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Legal Perspectives with Fidelicy Nyamukondiwa

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Corporal punishment: Are parents, teachers allowed to whip children?
With effect from 03
April 2019, judicial corporal punishment on male juveniles is no longer
permissible in Zimbabwe. This follows a far reaching Constitutional Court
judgment in the case of S v Chokuramba
CCZ 10/19
.  The apex court is however
yet to make a determination on the constitutionality of administering corporal
punishment in school and in the home. This article unpacks the legal position
regarding corporal punishment in Zimbabwe.

What
is corporal punishment?
The
UN Committee on the Rights of the Child defines corporal punishment as
Any punishment
in which physical force is used and intended to cause some degree of pain
or discomfort, however light.’ It follows therefore that any form of kicking,
smacking, slapping, spanking, pinching or the doing of anything which causes bodily
harm is corporal punishment.

History
of corporal punishment in Zimbabwe.
In 1987 and in S v Ncube and Ors 1987
(2) ZLR 246 (S),
the Supreme court sitting as
a Constitutional Court held that administering corporal punishment upon adult male
convicts was unconstitutional. In 1989 the
Supreme Court similarly declared judicial corporal punishment upon male
juveniles unconstitutional in the case of S v A Juvenile 1989 (2)
ZLR 61 (S)
In 1990, the
then Constitution outlawed corporal punishment upon adult male offenders but overturned
the decision in S v A Juvenile by
inserting a provision which permits judicial corporal punishment upon male
juveniles. The same year, section 353 of the Criminal Procedure and Evidence
Act [Chapter 9:07] (hereinafter CPEA) was enacted to reintroduce corporal
punishment on male juvenile offenders. In 2006, the Criminal Law (Codification
and Reform) Act, Chapter 9:23 (hereinafter the Code) brought in provisions
which permits the administering of ‘moderate corporal punishment’ by parents at
home and by school authorities.
In 2013,
the current Constitution came into effect. Section 53 of the Constitution enshrines
the protection of the fundamental
right of any person not to be subjected to all forms
of physical or psychological torture or to cruel, inhuman or degrading
treatment or punishment.

The Chokuramba Case
In S v Chokuramba HH-718/14 the
High Court made an order declaring judicial corporal punishment on male
juveniles unconstitutional because it violates section 353 of the CPEA. An
order of constitutional invalidity made by the High Court or any other court has
no force of law until confirmed by the Con-Court.  As a result of the foregoing, Muremba J
referred the case to the Con-Court for possible confirmation. On 3 April 2019,
the Con-Court subsequently confirmed the finding of the High Court and declared
judicial corporal punishment unconstitutional.

Corporal punishment in the home or school
.
On 03 March
2017, Mangota J sitting as a High Court in Pfungwa
and Anor v Headmistress Belvedere Junior Primary School and Ors HH 148/17
made
an order to the effect that the imposition of corporal punishment on children
at home or school violates children’s rights set out in sections 51, 53 and 81 of the Constitution. The High
Court order is still awaiting confirmation by the ConCourt. Corporal punishment
upon children at home and at school is therefore still legally permitted in
Zimbabwe.

Conclusion.
If the
ConCourt is to confirm the decision of the High Court in Pfungwa, no one, whether a teacher at school or a parent at home
would be legally allowed to whip, spank or even pinch a child. This would
undoubtedly be a bitter pill to swallow for many. The heavens will fall upon others.
Courts are however guided by the Latin maxim; Fiat Justitia Ruat Caelum which means “Let Justice Be Done Though
the Heavens May Fall.”
Nyamukondiwa
Fidelicy writes in his personal capacity. Contactable on 0785827154/
nhanyams@yahoo.com.

