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Circuit court to open at Chikombedzi

Beverly Bizeki

The Judicial Service Commission (JSC) has been urged to open a circuit court in Chikombedzi in Masvingo province to improve access to justice in the area.
Addressing guests at the official opening of the 2023 legal year in Masvingo on January 9, 2023, Justice Rita Makarau said the move would ensure that access to justice by people in the area is improved.
“The issue of the opening of a circuit court at Chikombedzi which is fairly distant from Chiredzi and is not readily accessible especially during the rainy season, will go a long way towards improving access to justice.
“I was informed that the crimes committed in the area are quite serious, including as they do, stock theft and armed robberies,” said Justice Makarau.
She also said the move to open a circuit court has been welcomed as the delay to ensure justice prevails results in criminals fleeing from the country to Mozambique.
“The delay in prosecuting cases from this area results in the defeating of justice as the offenders easily but illegally cross the border into Mozambique,” added Justice Makarau.
Justice Makarau recommended these observations to JSC after noting that the province was in need of another provincial magistrate and an additional magistrate to assist in the disposition of civil matters.
“The candid but value adding observations made by the profession especially regarding the need for another provincial magistrate to assist in the disposition of civil matters can only go a long way in enhancing service delivery by the magistrate courts here in Masvingo,” explained Justice Makarau.
Masvingo has also been applauded for a commendable work after achieving a sterling 99 percent case clearance rate in the previous legal year.
The High Court in Masvingo was also commended for setting very high standards despite operating with two judges only.
“Even though the two judges coped well with the workload at the station, I am aware of the sentiments of the community that an additional judge be deployed at Masvingo High Court at the nearest convenience,” said Justice Makarau.

Headman Ndawi installed

Beverly Bizeki

Conflicts circling around the Ndawi headmanship were on Friday (January 13, 2023) silenced after 88-year-old Tocksen Zviripi was finally installed Headman Ndawi at a colorful event held at Ndawi Primary School in ward 31 in Gutu.
Addressing attendees at the event FarmBiz co-director Misheck Maravanyika who is Zviripi’s son told the gathering that the installation of the headman marked the end of the conflicts around the issue.
“There is something disturbing that happens in our area. Ndawi has 5 houses and it’s not possible to have a gathering and fail to find one of them Zvekuti munhu anovhura muromo wekumusoro nezasi achitaura kuti hapana ishe zvigume nhasi, (the habit of saying that there is no headman in this area must come to an end),” said Maravanyika.
Maravanyika who later dismissed the matter as personal and emotional to the Ndawi family urged the family to work together in keeping the headmanship alive.
“Our headmanship is claimed by the oldest father figure in the family at the moment and my father hails from Tavatsvanga hence he is being installed as headman today,” said Maravanyika.
Maravanyika also urged members from the other Ndawi clan to unite and uphold the chieftainship and develop the area.
The last incumbent headman according to Maravanyika was Chibwanya who sat on the throne up to 2014 when he died and was succeeded by Pingurai as derera (acting) up to 2019 when selections were made.
Tobias Jaravaza was selected but was never installed probably due to Covid-19 restrictions until he died.
Zviripi was selected and appointed headman on November 25, 2022 and installed today.
In his closing remarks, Chief Gutu born Amon Edmond Masanganise urged members from the five families to bring an end to any conflicts and heed the leadership of the new Headman Zviripi.
“We expect all the Ndawi families to appreciate the new leadership we have appointed despite all the differences and conflicts that you might have had.
“The one who has been appointed is your leader but you are all belong to the royal family,” said Gutu.
Gutu Deputy District Development Coordinator Chiedza Tafirei wished the new headman success in his new position.
“The headmen supervises village heads in the performance of their duties. It is also his mandate to oversee the collection of development levies, taxes, rates and charges payable to Rural District Council in terms of the Rural District Councils Act,” said Tafirei.
Zviripi who is a former sales man at Farmers Co-op has 15 children, 24 grandchildren and 20 great grandchildren.
The Ndawi area which has been described as one of the developed areas in Gutu has 11 primary schools, 4 secondary schools, 3 clinics and 11 business centres.

