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Crime and Courts

Minister Masuka Rebuked in Damning High Court Farm Land Judgment

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High Court Judge Justice Regis Dembure on Thursday delivered a scathing rebuke to Lands Minister Anxious Masuka, lambasting his attempt to evict several farmers, including war veterans, from Springs Farm in Mashonaland East to allocate the land to business tycoon Billy Rautenbach.

In a sharply worded ruling, Justice Dembure declared Minister Masuka’s decision as illogical and a clear dereliction of duty.

The farmers, represented by prominent Constitutional lawyer Professor Lovemore Madhuku, successfully argued against the Minister’s directive.

“In my view, I agree with the applicants that the Minister clearly did not exercise his mind… and did not duly consider the representations and does not fall in line with the authority as required by Section 3 of the Administrative Justice Act,” Justice Dembure stated.

The Judge further highlighted the long-standing presence and significant investments made by the farmers on the land.

“I would also regard the decision as to the personal circumstances of the applicants that they have been on these farms for a long time, the first applicant I think from 2002.

They have made considerable developments and it is entirely their source of livelihood,” he emphasized, adding that “the Minister ignored those circumstances.”

Justice Dembure continued his strong criticism, asserting that the Minister “did not exercise his mind” in the attempt to displace the farmers.

He condemned the decision-making process, stating, “The manner in which the decisions were made clearly show that there was no due consideration at all to what they had said.”

The court noted the substantial investments made by the applicants, including the construction of various infrastructure and diverse farming operations.

One instance highlighted was an applicant involved in a joint venture set to expire in 2029, which would have been unfairly disrupted.

“It is my belief that the decision made by the Minister falls out of line and is not justifiable in terms of the law.

It is unfair, unreasonable and irrational. Such decision defies logic,” Justice Dembure said. Springs Farm is located just outside Harare, along Shamva Road. It is understood Rautenbach had planned to takeover the farm for housing development.

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Crime and Courts

Former Nketa MP jailed

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Former Member of Parliament for Nketa constituency will rue the day he became a bogus land baron and duped a nurse-aide that he was selling a residential stand as he will spend next two years languishing in prison.

Court records state that former Nketa Member of Parliament, Obert Manduna (43) has been sentenced to 4 1/2 years imprisonment for fraud, with 2 years effective, after deceiving a woman into paying USD 5900 for a residential stand he had no legal right to sell.

NPA said,” Between October 2020 and February 2022, the offender misrepresented to a nurse aide at Mpilo Hospital that he held a special power of attorney from the rightful owner to sell a stand Cowdray Park, Bulawayo.

“He drafted a fake agreement of sale and collected payments from the complainant in multiple instalments amounting to USD5900,” said NPA.

The offender was sentenced to 4 1/2 years imprisonment of which 6 months were suspended for 5 years.

Two years were suspended on condition of full restitution to the complainant. He will serve an effective 2 years in prison.

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Crime and Courts

Musician Chillmaster’s Lenient Sentence Challenged by High Court

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Well-known musician Kudakwashe Gift Hombarume, popularly known as Chillmaster, may receive a stricter sentence after the High Court sent his culpable homicide case back to the Mbare Magistrates Court for review.

Judge President Mary Zimba-Dube highlighted serious shortcomings in the original sentencing, stating that it did not fully address essential legal principles. The lower court has 30 days to re-evaluate his culpability in connection with the fatal road crash.

The case centers on an April 9, 2025 accident in which Chillmaster, who was unlicensed at the time, lost control of his car on New Chitungwiza Road, fatally striking pedestrian Custon Charumbira.

The 24-year-old musician admitted to speeding, failing to maintain control of the vehicle, and not paying sufficient attention to the road.

In May, Magistrate Tatenda Mukurunge fined him US$200 for driving without a license and handed down a two-year prison sentence for culpable homicide.

However, the sentence was wholly suspended—half on condition of good behavior and half on completion of 420 hours of community service at Stoneridge Primary School.

Justice Dube found that the magistrate failed to adequately consider aggravating factors in the case. These included Chillmaster’s excessive speed—between 80 and 100 km/h in a 60 km/h zone—his lack of a driver’s license, and the fact that he only came to a stop 67 meters after the impact.

“The manner of driving demonstrated gross negligence,” said Justice Dube, adding that such serious offenses should not result in non-custodial sentences.

She stressed that the courts must set a strong precedent to discourage unlicensed driving that leads to death.

Part of what influenced the lenient sentence was the victim’s family requesting mercy. They had received financial support from Chillmaster after the accident, including livestock intended to appease cultural beliefs tied to the victim’s spirit.

While commending the musician’s efforts, the judge clarified that such gestures cannot override the severity of the crime.

“A victim impact statement cannot override the requirements of justice,” said Justice Dube. “Courts should not give the impression that compensation can substitute for accountability in serious crimes.”

Justice Dube also noted that the original court failed to consider whether Chillmaster should be disqualified from driving—a measure that is mandatory in cases involving road deaths caused by driver fault. She emphasized that such bans promote road safety and serve as a deterrent.

The case now returns to the Magistrates Court, where a fresh inquiry will examine the extent of Chillmaster’s negligence, determine whether he should be barred from driving, and impose a revised sentence in line with legal standards.

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Crime and Courts

Zanu-PF Consolidates Control in Urban Areas Following By-Election Sweep

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Zanu-PF

The ruling Zanu-PF party has strengthened its dominance over urban politics after securing a clean sweep in recent local authority by-elections, further weakening an already fragmented opposition.

In Epworth’s Ward 6, Zanu-PF candidate Bushe Civilisen emerged victorious with a commanding 3,022 votes. Her opponents, Alice Nyahunzvi of the MDC-T and independent Peter Nyapetwa, managed just 120 and 23 votes, respectively. The voter turnout stood at 25.8%, with 25 ballots rejected.

Zanu-PF also claimed victory in Chinhoyi’s Ward 14, where Solomon Bizwork received 599 votes to defeat independent candidate Hope Zimbiri, who secured 194 votes. The turnout in that ward was 34.25%.

South Africa-based Zanu-PF supporter Kudzai Mutisi attributed the Epworth win to the strategic efforts of businessman Dr. Kudakwashe Tagwirei. Posting on X (formerly Twitter), Mutisi praised Tagwirei’s urban campaign approach, saying, “Dr. Tagwirei’s formula for winning in urban areas works,” and declared that Zimbabwe was now “every square inch a Zanu-PF stronghold.”

These by-election results continue a growing pattern of Zanu-PF regaining ground in urban constituencies historically dominated by the opposition. The MDC-T, under Douglas Mwonzora, failed to gain traction, while the faction aligned with Nelson Chamisa did not participate in the contests.

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