Ghanaian trio joins Shabanie Mine FC

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Exsto Makunzva
ZVISHAVANE- Three
players from Ghana’s Volta International Sports Academy (Visa) have reportedly
joined Central Region Division 1 outfit Shabanie Mine football club (fc)
popularly known as Bvaru Bvaru starting this season.
The
trio is said to have been in contact with the club and one of the players,
Julius Welback, is already in Zvishavane awaiting finalization of his work
permit.
The
19-year-old striker Ishmael Dadson and goalie Johnson Kofi Osei aged 20 are the
other two players who have reportedly agreed to join the Zvishavane based side.
Bvaru
Bvaru spokesperson Weston Wesley confirmed that the club has acquired the
services of three foreign players and called upon the corporate world to rally
behind the club this coming season.
“It’s
true, one Ghanaian is already here and the other two Dadson and Kofi are
supposed to arrive on February 7. We are leaving no stone unturned in our quest
to regain promotion in to the top flight league. We are appealing to the
corporate world for sponsorship as you know that there has to be a combined
effort in order for us to achieve our goal,” said Wesley.
In
an interview with TellZim News, King Ishmael Kwasi Amegatsey the Chief
Executive Officer (CEO) of the players parent Academy confirmed that the two
are yet to arrive in the country and said he was confident that the players
will add value to Shabanie Mine FC.
“Yes
I can confirm that one player has arrived and the other two are expected to
land at Robert Mugabe International Airport this Friday. Ishmael spent eight years
at the Academy and we felt that he had matured enough to play at any level.
“Johnson
is also another great player who has tried his luck at a couple of top clubs
across Africa including Orlando Pirates. I’m optimistic that they can make a
positive impact at the club if awarded a chance,” said Amegatsey.  
Shabanie
Fc coach, Timothy Maphosa said he welcomes the Ghanaians and believes the three
will add value to the team but said the club has fallen victim of player exodus
in recent years because they can’t afford better remunerations.
“It’s
good that we are going to have new players from Ghana but our biggest fear is
losing them to other big clubs if the players exhibit good skills. Last season we
had to start afresh after we lost almost the whole squad during the transfer
window and I had to look for players from the social league and from Division 3.
“Shabanie
fc is a very big brand and almost every team in Zimbabwe has a Shabanie flavor
so it is my plea to the Zvishavane business community to grab this chance and
be part of the history of bringing back lost pride,” said Maphosa.  
 Bvaru Bvaru have managed to secure sponsorship
from Verenga Empire and Barmlo Company but the deals need a backup.
The
2020 Division One season is expected to start in March although many teams are
reportedly weighing their options whether to take part or not due to the
soaring economy which has not spared the football fraternity.

Talented Bikita musician becomes voice disabled artists

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Clever Gumbo

Ruvarashe Chichera
Disabled upcoming gospel musician,
Clever Gumbo from Ward 32 in Bikita district is stepping up his work with an
ambition to become an ambassador and a voice for other disabled upcoming
artists.
Gumbo is drafting a constitution
for an association called Zimbabwe Association of the Disabled Upcoming Artists
(ZADUA).
Gumbo is a partner of the Centre
for Gender and Community Development in Zimbabwe (CGCDZ), an organization which
is committed to building socio- economic capabilities of community partners
mostly woman and youth for sustainable development in Zimbabwe.
She leads a music group of four
visually-impaired people which has released two albums aimed at showcasing the
talent of people with disabilities and fighting discrimination.
Gumbo said she was pushing hard
to get recognition as she launched the second album titled Nenyasha which
contains songs: Ndakagara Ndazviona,Ndokupupura, Ndidzidziseyi, Mutoro Unorema
and Muri Mutsvene which is the hit song 
on such radio stations as Hevoi Fm , Ya FM, Radio Zimbabwe and National
FM.
She told TellZim News her goal
was to overcome challenges she faces and become a mentor for artists facing the
same challenges.
Gumbo said she also wanted to
help people with disabilities get recognition in the arts industry.
“I have a vision similar to that
of Mtukudzi who built Pakare Paya. I would like to create a centre for disabled
upcoming artists where we will motivate and inspire each other and fight for
the rights of people with disabilities,” said Gumbo.
She expressed disappointment that
people with disabilities are sidelined even in their own spaces and functions
for example at the annually-commemorated International Day of the Disabled where
she feels few disabled artists are honoured or given a chance to perform.
Gumbo said she hoped that well-wishers
will help her so that she could do video-shooting for the new album, buy
instruments and get recognition from music promoters.

