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    Sunday, 9 June 2019

    Public Prosecutor ordered to investigate corruption at Masvingo Court



    NKULUMANI MLAMBO

    MASVINGO – Masvingo Chief Public Prosecutor, Tawanda Zvekare who according to documents in the hands of The Mirror has failed to attend to a complaint of alleged corruption raised in 2018 has been ordered to comment on the matter and submit records of court proceedings to his superiors in Harare.
    The documents indicate that there is a complaint raised by one Patricia Nyambayo whose newly imported Mercedes Benz Minibus Sprinter was allegedly torched by suspects Eunice Mushayi and Shylock Mushayi on October 3, 2016. Nyambayo claims in her letter of November 17, 2018 that the matter was not properly handled by Magistrate Peter Madiba who has since been fired from service.
    Nyambayo accuses Madiba of ignoring certain information in the case leading to the unfair acquittal of the accused persons. She also accused Madiba of delaying the case and the investigating officer Sergeant Chigwaza of having allegedly worked in favour of the accused.
    Zvekare said he was now at the High Court when The Mirror approached him for comment and said that it must have been a mistake that his superiors’ letters were being directed to him.
    Aggrieved by the way the matter was handled by the magistrate and the Police at Masvingo, Nyambayo approached Zvekare with allegations of corruption but the latter allegedly ignored the case, according to documents in the hands of The Mirror.
    The Mirror has in its hands two letters written by the Prosecutor General represented by Justin Uladi on May 24, 2018 to Zvekare asking him to investigate the alleged corruption in the case. Documents show that Zvekare did not respond or act on the letter from the director.
    On February 19, 2019, National Inspectorate team head Andrew Kumire wrote yet another letter reminding Zvekare that he had not acted on a case brought to his table in 2018.
    “May you please investigate the attached complaint and revert to us with your findings as soon as possible. We have also attached previous correspondences to you from the Chief Public Prosecutor Appeals Section , Mr Uladi dated May 24, 2018 to which there seems to be no response,” reads the second letter to Zvekare.
    “I am in Harare at the moment and I am not aware of the letters you are talking about. I am based at the High Court and that matter should be dealt with at the Provincial Magistrate Courts not with me. I think they made a mistake in addressing the letters to me,” said Zvekare.
    The National Director of Public Prosecutions Nelson Mutsonziwa asked The Mirror through his secretary Mrs Munyeriwa to talk to the department’s spokesperson whose name was not given. Continous enquiries yielded nothing as the said spokesperson was said to be out of office until the time of going to Press.
    Nyambayo alleges that she saw Eunice and Shylock torching her newly imported Mercedes Benz and Mazda MVP parked in her yard. Part of her house was burnt as well.
    She alleges that despite overwhelming evidence against the duo the Magistrate in connivance with investigating officer, Chigwaza from Chikato Police Station acquitted them.
    “During trial I explained and exhausted the fact that I was fully awake when the perpetrators entered my premises and committed the offence but surprisingly the Magistrate stated that I was awakened by Brighton Chamunorwa whom I do not even know and was never called to testify in this matter either as a witness or defence witness. Magistrate Madiba wrote misleading lies in his record” says Nyambayo in her letter of complaint to the PG.
      She alleges that Sgt Chigwaza accepted fake tollgate receipts as evidence that the duo had travelled to Harare on the said date. The tollgate receipts were not found on the ZINARA vehicle movement sheet, she says in her letter.
    When Nyambayo approached the High Court in Masvingo she was treated with disdain, “Uladi wamunotaura nezvake haashandipano, tsamba yake takaidzorera, mototambirazviripo, cherechedzai rungano rwaJobho, hamusi imi makatanga nekuparadzirwa zvinhu, shingai kunamata Mwari vachakurangarirai,” she says in her letter of complaint.
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