The ManicaPost
Abel Zhakata and Nyore Madzianike Senior Reporters
BARELY some hours after its launch last Friday morning, the anti corruption court in Mutare hit the ground running and handled the 13 000 litres diesel theft case in which a businessman, his driver and two fuel attendants are alleged to have stolen the fuel from a service station which was meant for prepaid customers.
The case, which was the talk of the town last week, has broken the record for being the first case to be heard by the newly set up specialised court.
Nolan Simbarashe Manyuchi (32), Liberty Mukuto (26), Brian Mutsoni (45) and Tendai Mufambeni (39) appeared before Mr Tendai Mahwe facing theft charges as defined in Section 113 of the Criminal Law Codification and Reform Act Chapter 9:23.
They were granted $1 000 bail each with reporting conditions. Apart from being barred from interfering with State witnesses the quartet was ordered to report every Friday at Mutare Central Police Station from 6am to 6pm and to reside at their given addresses.
District public prosecutor Mr Tirivanhu Mutyasira told the court that on May 17 at around 11.30pm the suspects connived to steal diesel from a Zuva Service Station situated at Number 1 Chimanimani Road which was reserved for prepaid customers.
The owner of the filling station is the complainant.
Allegations were that Manyuchi instructed his driver Mukuto to drive a tanker (ADS 29661) to the service station where Mutsoni and Mufambeni were on duty as fuel pump attendants.
The fuel attendants loaded the tanker with 13 000 litres of diesel while all the lights at the filling station were switched off.
The suspects were intercepted by the informant while they were committing the crime and Mukuto drove off from the scene with the loaded fuel. The complainant pursued the tanker to Manyuchi’s garage where he managed to grab the ignition keys from the driver who then disappeared into the darkness.
The case will be back in court on June 7 for trial.
At the official opening of the anti corruption court last Friday morning the Minister of State for Manicaland provincial affairs, Dr Ellen Gwaradzimba, applauded the Judiciary Service Commission (JSC) and the National Prosecuting Authority (NPA) for opening the specialised court in the eastern border city saying it will go a long way in supporting Government’s devolution plans.
Dr Gwaradzimba said the devolution programme requires high level of commitment and integrity from provincial leaders and the specialised courts would help in fighting corruption related cases as the Government devolves its programmes.
She also said Manicaland was a growing industrial hub where corruption related cases would be inevitable.
Prosecutor General Mr Kumbirai Hodzi was the guest of honour at the function.
Permanent secretary in the Ministry of Justice, Legal and Parliamentary Affairs Mrs Virginia Mabhiza, Zimbabwe Anti-Corruption Commission secretary Mr Silence Pondo and other JSC officials attended the event.
“On behalf of the province, I am delighted to welcome you all for this historic occasion and the commissioning of this court is a giant leap towards and an honour that the Government and judiciary has bestowed upon us as Manicaland,” she said.
“The decision by JSC and NPA and other agencies in the administration of justice to join hands in the fight against corruption in the past few years illustrates to all of the unity of purpose required to overcome this challenge.
“It is not a stroll in the park at all. We are happy that since then both the JSC and NPA have remained steadfast in the implementation of various strategies to deal with corruption related cases.
“In that regard I am informed that after the launch of the ‘Fight Against Corruption Together’ initiative the JSC and NPA mooted the establishment of specialised anti-corruption court as a way of seeking to expedite the prosecution and trial of corruption related cases.
“The messages then and the message now are that judiciary and its sister agencies are committed to fight corruption together,” she said.
Dr Gwaradzimba applauded the JSC and the NPA for their stance towards fighting corruption.
She also expressed hope that members of community would complement the efforts being undertaken by the JSC and NPA in fighting corruption.
“We all hope that the choice was not informed by a perception that Manicaland province is very corrupt and in urgent need of anti corruption court. We hope that the persuasion was that Manicaland is an industrial hub in its own right.
“Where there is serious industrialisation crimes of this nature are usually inevitable and when that happens society must always stand to decisively deal with the vice. We applaud the JSC and NPA for walking the talk and brought the justice to the people of Manicaland,” she said.
Dr Gwaradzimba said Zimbabwe was ranked lowly globally in terms of fighting corruption which would make it difficult to pursue the Government’s efforts to lure direct foreign investment into the country.
“The programme by Government to devolve developmental projects to province requires high integrity and commitment by every provincial leadership. I hope Manicaland will remain among the top provinces that remains forthright in the implementation of Government devolution plan,” she said.
Prosecutor General Mr Hodzi said the National Prosecuting Authority will not compromise when dealing with corruption cases as the practices are continuously eroding people’s confidence and trust in the justice delivery system.
PG Hodzi said the scourge of corruption was also threatening people’s livelihoods and choking the hopes and aspirations of the country undermining peace and security of the nation in the process.
Mutare’s specialised anti-corruption court, which came almost a year after the Mutare High Court was opened, is the third to be commissioned in the country after Harare and Bulawayo.