Removing Mnangagwa not treasonous, he is not Govt

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…State accuses MDC of plotting coup
Upenyu Chaota
The
treason charge against MDC national deputy chairperson and Zengeza West Member
of Parliament (MP) Job Sikhala has put the state and defense teams on a
collision path over interpretation of subverting a constitutionally elected
government with the defense counsel led by top lawyer Beatrice Mthetwa arguing
that President Mnangagwa is not the government and can be removed from power
before 2023.
Sikhala
appeared before the Masvingo High Court judge Justice Garainesu Mawadze early
this week facing subversion charges where he threatened to take “the war and
fight to President Mnangagwa’s doorstep and overthrow him before 2023
elections”.
The
state prosecutors led by Tawanda Zvekare built their case of treason arguing
that Sikhala and his party were plotting to topple the government by using
violence and force but had to be schooled on the technicalities of the case in
which Mthetwa pushed for the exception to trial arguing that the state had a
weak case.
The
case which was supposed to run for a week was postponed to February 14 pending
determination by the court on whether the case should go for a full trial or be
thrown out.
The
state went to town arguing that the matter should go for a full trial saying
that they have video evidence and witnesses to the effect that Sikhala indeed
committed treason.
Mthetwa
argued that Sikhala never threatened to overthrow the government but was
specific saying it was President Mnangagwa he wanted to see gone before 2023.
“Mnangagwa
is not the government of Zimbabwe. Sikhala’s statement doesn’t refer to the
government as the government does not comprise of one person.
“Sikhala
said we are going to overthrow ‘him’ meaning one person. If he had said we are
going to overthrow ‘it’, the State would then have had a better case.
“Saying
President Mnangagwa will go before 2023 is not criminal because the
constitution provides for legal ways in which a sitting President can be
removed from office like through impeachment.
“The
statement meant that Sikhala being a Member of Parliament, will take the war
and fight to President Mnangagwa’s doorstep through mobilizing for an
impeachment. There is nothing treasonous about that.
“President
Mnangagwa can be removed from office before 2023 because the constitution sets
out the process which can make that happen and that is what Sikhala meant,”
said Mthetwa.
She
gave reference to the removal of former president Robert Mugabe before the
expiry of his term, a move which the High Court declared as legal.
Mthetwa
said that the state must not be confused by the use of words ‘war’ and
‘violence’ because they do not necessarily mean violence.
She
argued that there is nothing in Sikhala’s statement which points out that
President Mnangagwa will go through unconstitutional means.
The
State, however, argued that Sikhala’s utterances meant that they are going to
use violence and force to usurp power from the government.
“President
Mnangagwa is the government and if you threaten to remove him it means you have
threatened to remove the government.
“He
is addressed as the head of state which means everyone in government serves at
his pleasure. If you cut off the head everything else falls.
“Sikhala
meant that they are going to effect a coup on the government,” said State
prosecutor Zvekare.

Knives out for Simukai Primary head

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…parents
withdraw children from school
Elliot
Jinjika
CHIVHU
Daggers have been drawn out on Simukai Primary School head Samuel Chinokwetu
whom parents accuse of abusing his authority and running down the school which
has affected grades.
Parents have since lodged a petition with the
Chikomba District Schools Inspector (DSI), Emmanuel Kwenda and have withdrawn
their children from the school until the head is gone.
A representative was sent by parents to approach the
District Development Coordinator, District Schools Inspector and Ministry of
Education and issued them with grievances and a proposal to dismiss Chinokwetu
as the school head.
Part of the grievances issued by the parents include
alleged child abuse by the headmaster with general work becoming part of every
day’s activities, imposition of policies and tuition fees without consultation
with parents.
Chinokwetu is also being accused of embezzlement and
privatizing school assets among other accusations.
Chikomba DSI Kwenda said that they are looking into
the allegations levelled against the head and the findings will determine the
course of action which will be taken.
“We have listened to the grievances by parents and
we are going to launch an investigation into the matter.
“The findings from the investigations will determine
the course of action that will be taken. A school can only be run when there is
good blood between parents and the school administration.
“Parents should return their children to school
while the matter is being finalized,” said Kwenda.

