Mercy Muganyi
Cephas Shava
MWENEZI –
The adage that justice delayed is justice denied is proving to be apt in a
stock theft case dating back to 2017.
The adage that justice delayed is justice denied is proving to be apt in a
stock theft case dating back to 2017.
The
complainants are one man and his wife who decided to take matters into their
own hands by going on a cross-border expedition in South Africa where they
allegedly kidnapped the fugitive suspect and brought him back to Zimbabwe.
complainants are one man and his wife who decided to take matters into their
own hands by going on a cross-border expedition in South Africa where they
allegedly kidnapped the fugitive suspect and brought him back to Zimbabwe.
They
had long harboured feelings of disgruntlement with the way police had handled
the case, and by the escape of the suspect from lawful custody allegedly with
the help of complicit police officers.
had long harboured feelings of disgruntlement with the way police had handled
the case, and by the escape of the suspect from lawful custody allegedly with
the help of complicit police officers.
After
successfully ‘extraditing’ the suspect back to Zimbabwe, it is the ‘snail pace’
at which the case is moving at the Masvingo Magistrates Court that has become a
new irritant for the disaffected couple.
successfully ‘extraditing’ the suspect back to Zimbabwe, it is the ‘snail pace’
at which the case is moving at the Masvingo Magistrates Court that has become a
new irritant for the disaffected couple.
The
complainants themselves are, however, faced with their own criminals charges
related to the alleged kidnap incident and the severe assault which their alleged
victim suffered.
complainants themselves are, however, faced with their own criminals charges
related to the alleged kidnap incident and the severe assault which their alleged
victim suffered.
Many
people feel the people handling the case are violating Section 165 (1) b of the
Constitution which demands speedy justice delivery.
people feel the people handling the case are violating Section 165 (1) b of the
Constitution which demands speedy justice delivery.
The
deferment of the matter, which was transferred from Mwenezi Court to Masvingo
Court last year owing to its sensitivity, has not only become a big let-down to
the complainants but to the five suspects as well.
deferment of the matter, which was transferred from Mwenezi Court to Masvingo
Court last year owing to its sensitivity, has not only become a big let-down to
the complainants but to the five suspects as well.
All
the parties continue to go back to court every now and then, but the case seems
to be making no real progress.
the parties continue to go back to court every now and then, but the case seems
to be making no real progress.
The
alleged cattle rustlers are Clever Mashira, Menius Chihora, Munyaradzi Matibwini,
Manatsa Chigova and Talent Moyo, whom the aggrieved couple dragged back to
Zimbabwe from his South African hideout.
alleged cattle rustlers are Clever Mashira, Menius Chihora, Munyaradzi Matibwini,
Manatsa Chigova and Talent Moyo, whom the aggrieved couple dragged back to
Zimbabwe from his South African hideout.
Their
hearing was supposed to continue last week on July 31, with all the State
witnesses having shown up for the trial but the case was further postponed to
August 22 after the docket reportedly went missing.
hearing was supposed to continue last week on July 31, with all the State
witnesses having shown up for the trial but the case was further postponed to
August 22 after the docket reportedly went missing.
Three
of the five suspects are out of custody on bail, with Chigova and Moyo already
serving jail sentences after being convicted on separate charges of stock theft
and escaping from lawful custody respectively.
of the five suspects are out of custody on bail, with Chigova and Moyo already
serving jail sentences after being convicted on separate charges of stock theft
and escaping from lawful custody respectively.
Chigova
and Moyo are alleged to have been complicit in theft of 14 cattle belonging to
Elfas Nyatera and his wife Mercy Muganyi.
and Moyo are alleged to have been complicit in theft of 14 cattle belonging to
Elfas Nyatera and his wife Mercy Muganyi.
The
crime was allegedly committed in 2017 but the case has been beset with several
postponements.
crime was allegedly committed in 2017 but the case has been beset with several
postponements.
The
endless rescheduling of the trial is said to be a violation of Section 69 (2)
of the Constitution which stipulates that every person has right to fair and
speedy hearing within a reasonable time.
endless rescheduling of the trial is said to be a violation of Section 69 (2)
of the Constitution which stipulates that every person has right to fair and
speedy hearing within a reasonable time.
What
worries many is that such a sensitive matter which is taking eternity to
conclude and will probably be thrown out of court due to ‘lack of evidence’ or
missing dockets.
worries many is that such a sensitive matter which is taking eternity to
conclude and will probably be thrown out of court due to ‘lack of evidence’ or
missing dockets.
Alleged
police corruption in Mwenezi and the interest that this particular case has
generated among members of the public has attracted the attention of senior
police bosses who last year paid a visit to the district to get a better
appreciation of the story.
police corruption in Mwenezi and the interest that this particular case has
generated among members of the public has attracted the attention of senior
police bosses who last year paid a visit to the district to get a better
appreciation of the story.
After
hearing of the news of the daring cross-border raid by Nyatera and his wife, the
Minister of State for Masvingo Provincial Affairs, Ezra Chadzamira met the
couple to hear their side of the story. This was after Nyatera, his wife and their
co-accused were released from remand prison on bail following their arrest on
two charges of kidnapping.
hearing of the news of the daring cross-border raid by Nyatera and his wife, the
Minister of State for Masvingo Provincial Affairs, Ezra Chadzamira met the
couple to hear their side of the story. This was after Nyatera, his wife and their
co-accused were released from remand prison on bail following their arrest on
two charges of kidnapping.
Sources
close to the matter told TellZim News that complicating the matter is that the
seemingly obvious case against the alleged five cattle rustlers could die a
natural death as the police have allegedly done a shoddy investigative job so
as to shield their own.
close to the matter told TellZim News that complicating the matter is that the
seemingly obvious case against the alleged five cattle rustlers could die a
natural death as the police have allegedly done a shoddy investigative job so
as to shield their own.
“Owing
to the shoddy investigation, the State’s case is unlikely to stand the test of
a good lawyer. It is very clear that the complainants’ cattle were stolen but
the evidence that is before the courts is unlikely to warrant convictions,”
said a source.
to the shoddy investigation, the State’s case is unlikely to stand the test of
a good lawyer. It is very clear that the complainants’ cattle were stolen but
the evidence that is before the courts is unlikely to warrant convictions,”
said a source.
Other
reliable sources said the couple were likely to be convicted on
kidnapping charges as evidence against them was overwhelming.
reliable sources said the couple were likely to be convicted on
kidnapping charges as evidence against them was overwhelming.
The
cattle theft case was transferred to Masvingo to improve neutrality as it
implicates several police officers in the district.
cattle theft case was transferred to Masvingo to improve neutrality as it
implicates several police officers in the district.
Some
police officer were transferred following an internal investigation which was
done after complaints were registered that police officers in Mwenezi were
clearing stolen cattle and were working with cattle rustlers in exchange for
massive bribes.
police officer were transferred following an internal investigation which was
done after complaints were registered that police officers in Mwenezi were
clearing stolen cattle and were working with cattle rustlers in exchange for
massive bribes.