Constitution and customary law conflicts a minefield – Makarau

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Theresa Takafuma

The conflict between the constitution and customary law often puts traditional leaders in a tight spot, making it a ‘minefield’ they should navigate with utmost care for effective justice delivery, Supreme Court Judge Justice Rita Makarau recently said.
Addressing guests at the official opening of the 2023 legal year at Masvingo High Court on January 9 2023, Justice Makarau said there are instances when culture and the constitution are in open conflict, leaving traditional leaders stuck between a rock and a hard place.
“The coincidence of duties in the office of a traditional leader sees them being custodians of culture on one hand and custodians of the constitution on the other. They have to promote, uphold and protect both, and at times culture and the constitution nestle together comfortably making the role of the traditional leader easy and seamless.
“At times culture and the constitution are in open conflict making the traditional leader sit in between the two stools most uncomfortably,” Makarau said.
Makarau went on to give an example she was given by Chief Murinye in a prior meeting with traditional leaders, the example which involved atonement of death by murder known in Shona as ‘kuripa ngozi’.
She spoke on how it may be acceptable for negotiations for the atonement of death to be used in mitigating the sentence of the offender in a criminal court but then may be controversial when it involves pledging a girl child as atonement to replace lost life due to constitutional obligations where traditional leaders are required to protect the girl child.
“(But) where the family of the offender pledges a girl child in the process as atonement for and replacement of the lost life, the law demands that the traditional leader protects the girl child even if this is in open defiance of age old cultural practices in his or her jurisdiction.
“When and where to draw the line is a minefield that traditional leaders must navigate with utmost care. The Chiefs Council, members of academia, the Judiciary, the Judicial Service Commission and its training arm, must all come together to enhance competent service delivery by our traditional leaders in the application of customary law in tandem with the constitution and other statutes,” Makarau said.
Speaking on the same issue, President of the Chiefs Council, Chief Fortune Charumbira said while customary law courts presided over more cases than all other courts, there was low appreciation on how they execute these duties.
“We still have a dual judicial system in Zimbabwe. One judicial system starts at the level of the magistrate upwards, then the other judicial system only caters for the rural poor, and that one is neglected. These are issues that we need to address.
“It is fact that even though we have that legal age of majority act (Marriages Act), even lawyers or judges, when they themselves are affected sometimes directly, they do not think in terms of the Act. They will come to our courts seeking relief on their cases that in some cases do not involve minors but have to be resolved customarily,” Charumbira said.
Charumbira also said there were serious problems regarding the implementation of the statutory laws, where sometimes culture is in open conflict with the constitutional law and the citizenry end up using what works for them in specific scenarios.
“That the customary law courts are recognized by the law of this country is not in debate. What is in debate is to what extent does the justice delivery system provide a conducive environment and respect the customary law courts—that’s where we have issues.
“Customary law courts dispose of more cases than those from all the other courts combined. Judgments and proceedings from local courts are in sync with our values and are friendly, homely and are not as harsh and foreign. People like local courts, but people who preside over local courts do not get any salary at all,” Charumbira said.
There have been debate over how customary law courts handle some matters, with calls for the need to document the number of cases completed at these courts being made.