National Art gallery officially opens Rudo neTariro exhibition

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Heather
Buzuzi
MUTARE—
The National Art Gallery of Zimbabwe last week opened the Rudo neTariro art
exhibition aimed at raising funds to support the underprivileged girl child
during the times of economic hardships.
Pupils drawn from different primary and secondary
schools across the province as well as students from tertiary institutions
showcased their art work which was put on sale.
Speaking at the exhibition, National Art Gallery
director Elizabeth Muusha said their organization is taking steps to encourage
talented upcoming artists to empower the girl child through equipping them with
requisite self-sustaining skills.
“Working together with the ministry of Primary
and Secondary Education and the ministry of Tertiary education, we would like
to nurture and explore the artistic talent in the girl child.
“The girl child suffers immensely to the harsh
economic conditions and they end up being victims so by tapping into their
artistic potential, we give them value and support so that they can be
self-sufficient,” said Muusha.
She said part of the money raised will go towards
paying fees for the underprivileged girls in the society.
“When the art pieces are sold the young artists get
45 percent of the amount and 35 percent will be directed towards charity and 20
percent is for the gallery.
“There nothing more empowering than education so we
want to make sure that the girl child gets education. Most societies still
believe in the primitive notion that the girl child’s education is

Gutu RDC boosts road construction fleet

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New tipper purchased by Gutu RDC

…takes delivery of $1.24 million
tipper truck

Precila Takabvirakare
Gutu
Rural District Council (RDC) has taken delivery of a brand new tipper truck
which will add to the road construction fleet.
The
Tata tipper truck was recently delivered at the council offices by Tata
Company.
Bought
at a whopping $1.24 million in local currency, the truck is said to have been
delivered when the state of the roads in Gutu continue to deteriorate.
Gutu
RDC Chief Executive Officer (CEO) Alexander Mutembwa said the delivery of the
truck will help ease the challenges the local authority has been facing in road
construction.
“Our
roads keep deteriorating and we have been facing a lot of challenges in
maintaining them. The biggest challenge is that our road maintenance fleet is
small and we have old machinery which sometimes break down and take time to
fix.
“The
purchase of this truck is the first step in the right direction to make sure
that we are back on the track and ensure good roads for our people.
“We
still have to purchase more machinery but the tipper was the most needed as we
had challenges to ferry gravel to the maintenance sites,” said Mutembwa.
The
recently purchased tipper becomes the first of its kind in the Gutu RDC’s road
construction fleet replacing the tractor which the local authority has been
solely relying upon.
Mutembwa
said that they thrive to make sure that they deliver top class services to
their people who pay their bills.
“Our
people pay their bills and they expect us to deliver on the services. We also
purchased a refuse compactor not so long ago because there was a dire need in
that area.
“We
have a lot of things which, if we had the funds, we could buy but we are strained
financially so we just have to work with what we have and make priorities,”
said  Mutembwa.

Chiredzi Hospital nurses called out for negligence

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…as family lodges
complaint over loss of baby

Beatific
Gumbwanda

CHIREDZI

Negligent nurses at Chiredzi General Hospital recently caused the death of a
newly-born baby after they reportedly abandoned the mother as she was about to
give birth, TellZim News has learnt.
The
Chimene family has since lodged a complainant with the hospital administration
after a family member, Dorcus Zvenyika, gave birth to a baby boy all by herself
on the floor.
The
nurses, who were under the supervision of one Sister Mutingwende, are said to
have ignored her travails.
The
nurses were reportedly notified that the woman was about to deliver but they
ignored, and the woman’s baby fell headfirst onto the floor and died moments
later.
Zvenyika’s
case is said to be just but a tip of the iceberg of the despicable abuses that
patients at the hospital suffer at the hands of staff members.
The
abuse and neglect is said to be more pronounced in the maternity ward where
labouring women need the most care.
A
close source said labouring women are often not given any assistance when they
want to visit the toilets while others are left to deliver on the floor if the
nurses consider the women to be exaggerating the pain of their labour.
“Yes,
we lost a baby at the hospital. We have talked with hospital administration and
nurses who were on duty have been summoned. It is quite fortunate that the
mother herself did not die in labour,” said family spokesperson Josiah Chimene,
who is brother to Zvenyika’s husband Prince Chimene.
Chiredzi
Medical Superintendent, David Tarumbwa said he was on study leave but will have
to check with the hospital if the case was reported.
“I
am glad that this case has names and the time when it happened. We can easily
trace and investigate the issue. I will have to check with the administration
if the case was reported,” said Tarumbwa.
Several
cases of expectant mothers being left alone to deliver their babies on the
floor are said to be under investigation at the hospital.
Bernadette
Chipembere, a community activist, said she had eyewitness accounts of sheer
neglect at the hospital.
“This
is going out of hand. I saw members of the Chimene family crying while standing
at the hospital’s main entrance. I also once assisted a woman who had been abandoned
outside of the ward and I later learnt that she was made to give birth on the
floor,” said Chipembere.
She
blamed the rot partly on government’s failure to adequately fund hospitals and
for its lack of concern for the welfare of poor people who are the most dependent
on the public health system.
 “I can also blame the government for this rot.
Only two nurses are left to attend more than 45 pregnant women on delivery
beds, and there are also few beds at the hospital. Nurses are demoralised
because their efforts are not being sufficiently rewarded. They have to do with
inadequate drugs and equipment,” she said.

