Crime and Courts
Supreme Court Cuts US$345k Maintenance Award in Kangai Estate Dispute
The Supreme Court has set aside part of a High Court ruling that had granted US$345,754.08 in maintenance to Esther Chitando, the first wife of the late businessman Kumbirai Manyika Kangai, significantly reducing the award and reopening debate on estate distribution.
The judgment, which turns on contested marital history, inheritance rights, and the valuation of a multimillion-dollar estate, has reignited public discussion on how Zimbabwean law treats widows, customary marriages, and property ownership.
In a ruling delivered by Justice Hlekani Mwayera, sitting with Justice Tendai Uchena and the late Justice Feliciah Chatukuta, the apex court made it clear that while appellate courts are generally slow to interfere with lower-court discretion, intervention becomes necessary where decisions are based on incorrect facts or flawed legal principles.
At the heart of the dispute was whether Chitando remained a lawful spouse of the deceased. She was married to Kangai under customary law in 1957, with the union later solemnised in 1963. The appellants, led by Miriam Rehwai Kangai, Kangai’s subsequent wife under civil law argued that the marriage had been dissolved in 1964 through the customary issuance of a “gupuro” token.
Chitando rejected this claim, insisting that no divorce ever took place. Her position was supported by testimony from her daughter and grandson, who told the court that Kangai continued to recognise and maintain a relationship with her over the years.
The Supreme Court dismissed the appellants’ divorce argument, noting that the alleged issuance of “gupuro” actually confirmed the existence of a valid marriage and that no reliable evidence had been presented to prove its termination.
An affidavit filed by the deceased’s elder brother, Thomas Jamiel Kangai, alleging that “gupuro” had been paid, was also rejected. The court found the affidavit procedurally defective and largely hearsay, observing that such evidence carries limited probative value and cannot be properly tested.
While affirming Chitando’s status as a surviving spouse, the Supreme Court took issue with the size of the maintenance award granted by the High Court. It found that the lower court had relied on inaccurate assumptions, including errors in the valuation of the estate and the ages of the beneficiaries.
The judges stressed that maintenance awards must fairly weigh the needs of the claimant against the estate’s capacity and the rights of other dependants. On this basis, the original award was found to be excessive and potentially unfair.
The estate, estimated to be worth more than US$7 million, comprises agricultural properties and major developments linked to Luna Estates, a private company in which the deceased held shares. The High Court had ordered the transfer of property from Paarl Farm to Chitando, a decision the Supreme Court overturned.
The apex court underscored the legal principle that a company is separate from its shareholders and that property owned by a company cannot be transferred by an individual shareholder.
As a result, the matter has been sent back to the High Court for a fresh determination of maintenance, with clear instructions to properly consider the estate’s liabilities, the interests of all beneficiaries, and Chitando’s actual needs.
The ruling has drawn mixed reactions. Supporters view it as a reaffirmation of legal protection for widows in customary marriages, while critics argue the long-running dispute has unfairly delayed finalisation of the estate, to the detriment of the heirs.
As the legal battle continues, the Supreme Court has reiterated that its primary duty is to uphold fairness, balance competing interests, and ensure that justice is administered in accordance with the law.
Crime and Courts
Fake ID Fraud Suspect Appears in Court Over Loan Scam Allegations
A 32-year-old Harare man has appeared in court facing fraud allegations after allegedly using forged identity documents and fake payslips to secure loans from a financial institution.
John Chirine appeared before Harare magistrate Mr Michael Mafukidze on two counts of fraud and was released on US$300 bail.
According to the State, the complainant is Innbucks Microbank Limited, represented by the institution’s Head of Risk, Mr Marcos Mupingo.
Prosecutor Mr Lawrence Gangarahwe told the court that on April 26, 2026, Chirine allegedly used a counterfeit national identity card and a fake Natpack Flexibles payslip bearing the name Brandon Benhura to apply for a loan.
The court heard that Chirine allegedly visited Innbucks Microbank offices in Borrowdale, Harare, pretending to be Brandon Benhura and applied for a loan amounting to US$3 321.
It is alleged the financial institution processed the application and transferred the funds into an NMB Bank account allegedly linked to Chirine, who then reportedly withdrew the money for personal use.
In a second incident, prosecutors allege that on May 5, 2026, Chirine again attempted to secure another loan using forged documents, this time posing as Isaac Machingura.
He allegedly submitted another fake Natpack Flexibles payslip together with a counterfeit national identity card while applying for a US$6 300 loan from the same institution.
However, the alleged scam was reportedly uncovered before the funds could be released, prompting the institution to block the transaction and alert the police.
Authorities later arrested Chirine following investigations into the matter.
The court heard that Innbucks Microbank suffered a loss of US$3 321 as a result of the alleged fraud.
