Crime and Courts
High Court Dismisses Crowhill Residents’ Bid to Reopen Mount Breezes Estate Road
The High Court has dismissed an application by the Upper Crowhill Residents Association that sought to overturn Mount Breezes Borrowdale Brooke Estate’s gated community status and reclaim use of a disputed road passing through the private development.
In a ruling handed down by Justice Joel Mambara, the court found the application to be “fatally defective” and an abuse of legal process, ruling that the association lacked the authority to bring the matter before the court and had acted “with dirty hands” by occupying stands and using an unapproved road without compliance certificates.
“The applicant’s unlawful conduct lies at the core of its claim,” Justice Mambara said. “One cannot construct an illegal road through another person’s property and then ask the court to declare it lawful.”
The dispute centred on Crowhill Road, which residents said historically provided access to Borrowdale Road. However, in 2015, the City of Harare issued a letter confirming it had “no objection” to Mount Breezes’ gated community plan, enabling the installation of gates that restricted access to non-residents.
The Upper Crowhill residents argued that the City’s approval was invalid and that any road servitudes were extinguished when the land was subdivided in 1999. But the court rejected that argument, finding the association was improperly constituted — having only been registered in 2024 — and could not reopen matters already resolved by previous judgments.
Drawing on submissions from the respondents, Justice Mambara remarked:
“A child born in 2024 cannot retroactively challenge decisions made by its parents in 2015.”
The judge also criticised the association for ignoring a binding 2014 consent order, which granted Crowhill Farm (Pvt) Ltd sole authority to represent residents in all legal matters until the development is formally regularised.
He further held that the association’s case was, in essence, a review of an administrative decision disguised as a declaratory application and was therefore out of time, as it sought to challenge a municipal decision made nine years earlier.
Dismissing the case with punitive costs, Justice Mambara cautioned that courts would not aid litigants who openly disregard the law.
“The courts cannot connive with or excuse deliberate illegality. Citizens must obey the law first and argue later,” he said.
The ruling reinforces previous court decisions affirming Mount Breezes residents’ right to a private, gated environment and effectively closes the chapter on Crowhill residents’ prolonged effort to reopen the contested access road.
Crime and Courts
Four Businessmen Nabbed in US$363k Hawala Scam
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.
Crime and Courts
Rushwaya Faces Court as Armed Thugs Loot Tolrose Mine
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.
Crime and Courts
Ex-Banker Patterson Timba in Court Over Rape Charges
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.
-
Current Affairs3 months agoOperation restore order
-
Crime and Courts5 months agoMasasi High School Abuse Scandal Sparks Public Outcry
-
Crime and Courts5 months agoKuwadzana Man Jailed for Reckless Driving and Driving Without a Licence
-
Current Affairs7 months agoBreaking: ZIMSEC June 2025 Exam Results Now Available Online
-
Current Affairs6 months agoMunhumutapa Day: Zimbabwe’s Newest Public Holiday Set for Annual Observance
-
Current Affairs4 months agoBREAKING NEWS: ZANU PF Director General Ezekiel Zabanyana Fired
-
Current Affairs6 months agoNo Racism in Our Cricket: Government
-
Current Affairs6 months agoGovernment Bans Tinted Car Windows in Nationwide Crime Crackdown
