High Court still to rule on Gumbura cases
By Tendai Rupapa
The trial of Robert Martin Gumbura, the leader of RMG Independent End Time Message, accused of raping one of his congregants with the assistance of his secretary Tendai Ganyani, was yesterday postponed to November 21 pending his application for review at the High Court.
Gumbura and Ganyani, through their lawyers Advocate Thembinkosi Magwaliba and Ms Rekai Maposa of Maposa, Ndomene and Maramba Legal Practitioners, had applied for discharge at the close of the State case and regional magistrate Ms Fadzai Mthombeni dismissed the application on the basis that the State managed to prove a prima-facie case against them.
The pair then approached the High Court seeking a review of the proceedings whose application is still pending.
According to the law, the lower court cannot proceed with the trial until the determination of the matter by the High Court.
When the duo appeared in court yesterday before Ms Mthombeni, prosecutor Mrs Kudzai Chigwedere told the court that they had not received communication from the High Court.
“Your Worship, the review has not yet been heard so we cannot proceed, still awaiting position of the review. If the matter can be postponed to November 21,” she said.
In response, Ms Maphosa consented to the postponement.
Mrs Chigwedere alleged that Gumbura took advantage of the underprivileged girl and raped her with the help of Ganyani, who ordered the girl to go into his office before she locked the door from outside.
After raping the girl, it is alleged, Gumbura phoned Ganyani to unlock the door.
Meanwhile, the trial of his three wives and their alleged five accomplices accused of photographing themselves naked has also been further postponed to December 29.
Choice Neganje (32), Amadeus Mutakwa (32), Rutendo Sekai Mandiya (28), Pamela Kandawire (27), Runyararo Musvovi (27), Veronica Mbanga (27), Tendai Kwatara (34) and Moreblessing Takawira (35) are facing charges of contravening the Censorship and Entertainment Control Act.
They, however, notified the court of their intention to apply for refusal of further remand if the State fails to proceed with their trial on the next remand date.
Their matter was also referred to the High Court early this year for review of the proceedings.
The group yesterday appeared before magistrate Mr Milton Serima and prosecutor Mr Michael Reza submitted that they were in the process of transcribing the record to the High Court adding that it was beyond his control for the matter to be set saying the High Court can take a long time.
Ms Maphosa argued that her clients have been on remand for too long.
Mr Serima remanded the matter to December 29.
On October 21, 2013 Victim Friendly Unit police officers received reports of abuse of children and women at Gumbura’s house.
The following day police went to the house to conduct a search.
It is alleged they found 16 pornographic DVDs and 57 photographs of all the accused persons posing naked. TH