Help plea for Masvingo baby with rare heart condition

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Baby Christy with mom and daddy

Moses Ziyambi

MASVINGO – Over US$10 000 need to be raised urgently to get to an
India hospital a local two-months-old baby who was born with a rare heart
condition, TellZim News can reveal.
Born at Makurira Memorial Clinic,
Christy Tanyara was soon to be diagnosed with an arterial septal defect known
clinically as truncus arteriosus.
This basically means that the
walls that separate the two chambers of the heart did not adequately form,
leading to an unhealthy mix up of oxygenated and deoxygenated blood, with the
pulmonary veins draining into the left atrium.
The doctor who examined her at
Diagnostic Heart Centre in Harare recommended surgery to avoid heart failure.
In Zimbabwe, there are neither
the skills nor the equipment needed to conduct the kind of surgical operation
that needs to be done.
Christy’s parents managed to get
a quotation from The Heart Centre hospital in Bengaluru, India, which shows
that US10 250 is required to perform an intra-cardiac repair operation. This
excludes travel and accommodation costs for the parents as well as the child’s additional
hospital stay beyond the estimated number of days.
Christy’s parents Tafadzwa
Tanyara and Bridgeter Wapwanyika are low income earners and have no capacity to
raise the money on their own.
“We have enlisted the services of
some concerned people to set up a GoFundMe account from overseas but we are
also looking forward to local people helping us because the amount of money we
seek needs everybody to be involved. We have therefore opened bank accounts for
the convenience of locals who want to help,” said Christy’s father Tafadzwa.
The baby’s mother, Bridgeter said
she will know no real rest until her baby gets the live-saving heart surgery
she needs.
”It has been a difficult two
months for us. We do not have peace of mind but we have hope that generous
people out there will help us give Christy the health she needs to lead a
normal life,” she said.
Those willing to donate can do so
via Tafadzwa Tanyara’s Steward Bank Masvingo Branch Account Number 1007714404
or Bridgeta Wapwanyika’s FBC Bank foreign currency Nostro Account Number
0455113030291.
The couple can be contacted on +263
772 383 405 / +263 776 685 576.

Andy Muridzo, Lady B in Zaka for Valentine’s Day showdown

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Lady Bee

Brighton
Chiseva

ZAKA – Popular Afro Jazz musician, Andy Muridzo and Zim Dancehall songstress
Lady Bee will be in Zaka on Friday February 14 for a massive Valentine’s Day
show.
The two will
perform at Mugove Nite Club at a Valentine Special event organised by Club
Mugove.
Mugove Nite Club
patron Tatenda Makaza said the two popular musicians will perform alongside
other local musicians from 8 pm till late.
“We are bringing
Andy Muridzo and Lady Bee to Zaka and we are inviting everyone to come and
celebrate the month of love with us at Mugove Nite Club,” said Makaza
He said people
ought to be at a different place with their loved ones at this special time of
the year, adding that Mugove Nite Club was one such unique place to be.
“At a time like
this, you need to be at a different place at a different moment with your loved
ones. It’s time to join Club Mugove and have a different taste of Valentine’s. We
have plenty of things including gochi gochi with braai packs, cold beer and
champagne and everything you may think of on a day like that,” said Makaza.
He said there
were many other activities in stock, with a whole lot of prices to be won
including T -shirts, beers and caps.
In an interview
with TellZim News, Lady Bee promised fireworks, saying she was ready to bring
the whole of Zaka down in dance.
“I am bringing
them ‘naka spakadula’ and fireworks, people should bring their loved
ones as we celebrate the month of love. We should keep on loving each other and
we will continue singing for them,” said the Mpunduru hit-maker.
Since opening
doors to the public in December, Mugove Nite Club, which is located at Zaka
business centre along the Roy-Jerera-Chiredzi Road, is steadily growing to be the
favourite joint for music lovers and revellers.