Zaka man struck by lightning

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Beverly Bizeki

In a heart-rending incident that occurred in Gachiti village under Chief Bota, Zaka on January 6, 2023, 52 year old Emmanuel Gumbire died at his homestead after lightning struck his house.
Masvingo Provincial Police Spokesperson Inspector Kudakwashe Dhewa confirmed the incident.
“I can confirm receiving reports of a sudden death by lightning in Zaka,” said Dhewa.
It is alleged that on the date in question at around 13:00, Tendai Gumbire who happens to be the deceased’s daughter called to notify him that she would be visiting but he did not pick up his phone.
Tendai proceeded to visit her father on the same day and arrived home to find her father lying on the floor in his bedroom with blood oozing from his nose.
After making some inspections on the body, Tendai discovered that his forehead was deformed and noticed the washing line was already damaged by fire.
It is suspected that the lightning struck the washing line which had its poles attached to the bedroom hut where the deceased was found lying in.
Tendai advised Freddie Charles her father’s uncle residing in the same village who confirmed that the sudden death was caused by lightning and informed Zaka police.
Zaka magistrate Tariro Mudzingo waived the post mortem.

Zimbabwe Leeds Community brings relief to vulnerable migrants

TellZim Reporter

The Zimbabwe Leeds Community (ZLC) a charity organization established in 2016 for Zimbabweans living in the West Yorkshire area in the United Kingdom is bringing smiles to vulnerable Zimbabweans struggling to make ends meet away from home.
Over the Christmas holidays, ZLC visited some vulnerable members of the Zimbabwean community who have been struggling with various issues including being on asylum for many years and not being able to travel back home for the bereavement of close ones.
ZLC chairperson Chris Goshomi said among many objectives of the organization, one of its main aims was to mobilize and bring the people of Zimbabwe who live in the West Yorkshire area together, and build a diverse, but centralized community of Zimbabwean people who are able to support each other in times of need.
“The Zimbabwean people in West Yorkshire area have come to understand that the process of migration can be stressful depending on the type and cause of migration, and has far-reaching negative effects on the socioeconomic circumstances, and health and wellbeing of the migrating individuals and their families.
“In an attempt to address some of the contemporary challenges among the community membership, ZLC this year took advantage of its ballooning membership to crowd fund , buy some Christmas goodies for its vulnerable groups, which included those who are less fortunate, like some new migrant workers and students who are not yet fully financially established, the elderly people, the disabled, and those in health challenges and are not able to work,” Goshomi said.
He also said the opportunity was an enriching experience to understand the level of scope ZLC had to benefit communities.
“I went in a team of ten colleagues and spent all afternoon delivering groceries, clothes and other items to people in need, as well as having time to talk to the communities,” Goshomi said.
The organization is currently working on the formal registration for ZLC as a charity with the Charities Commission for which it has created a registration team which consists of lawyers in the Zimbabwe Community and other supporting members with experience in establishing charities.
They are also looking at how they can increase revenue to build the Zimbabwe Community Centre which Goshomi said is the long-term plan.

Over 48k voter registrants in Masvingo in 2022

Beverly Bizeki

Masvingo Province recorded 48 176 new voter registrants in 2022 making an 82 percent total voter population according to statistics released by the Zimbabwe Electoral Commission (ZEC) office recently.
ZEC Deputy Elections Officer Maxwell Ncube confirmed the information and said the number had increased from the 439 recorded in 2021.
“It is pleasing to note that the number of new voter registrants increased to 48 176 in 2022 from the 439 recorded in 2021,” said Ncube.
He also said the trend shows an increase in registration numbers as elections approach.
“The trend shows an increase in new voter registrants every month owing to stakeholder participation in encouraging people to register to vote.
“We however urge people to keep registering to vote,” he added.
The increase in numbers is likely owed to the lift in Covid-19 induced lockdowns and restrictions in movement and continuous voter education as well as outreach programmes.
According to ZIMSTATS results published in 2022, the province has 791 938 adults giving a total of 82 percent registered voters showing also an increase from the 79 percent recorded during the previous elections.
The 18 percent that remains unregistered according to census results then becomes 140 000.
In December 2022, the province had 5 467 new voter registrants 2 960 of which were women while 2 507 were men.
The province also recorded 1 331 transfers, 660 are women while 671 are men.

