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Crime and Courts

Judges Rule Against AmarisSA in Bitter Harare Real Estate Dispute

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The High Court has ruled in favour of businessman and lawyer Tawanda Nyambirai’s firm, TN Baker (Pvt) Ltd, in a heated property dispute, ordering AmarisSA (Pvt) Ltd to vacate a contested section of prime real estate in central Harare.

Justices Faith Mushure and Joseph Chilimbe overturned a magistrates’ court decision, confirming that TN Baker holds a valid lease for 17 Samora Machel Avenue and that AmarisSA had unlawfully encroached on part of the property.

“The appeal is allowed with costs,” wrote Justice Mushure in the ruling.

“The application for eviction is granted. The respondent and all those claiming through it must vacate the property immediately.”

The judgment brings to an end a protracted feud between the two companies over retail space and a delivery access area within the property.

TN Baker argued it was paying rent for 711 square metres but only occupying 668 square metres, with AmarisSA’s subtenants using part of its leased premises. AmarisSA, however, denied any encroachment and claimed there were “material disputes of fact,” further insisting TN Baker had no legal standing to sue.

The judges dismissed that defence, citing an uncontested expert surveyor’s report confirming the encroachment.

“This was a classic case of bare allegations of a possible factual dispute,” Justice Mushure said. “A leaseholder has a clear right under their agreement to occupy the property and to seek eviction of illegal occupants.”

The court directed that if AmarisSA does not vacate voluntarily, the Messenger of Court must enforce the eviction without delay.

The conflict stems from a tangled leasing history involving TN Baker, its affiliates, and property owner Glicknett Investments. AmarisSA relinquished its rights to the premises in 2016, acknowledging that TN companies would thereafter deal directly with Glicknett. TN Baker went on to secure a direct lease, valid until October 2026.

Tensions resurfaced in 2024 when TN Baker accused AmarisSA of encroachment. Although the magistrates’ court initially dismissed the application, the High Court ruling has now cleared the way for eviction.

TN Baker was represented by Beatrice Mtetwa & Tawanda Nyambirai Legal Practitioners, while AmarisSA was represented by James Majatame Attorneys.

ALSO READ : Harare Businessman Nabbed at Airport Over US$580K Property Scam

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Crime and Courts

Four Businessmen Nabbed in US$363k Hawala Scam

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NPA Confirms Arrest Over Illicit US$7.6M Gas Import Payments

Four business operators have been arraigned before the courts on charges of contravening the Exchange Control Act in alleged transactions involving more than US$363,000.

The accused — Nitish Raghuvar, Karankumar Girishkumar Shah, Lalbahadur Aatish Jaiswar and Talati Neel Dhavalbhai — appeared before Jessie Kufa at the Harare Magistrates’ Court, where they were not required to enter pleas. Each was granted bail of US$500.

According to the State, police recovered close to US$75,000 in cash from the suspects’ premises, which has since been seized as evidence.

Prosecutors allege that on February 10, detectives from the CID Asset Forfeiture Unit launched an operation targeting individuals suspected of operating an illegal Hawala money transfer system. The exercise was aimed at scrutinising funding sources, investigating irregular pricing practices, examining courier-related transactions and assessing compliance with licensing requirements.

During the operation, investigators reportedly received information implicating the four men in an underground remittance scheme. It is alleged that importers would deposit large sums of cash at the suspects’ premises in Newlands, Harare, after which the money would either be physically smuggled to Dubai or settled through an established foreign network to pay for imported goods.

A search conducted at the premises allegedly led to the recovery of transaction receipts, registers and bills of entry. Police also seized US$74,865 in cash, which is currently being held as an exhibit pending further investigations.

The matter remains before the courts.

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Crime and Courts

Rushwaya Faces Court as Armed Thugs Loot Tolrose Mine

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A group of heavily armed men allegedly led by ZANU PF member Jameson Rushwaya is accused of violently invading Tolrose Mine, where they reportedly overpowered security guards, confiscated firearms, and looted property, while police are said to have failed to act due to alleged instructions not to intervene.

The most recent incursion, which took place on Friday night, comes months after a similar unlawful takeover in August last year. Rushwaya is scheduled to appear in court on Thursday in connection with that earlier incident.

Sources at the mine allege that workers have been abducted, intimidated, and robbed of cash and mobile phones, sparking serious concerns about the growing use of political influence to override the law within Zimbabwe’s mining industry.

Rushwaya has also been accused of name-dropping senior figures, including Zimbabwe Mining Federation president Henrietta Rushwaya and Chief Secretary to the President and Cabinet, Dr Martin Rushwaya, in relation to the dispute. Both individuals have publicly denied any involvement, stating that their names are being used without consent.

The conflict, which has long pitted Rushwaya against Patterson Timba, was settled in court in Timba’s favour. Despite a valid court order, Rushwaya allegedly defied the ruling and entered the mine on Friday accompanied by armed individuals.

During the invasion, mine security officers were reportedly disarmed, with six firearms allegedly taken by the group.

Efforts by Timba and his management team to seek police intervention — including formal reports submitted to police headquarters as early as October last year — are said to have produced no action. Sources claim officers were instructed by the District Superintendent of Police (Dispol) not to respond, even as the alleged looting continued.

The lack of enforcement has been described by observers as deeply questionable, raising alarm over selective application of the law.

A legal expert, speaking anonymously, stressed that the law does not permit individuals to forcibly dispossess others of property, whether movable or immovable, under any circumstances.

Rushwaya is expected to appear before the Kadoma Magistrates Court on Thursday to answer charges linked to the mine invasion and alleged armed robbery.

Another source criticised the actions, saying those involved entered the mine without any legal authority.

Meanwhile, a senior government official has called for thorough investigations, warning that abuse of power and name-dropping will not be tolerated.

“There must be decisive action. Anyone found abusing influence to break the law must face the full consequences,” the official said, adding that such behaviour undermines efforts to maintain law and order.

The incident mirrors a recent case in which the Bulawayo High Court ordered several ZANU PF youths to immediately vacate Vubachikwe Mine in Matabeleland South. In a ruling issued on 2 February, Justice Bongani Ndlovu granted an urgent spoliation order, directing six individuals  including provincial youth leader Moses Langa  to stop illegal mining activities and leave the property.

Together, the two cases have reignited debate over political interference in the mining sector and reinforced calls for strict adherence to the rule of law.

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Crime and Courts

Ex-Banker Patterson Timba in Court Over Rape Charges

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Former Renaissance Financial Holdings banker, Patterson Timba (59), is facing rape charges and is expected to appear before the Kadoma Magistrates’ Court this afternoon.

According to the State’s case, Timba allegedly sexually assaulted a female employee at Tolrose Mine in Kadoma, where he served as a director. The incident is said to have occurred in October 2023.

The complainant is employed as a security guard at the mine but had on the day in question been asked to carry out domestic duties at Timba’s residence in the absence of a housemaid. Court documents allege that as she was preparing to leave the house, Timba switched off the lights, forcibly removed her clothing, and raped her.

It is further alleged that the complainant did not immediately report the incident. She later confided in someone two days after the alleged offence but did not receive assistance. In September 2025, she disclosed the matter to another individual who advised her to report the case to the police.

Following the report, the complainant was referred to Kadoma General Hospital for medical examination. The medical report is expected to be produced in court as part of the evidence.

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