Is Chivayo getting away with it?


By Garikai Mazara

About half-a-year after foul-mouthed businessman Wicknell Chivayo sent abusive WhatsApp messages to this reporter, a matter which was immediately reported at Harare Central Police Station, the criminal case has apparently grown cold.

Wicknell Chivayo
Wicknell Chivayo

Whilst the Zimbabwe Republic Police, through its investigating officer, Assistant Inspector Mashinga, is saying that they completed the docket on April 24 and forwarded it to the National Prosecuting Authority, the NPA in turn is saying the police is yet to complete its “investigations”.

Caught in the web is the Postal and Telecommunications Regulatory Authority, which has been giving excuse after excuse for not extracting the offensive WhatsApp messages to be used as evidence in court.

Whilst Assistant Inspector Mashinga applied for and obtained a warrant from the Harare Magistrate’s court for access to the accused’s mobile device, to extract the offensive messages, on the other hand, Potraz, is asking the complainant in the case to avail his mobile device “for inspection”.

Interestingly, Potraz were the first to post on their official Twitter page on February 21: “This a serious offence and contravenes Section 88 of the Telecommunications Act of 2000.”

Minutes later, the regulatory authority tweeted: [email protected] and @SundayMail should report to the police. If need be, we can then assist the police in unpacking the act.”

And curiously, efforts to have the complainant’s device “examined” have been met with excuse after excuse from Potraz.

Norah Spie, the then Potraz’s public affairs manager (digital) writing on March 9, advised:

“Well received. Will pass it on to Mr Dzingirayi (in copy) who will be able to advise accordingly. But as discussed over the phone, you need a WARRANT OF SEARCH from the police/the courts.

“You then bring your handset to have the communication authenticated by Potraz.

“With this warrant, the police can also confiscate the other party’s handset. Please liaise with Mr Dzingirayi if you need any further assistance.”

But visits to Potraz have yielded nothing, with excuse being offered after excuse. The software for authenticating the conversation, at least from what was explained by Potraz, is in the hands of one person, who travels around with it in his laptop.

The frustrating approach by the combined Government organisations, from police, the prosecuting and regulatory authorities has left Tichawana Nyahuma, legal counsel for the case, considering the option of private prosecution.

What started as a routine reportage on the progress on the Gwanda solar project, a project which was tendered to the tune of $200 million, of which $5 million of taxpayers’ money has been advanced for pre-commencement works, turned nasty when Chivayo sent unprintable WhatsApp messages, some which insulted the reporter’s mother’s sexuality.

Justice delayed is justice denied.

The feature story, which was published on February 19, gave a narration of what was on the ground at the Gwanda site and Chivayo was given a chance to explain his position. The Sunday Mail

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  • Ndikoko

  • madirei mkoma mazara kushandisa penzura kurwisana nemari.dai matomukumbirirawo kuna Mwari muromo wake nemashoko anobuda maari zvanatswa.Ishe ndiye oga anotonga zvakarurama!!!He will use His money to frustrate you and prolong the case.

  • Usatambisa nguva. Kana une mari ndiwe une yese muno. Kune vakawanda vakaparirwa mhosva asi vakatopinda mumajeri vakadziita vari panze vachifara nemhuri dzavo. $ power baba.

  • Maybe he spend some few $ for someone to kill the case.The guy is corrupt and manipulative too.He can’t be allowed to get away with it.

  • You tell us.Everyone has their own weapon in a fight.You dissed him using the media and he dissed you back by Wattsapp. You can’t write shit about people and expect them to just go quiet some will respond and others will let you destroy their carreers because they can’t do anything about it.Wicknell fought back because he was hurt by the things you wrote about him.l would do the same.Yes he can buy himself out of this whilst you seek for public sympathy. You tell us

    • Bootlicker

    • Bigg Mike l don’t have any reason for bootlicking anyone lam just saying it like it is.l might not be as rich as Wicknell but lm ok .Sometimes these writers destroy other people’s careers by writing bullshit and now when they are given a taste of their own medicine they cry foul

    • Bigg Mike kasi uri hama ya gari? Bootlicking ndeipi apa? This Garikai mazara writes a lot of shit mu press! Dai ndrini ndaitozonyatso sungwa ndamurova!

    • Taura hako George anonyora zvaanoda munhu iyeyu and he destroys vanhu vakawanda nazvo

    • BIGG MIKE I DA CALL AS WELL.MOTHER FAR CAR CHAIYO

  • Nail him if he acted unlawfully.

  • KORAPUSHENI….at its best. Typical.

  • Money talks bulshit works.

  • To be frank with you Garikai i dont care about whatever happened to you.You juornos you are a bunch of idiots who are just bend on tarnishing and destroying lives.Most of you you write shit and expect to get away with it and for now Wicknell akakuwachisa.Mari inotonga uchida usingade.Ndezvako izvo usati nyaudze.

    • Taura hako ngaaende kwaaka reporter nyaya yake kwete kuda kutsvaga sympathy kwatiri!

  • Garikai was paid behind the scenes and withdrew the case ndomaonero angu

  • But your lawyers were instructed by his lawyers to translate those so called ‘abusive words’ in English. Probably his lawyers are still waiting for a dictionary.

  • Money speaks any language

  • Ndimi munotanga vana Garikai remember being a journalist doesnt mean you know everything and yu are imune to insults! Dai ndirini ndakatokumamisa kwete kukutuka pa fone! You Zim reporters munonyora zvimwe zvinhu zvisina basa! Siyai aita cash uake akadaro honai mumwe akazonzi unoita basa rekunyora zvisina basa ku Herald nevaye Mai!! Whatever happened to your case yu shud have gone kwawaka reporter monopedzerana ikoko kwete kuda kutdvaga dzvene kuvanhu! Nyaya yako yakawonekwa kuti haina musoro!!

  • am not a fan yaWicknell but pafair Garikai anonyora shit asina evidence

  • Gari waitangirei musindo?????

  • Bitch please

  • Yes he is getting away with it.I know you want money chingomu kumbira mushe pane zvauri kuita I’m sure he is a generous man.anokupawo stress youita shoma.# I’m just sayin

  • Until the cyber crime bill passes, WhatsApp messages won’t stand in court as credible evidence

  • Hamheno ikoko pedzeranayi hanti urimurume wo usadhererwe nevamwe

  • I prefer roasted liver

  • Dai akatokutorera mukadzi .tikukuzivai Iwewe n.a. Zvayi n.a. CHARAMBA Mai ita Sunday news papers as your tool to fight your enemies.

  • Ask CHARAMBA anokuudza kuti Chivhayo hauchamubata anoenda ku Lunch kwa moms

  • Man F*UCK this guy just like Chiyangwa out right riding on the Mugabes backs and all a bullshitters who don’t give crap about anything but themselves.

  • Ndopakati marika muzim

  • Mukanya

    Chivharo aka Chivayo is a proxy of the ruling dynasty!!

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