Cllr Kalulu remembers the needy during festive season

Branton Matondo

Christmas celebrations are traditionally fashioned and characterized by sharing of gifts and remembering loved ones and so much was the celebration hosted by Mutare ward 4 Councillor Edson Kalulu at his house in Sakubva.
Cllr Kalulu took the festive season celebrations back to the community as he shared goodies with the needy from his ward.
The grocery packages which consisted of 2kg rice, 2kg sugar, one green bar soap, 1kg salt and 750ml cooking oil were donated to 51 residents who included the elderly and those living with disabilities.
Speaking to TellZim News, Kalulu said the donation was meant to cater for people finding it difficult to survive during hard times.
“The donation was meant for the elderly, people living with disabilities including visual impairments within ward 4. I thought as a special day of the year, it should be celebrated by giving back to the needy. These items were shared equally among the 51 selected residents.”
“There are people who are finding it hard to make a standard living in ward 4. I felt the goodies should also be shared amongst orphans. Though 32 people got a fair share of council’s donations, l saw it fit enough to further select 51 members because ward 4 is huge,” said Kalulu.
He also called for other social custodians and community leaders to remember the community.
“It’s good to share and give to those who are living with disabilities, old people and less privileged, so that they enjoy on Christmas day. Social leaders should give back to the community because sharing and giving is a traditional social norm,” he added.
The sharing of gifts by Cllr Kalulu follows a well-received cheer fund and donation by Mutare City Council on December 24 at Queens Hall.
Mutare city fathers donated to 32 members from every ward across the city.
Organizations across Mutare have been remembering the needy within the community.
TALM Real Givers led by Mutare Informal Traders Association (MITA) President Itai Kariparire gives back to community on a monthly basis.
Ward 4 constitutes Maonde and Muchena sections, New and Old Chisamba, Mundembe and Chisamba singles.

Masvingo crime rate up 13 percent

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TellZim Reporter

Crime rate in Masvingo province went up by 13 percent in 2022, with the most prevalent crimes being murder, armed robberies involving firearms, stock theft as well as theft of copper cables.
This came out during the official opening of the 2023 legal year at Masvingo High Court by Supreme Court Judge Justice Rita Makarau on January 9.
Addressing guests at the event, Justice Makarau said a briefing she received from the officer Commanding Masvingo Province indicated that general crime had gone up by 13 percent from the previous year, which has a negative effect on social and economic development.
“Of immediate concern is that general crime in the province has gone up by 13percent from last year. The prevalent crimes in the province of Masvingo are murder, armed robberies involving firearms, stock theft and theft of copper cables.
“These prevalent offenses have the effect of retarding social and economic development in the province and effort must therefore be taken by all of us here present to play whatever roles we can as a community to reduce crime in the province of Masvingo,” Justice Makarau said.
She also commended both Masvingo High and Magistrates courts for completing most of the cases filed and received, leaving a relatively smaller number of cases yet to be completed.
“I am pleased to report that notwithstanding the increase in the number of cases filed with the courts, 2022 has been fairly congenial year for both the High Court and the Magistrates courts in Masvingo.
“The High Court performed well despite the fact that it was manned by only two instead of the usual three judges. A total of 2059 cases were filed with the Court during the course of the year. 58 cases were brought forward from 2021, making the grand total for the year 2117 cases. Out of these, 2094 cases were completed leaving only 23 cases that will be carried forward into 2023,” Makarau said.
A total of 7799 cases were also received in the magistrates courts in 2022, which saw the completion of 7795 cases, with 5572 cases completed in the civil division.
“I commend the magistrates for a very pleasing 2022,” she said.
Statistics from customary law courts were not documented.

