious Studies question & answer

Mhuri
Muneni

Question:
Moses was more than a prophet. Discuss.
A prophet is a servant
of God. He is a messenger of Yahweh according to B.W Anderson. This means that
what the prophet says is Yahweh’s will. Moses is a typical prophetic figure
whose traits are above those of an ordinary prophet. He performed quite a
number of roles which qualifies him to be regarded as being more than a
prophet.
 •As a prophet of Yahweh, Moses received his prophetic
call when he was herding Jethro’s sheep. According to A. Marara, a prophetic
call is one of the important signatures of a true prophet. Moses received a
call which is a testimony enough to call him a prophet.
After receiving a call,
the prophet will then be commissioned. Commissioning refers to a situation when
the prophet is given a mandate to accomplish. This is what happened to Moses
when he was tasked to redeem the Israelites from the Egyptian bondage. This,
therefore, proves that Moses was a typical example of a prophetic figure.
In addition to the
above, Moses performed some intercessory roles. A prophet is an ambassador of
Yahweh whose mandate is to intercede for the people. R.A.B Ewbank posits that
prophets are intercessors; they pray on behalf of the people just like what
Moses did during the exodus when the Israelites were complaining. This, therefore,
proves that he was a prophet. He was a fearless person in terms of executing
Yahweh’s commands.
B. W .Anderson
describes Moses as a prophet par excellence. This may be taken to imply that he
was more than a mere prophet. He is the only prophet who spoke to God face to
face as if he was talking to a friend. (Deuteronomy 34:10).
As a prophet, Moses was
chosen by Yahweh to be the mediator of the Sinai Covenant which became the
backbone of the messages of future prophets.
According to J. Hayes,
the Deuteronomic assessment of Moses as a prophet is clearly shown in the
incident of the 70 elders with whom he shared his spirit with and they
prophesied ecstatically. This amongst many other examples, suggest that Moses
exercised a variety of other functions, like his political roles through his
negotiations with the Egyptian pharaoh.
Moses was however more
than a simple prophet, He also performed other roles. He was a lawmaker as
evidenced by his mediation of the Decalogue. It is for this reason that
Donfleming calls him a lawgiver.
He also performed some
leadership roles in connection with most of his activities. Some might argue
that Moses was more than a prophet because of his multiple roles. VonRadd posits
that he was a political leader who was made a prophet by later editors. Others,
however, argue that these roles arose naturally through the nature of his call
and the circumstances under which he exercised his prophetic responsibilities.
Furthermore, some scholars do argue that there is so much evidence of intense
editorial activity in connection with the OT portrait of Moses, which is
idealized and anachronistic (e.g. Numbers 11).
Moses’ real role can no
longer be described accurately. He was a leader of the Israelite nation.
However his other roles came from the spiritual capacity he had of being a
prophet, hence he was more than just a prophet.
Mhuri Muneni is a
teacher at Errymaple High School, Zvishane.
He is a holder of B.A
degree, as we as a post graduate Diploma in Education.

Citizens reject Constitution Amendment II

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Citizens reject Constitution Amendment II


…as ZHOCD calls for active citizen participation in constitutional matters

Ruvarashe Chichera

MASVINGO  – Zimbabwe Heads of
Christian Denominations(ZHOCD), which consists of Zimbabwe Council of Churches
(ZCC), Catholic Commission for Justice and Peace for Zimbabwe (CCJP),
Evangelical Fellowship of Zimbabwe (EFZ), Zimbabwe Catholic Bishops Conference
(ZCBC) and UDACIZA gathered at St Peters’ and Paul Cathedral to increase
awareness on the amendments that government wants to effect on the
Constitution.
Several
stakeholders including representatives from the police, army, prison services
and various Civil Society Organisations (CSOs) participated in the interactive
proceedings.
CCJPZ
national director, Paul Muchena said it was critical for civic to be actively
involved in civic issues that impact the nation.
“It
is pivotal that citizens of this country take part in these kinds of
discussions. The Constitution is the supreme law of the land and whatever
citizens and their leaders decide to do with it must be in the open. We therefore
appreciate this collective effort by ZHOCD to create this platform,” Muchena
said.
People
were put in seven groups of youths, religious leaders, CSOs to discuss various
aspects of the proposed amendments and make presentations to the whole
gathering.
From
the proceedings, it became clear that many people opposed almost all the
proposed amendments, with others saying the changes would reverse democratic
gains and entrench too much power in the President.
The
youths suggested that it was imperative for government to advance the national
interest by implementing all provisions of the Constitution, rather than make wholesale
amendments only a mere seven years after the document was adopted.
“As
the youth we are not convinced why there is need to amend the constitution. We
need power and rights of full representation of young people in parliament. As
the youth we also deserve the chance to campaign for political office and not
wait for appointments. As for amending the term “removal of President”, if the
government really feels it’s a matter that deserves attention, they should
actually add similar translations of the term in Shona and Ndebele because if a
President is doing his job properly, he will not be removed,” said a youth representative.
Other
groups criticise plans to remove the running mate clause, saying such a move
would reverse attempts to democratise the vice presidency.
They
said it was not proper to amend the Constitution when it has not yet been fully
implemented.