Crime and Courts
Seven Armed Robbers Nabbed
Itai Mazire
Police has confirmed the arrest of seven suspects linked to a series of armed robberies in Nyabira, following a dramatic early morning incident that saw community members pursue and apprehend one of the alleged criminals.
National Police Spokesperson Commissioner Paul Nyathi said confirmed the arrest of seven suspects, Malvin Mohammed Maisiri (32), Leonard Mahwindo (26), Tension Mahwindo (26), Heavens Chimupenga (17), Moffat Mango (50), Kudakwashe Munemo (29) and Goodwill Muchimba (39), in connection with a series of armed robbery cases which occurred in Nyabira.
The arrests stem from an armed robbery on 5 May 2026 at around 0300 hours at a house in Nyabira.
According to police, the suspects allegedly attacked the complainant while demanding cash and valuables before ransacking the house.
Commissioner Nyathi said the complainant alerted police who swiftly mobilised and proceeded to the scene where they found the suspect still inside the house.
Upon noticing approaching residents, the suspects attempted to flee.
However, members of the public pursued and apprehended one suspect, Mohammed Hamandishe. A Retay pistol, nine live rounds, four blank rounds and two pistol magazines were subsequently recovered from him.
The detained suspect implicated his accomplices, leading to their subsequent arrest in Nyabira and Chitungwiza.
Police recovered a Tokarev pistol, a magazine and one live round of ammunition, a bolt cutter and a bicycle, among other items.
The seven suspects are currently clearing three other armed robbery cases that occurred on 26 April 2026 in Nyabira, where cash and household goods were stolen.
“The Zimbabwe Republic Police commends the Nyabira community for their swift and courageous response, which led to the arrest of one of the suspects,” said Commissioner Nyathi.
Police are continuing their investigation.
“The ZRP is appealing for information which may lead to the arrest of outstanding suspects only identified as ‘Good’ and ‘Nyasha’. Anyone with information is urged to contact their nearest police station.”
Crime and Courts
Arrest Warrants Issued in Dr Pswarayi Estate Misappropriation Case
A Harare magistrate has issued warrants of arrest for Tinashe Pswarayi and Tauya Masunda after the pair failed to appear in court for judgment in a case involving alleged abuse of estate funds amounting to more than US$52 000.
Presiding magistrate Mr Tapiwa Kuhudzai ordered the arrest of the two accused, who are facing allegations of unlawfully diverting rental income generated from properties belonging to the estate of the late liberation war veteran and medical doctor, Edward Munatsireyi Pswarayi.
During the trial, estate executor and senior lawyer Caleb Mucheche, together with the late doctor’s UK-based daughter Chenayimoyo Pswarayi, gave evidence detailing how rental proceeds from the estate were allegedly siphoned between June and November 2014, before an executor had officially been appointed.
According to court testimony, Masunda and Tinashe allegedly set up two fraudulent trusts which prosecutors say were used to channel and conceal rental income collected from estate properties. The State argues that the accused unlawfully retained more than US$52 000 in violation of Section 42 of the Administration of Estates Act [Chapter 6:01].
The matter was brought before the courts by Takunda Pswarayi, who lives in the United Kingdom and is one of the beneficiaries of the estate.
Court proceedings revealed that Tinashe Pswarayi, who is unemployed, served as a trustee of the estate, while Masunda is the director of City Accounting and Secretarial Services and also acted as trustee for the Tondori 1 and Tondori 2 trusts linked to the deceased’s assets.
Prosecutor Polite Chikiwa told the court that Dr Pswarayi had transferred several properties into two trusts in 2009.
The first trust, Tondori 1, reportedly included Munatsireyi Service Station and a commercial property located in Machipisa, Harare. Tondori 2 allegedly held residential stands in Borrowdale Brooke and Kambuzuma, a supermarket in Kambuzuma, as well as a 51 percent stake in Tondori Farm (Pvt) Ltd in Beatrice.
Following Dr Pswarayi’s death on June 8, 2014, the properties remained under the control of the two trusts, with the accused continuing as trustees.
The State alleges that shortly after the death, the pair began collecting rental payments from tenants occupying the estate properties. Prosecutors say they collected US$9 835 in June 2014 alone but failed to hand the money over to the executor or notify the Master of the High Court as required by law.
The court further heard that between August and November 2014, the accused allegedly received an additional US$42 400 in rental income which was neither distributed to beneficiaries nor declared to the executor or the Master of the High Court.
Takunda Pswarayi, who was entitled to a 10 percent share of the estate income, allegedly received nothing during that period.
The alleged irregularities only came to light in December 2014 after Advocate Mucheche was appointed executor dative by the Master of the High Court.
The prosecution maintains that the two accused breached legal procedures governing deceased estates by failing to surrender assets and rental proceeds to the appointed executor.
Authorities say a total of US$52 235 was allegedly misappropriated, and no recoveries have been made so far.
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