Chiredzi’s 750ha land saga takes new twist

…Madanyaya ‘targets’ Musikavanhu, Baloyi for shunning corruption
…Intimidations, bribery rocks project

Beatific Gumbwanda

CHIREDZI-With allegations of corruption on the development of Chiredzi’s 750 hectares meant for urban expansion reaching climax, Chiredzi West Member of Parliament Farai Musikavanhu and Chiredzi Rural District Council (CRDC) Chief Executive Officer (CEO) Ailes Baloyi have allegedly been targeted by Full Life Open Arms Africa Investments (FLOAAI) Chief Executive Officer (C.E.O) Pastor Godfree Nelson Madanyaya for allegedly calling the process corrupt and not serving the best interests of residents, TellZim News can reveal.
A few weeks ago, Chiredzi District Development Coordinator (DDC) Lovemore Chisema convened a closed-door stakeholder meeting with Chiredzi Town Council, Chiredzi Rural District Council (CRDC), FLOAAI, Joint Operations Command (JOC), War Veterans, Zanu PF District Coordinating Committee (DCC) chairperson Siyaki Mundungehama to deliberate on the correct position involving the processes of the land.
Literally the project was awarded as a joint venture between Chiredzi RDC and Chiredzi Town Council on the remainder of Buffalo Range for urban expansion after the late Zanu PF Provincial Secretary for Information Ronald Ndava and Former Chiredzi Town Council chairperson Francis Moyo approached the Ministry seeking land for urban expansion when they were ‘commissioners’ for Chiredzi Town Council.
FLOAAI, which is being accused for fronting the interests of Minister July Moyo, did a feasibility study for the project and are currently at an advanced stage on the planning process without prior knowledge to the beneficiary local authorities who were hoping to start servicing the land as a precursor to the sale of the stands for residential, commercial and industrial purposes.
Information gathered by TellZim News, indicated that FLOAAI, which had opened its offices at Croco Motors in Chiredzi, adjacent to the project, is currently selling serviced land to desperate home seekers in Chiredzi at a cost of US$20.61 per m2, with one being supposed to pay US$1 500 deposit in its ZB Bank, Account Number 4113671815405 and the remaining paid in installments.
Speaking during the stakeholder meeting, Madanyaya openly indicated that he was not in good books with Chiredzi West Member of Parliament Farai Musikavanhu and Chiredzi RDC CEO Baloyi whom he referred to as ‘stumbling blocks’.
“I was given 1 700 stands by the two local authorities of which I am expecting to get more and we are now waiting for the Environmental Impact Assessment (EIA) certificate to start working on the 750 hectares, that is why we opened the office at Croco Motors. We are still set to meet with the two local authorities in order to update them on the progress of work.
“There is a lot of politics in this project by RDC, not Town Council who are saying that the project will never get to see the light of the day. I have consulted three members of parliament including Bhila, Masiya and Gwanetsa who gave green light to the project except Musikavanhu who is always speaking negatives about the project in newspapers.
“I even learnt that Musikavanhu and Baloyi are best friends and I never bothered to approach the CEO because I will be wasting my time,” said Madanyaya.
The project’s feasibility study indicated that there will be 6 042 stands, with 1 700 already been given to FLOAAI, 11 primary schools, five secondary schools, a university and five fuel service stations. A minimum of 300 hectares will be occupied by 40 high rising flats for residential purposes.
FLOAAI, during the stakeholder meeting, stammered on the number of stands which the two local authorities are set to benefit, with Chiredzi TC and Chiredzi RDC planners, Consider Kubiku and Takudzwa Chimanya openly indicating that the developer is not updating the two local authorities on the progress of work and they hear rumors that the developer is already selling the land.
Paul Kruger, Minister July Moyo’s right hand man has also claimed his 500 stands after he was approached to make designs on the water reticulation system for the project at the cost of US$ 3 million dollars.
Chiredzi TC vice chairperson Ropafadzo Makumire who vowed that the local authorities are going to get their full share of the cake blamed the local authority’s Acting Town Secretary Engineer Wesley Kauma and CEO (Baloyi) for not following proper procedures by permitting the developer to sell stands in order for him to cover his debts acquired during the process.
“Mdara (Madanyaya), I don’t blame you but the Town Secretary and CEO. The letter which was written to you is not even known by the two local authorities. Mr Chimanya, do you know about this? These are the planners for the two local authorities who do not even know that. The CEO and Town Secretary are taking the two councils for a joy ride,” said Makumire.
The initial agreement of the project, which the current councilors have not glimpsed, was signed by the late Chiredzi Town Council Town Secretary Charles Muchatukwa and the current Secretary General for the Association of Rural District Councils of Zimbabwe (ARDCZ) Isaac Matsilele when he was the Chief Executive Officer of Chiredzi RDC.
In an interview Chiredzi Residents and Ratepayers Association (CHIRRA) chairperson Jonathan Muusha said they are saddened by the unsolicited process of hand picking FLOAAI as the developer who is currently owning the whole of 750 ha which is supposed to be benefitting the two local authorities who have20 000 people on the waiting list.
“We are pained by the corruption involving the 750 ha project which is now being allegedly owned by the developer. We are not happy with the unsolicited process done to pick the developer, which was facilitated by senior top officials from the Ministry of Local Government and Public Works, who are believed to have a stake in the land and also seasoned politicians in Chiredzi who are eying to have a stake in the 750 ha of land from Madanyaya.
“Due to influence and threats from the Ministry officials, the developer is now selling un-serviced stands against the government statutory obligations because he feels protected by senior politicians so we alerted ZACC and Parliamentary Portfolio Committee and we are just praying for their swift response,” said Muusha.
War veterans here in Chiredzi, forcefully closed Madanyaya’s offices in order to have a discussion on the allegations he is facing and said they are still investigating the matter in order to establish the correct position.
“We are still in the process of consultation and investigation. We wish to call out for an Indaba with residents, councils and the developer to set the record straight,” said Paul Makuni Chiredzi District Secretary for the War Veterans.