Zimcodd, CHRRA on women empowerment drive in Chivhu

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Zimcodd, CHRRA on women empowerment drive in Chivhu

Elliot
Jinjika
CHIVHU-
The
Zimbabwe Coalition on Debt and Development (Zimcodd) and the Chivhu Residents
and Ratepayers Alliance (CHRRA) recently partnered for a women empowerment
workshop where women received information on their social and economic rights.
Zimcodd is a social and economic justice coalition
established in 2000 to facilitate citizens’ involvement in making public policy.
Programs Coordinator Ellen Chipunza indicated that a
lot of women in Zimbabwe lack information on their social and economic rights hence
Zimcodd saw it proper to enlighten women across the board in Zimbabwe.
“Most women have their rights infringed on a daily
basis because they do not know their rights. As Zimcodd, we are not concerned
by political rights but our focus is on socio-economic rights and issues that
affect women in their society daily,” said Chipunza.
A number of women who attended the workshop
including vendors showed appreciation to Zimcodd and CHRRA for such an
initiative indicating that it was an eye opener.
“As vendors we have learnt a lot here and we will
take what we have acquired here to our colleagues.
“The problem we face is that we do not know our
rights as citizens hence most of the time, we are taken advantage of. We have
learnt that we have to speak out and be our own voices,” said one woman who
attended the workshop.
During the workshop, it was however highlighted that
Chivhu lacks proper information dissemination channels on critical events for
example parliamentary portfolio committee meetings and other related activities
which then leaves out a number of women who should be available to make contributions
and point out issues that affect them in society.

Legal Perspectives: Adultery Damages in Zimbabwe

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Legal Perspectives: Adultery Damages in Zimbabwe

with Fidelicy Nyamukondiwa
Adultery is the consensual
sexual intercourse between a married person and someone other than the person’s
spouse. Thou shall not commit adultery is God’s seventh Commandment. Biblical
David was chastised for committing adultery with Uriah’s wife. Culturally,
adultery is regarded as ploughing into someone’s field and those who commits it
are shunned and condemned. The term damages refers to a
sum of money awarded by a court as compensation for loss or injury.

It
is a known fact that society no-longer frown at adultery the same way it used
to in the past. For that reason, South Africa outlawed adultery damages in 2014
through the case of RH v DE. Botswana
followed suit on May 02, 2018 through the Kgale
v Mhotsha case. This article
briefly explores the concept and current status of adultery damages in
Zimbabwe.

A
year after adultery damages were thrown in the South African rubbish bin, an attempt
was made to have adultery damages declared unconstitutional in Zimbabwe. This
was through the case of Njodzi v Matione.
The court found that the reasoning adopted in South Africa and some other
countries was inapplicable in Zimbabwe. It went on to conclude that adultery remains
wrongful in Zimbabwe and that there is nothing unconstitutional about an
adultery damages claim.

Whilst adultery claims
are still part of our law, it must be emphasized that it was long
decriminalised. This means that adultery is only civil and a person cannot be
arrested by the police for committing it.
Adultery
damages are claimable on two distinct grounds. The first ground is the injury, hurt, insult
and indignity inflicted upon an innocent spouse. This is known as ‘contumelia’. Loss of ‘consortium’ is the second ground upon
which adultery damages are claimable. It is the loss of love, comfort, society
and services of the other spouse as a result of the adulterous relationship.

In
determining the quantum of damages (the sum of money to be awarded) in a claim,
the factors to be taken into account by the court includes; character of the
woman or the man involved, social and economic status of the parties, whether
the perpetrator has shown contrition and has apologised, the decrease in the
value of money and the level of awards in similar cases.

A
spouse cannot claim adultery damages from his/her own spouse. This is regarded
as suing oneself. Only the third party can be sued. A male or female in a ‘Chapter 37’ marriage (now
Marriages Act, Chapter 5:11) may
sue the third party for adultery. There are two factors that must
be proved in an adultery claim. The plaintiff must first prove that defendant
was in an adulterous affair with his/her spouse.  Plaintiff must also prove on a balance of
probabilities that defendant knew of the existence of plaintiff’s a marriage.

It should be noted that a
man in a traditional ‘marriage’ (without a marriage certificate) can sue another
man who engages in an adulterous relationship with his customary wife.
Regrettably, this right is only for customarily married men and not women. A customary
women cannot claim adultery damages
Adultery
amounts to corruption of an innocent spouse’s matrimonial bed. Its damages are
underpinned on the preservation of sanctity of the marriage institution
encapsulated in section 78 of the Constitution. Whilst other countries have
outlawed the delict of adultery, it remains part of our law to protect the
sacrosanct marriage institutions and to compensate the innocent spouse for
injury, hurt, insult, indignity, loss of love and comfort caused by the
adulterer.
Fiat
Justitia Ruat Caelum!
Nyamukondiwa
writes here in his personal capacity. Contactable on 0785827154 nhanyams@yahoo.com 
https://twitter.com/FidelNyams

Woman jailed one year after husband reports her for theft

TellZimNews
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0
Woman jailed one year after husband reports her for theft

Ruvarashe Chichera

MASVINGO –
A hairdresser at Flamboyant Hotel was last week sentenced to 12 months
imprisonment by magistrate Patience Madondo after her vindictive husband
exposed her for stealing hotel towels, bed sheets, cutlery and crockery.
Magistrate
Madondo set aside four months from the 12 and wholly suspended the remaining
eight months on condition that Kadambu performed 280 hours of community
service.
Primrose
Kadambu stole seven towels, five white bed sheets, two dinner plates, five forks,
one stainless steel knife and one table spoon which were in the saloon at
Flamboyant Hotel.
The
State’s case as presented by Malvern Mapako was that, Kadambu who resides at
19156 Ingwe Drive Rujeko C, and is employed as a hairdresser at Flamboyant Hotel,
stole hotel towels and cutlery on February 16, 2020.
The
stolen property was taken to her home where she intended to use it.
Kadambu’s
luck ran out when she had a misunderstanding with her husband, Liberty
Chiweshe, who then took the stolen property back to the hotel to fix her.
Raymond
Mapuranga, a security guard at the hotel, identified the property and advised
the chief security officer Maxwell Gonye who made a report to the police
leading to Kadambu’s arrest.

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