Shonganiso Mission gets ambulance

Staff Reporter

Masvingo – The African Reformed Church run Shonganiso Mission Clinic recently received an ambulance from President Emmerson Mnangagwa fulfilling a pledge he made during the ordination of the church’s new Bishop Professor Rungano Zvobgo who is also the Vice Chancellor of Great Zimbabwe University.
The ambulance was delivered at the clinic on January 11, 2023 after having been handed over to Professor Zvobgo at State House earlier on.
Shonganiso clinic could be the first clinic to have an ambulance in Zimbabwe as most ambulances are owned by hospitals.
Speaking at the event, Prof Zvobgo said the delivery of the ambulance fulfilled his mother’s wish saying she once asked them to source for funds to purchase one but they laughed it off.
“This donation here fulfills Mbuya Zvobgo’s wishes. She once asked us to source for an ambulance long ago but we said it was impossible. She asked us if we had tried but had not, but now it’s here,” said Prof Zvobgo.
He said the ambulance will go a long way in helping as expecting mothers were delivering on road sides on their way to Morgenster Mission Hospital and appealed to people not to misuse the vehicle.
“We need to thank the president for the donation that will save lives. We pleaded with him to upgrade our bridge (across Mutirikwi bridge) and we hope the issue will be addressed soon,” he added.
His spokesperson and nephew Mugove Matindike told the gathering that the ambulance will be used to ferry critical people to referral hospitals mainly the old, expecting mothers, critically ill or injured people and school leaners especially during sporting activities.
Fuel will be provided by government as well as the driver but during critical fuel shortages, people may be asked to contribute.
Other patients who are not critical and may need the services of the ambulance are allowed to use it at a cost.
The area village head Hericanos Chisina thanked Prof Zvobgo and president Mnangagwa for the donation saying he had fulfilled his promise but urged the responsible authorities were to look into the road issue as the ambulance could not render services if the road is bad.
“We want to thank you Professor (Zvobgo) for talking to the president on our behalf. I heard the president promising the ambulance saying you had asked him, so it is our hope that the bridge issue will be renovated soon. I also know that the bridge cannot be constructed where there is no road so the road issue will be addressed also,” said Chisina.
Shonganiso Mission consists of a clinic, church, primary and secondary schools.