Chiriseri theft cop challenges bosses’ internal disciplinary hearing decision

By Mashudu Netsianda

A police officer accused of conniving with accomplices to rob the late founder of His Presence Ministries International Apostle Charles Chiriseri’s corpse of $200 following an accident that claimed his life, has approached the High Court challenging his bosses’ decision to conduct an internal disciplinary hearing.

Tawanda Mawere (32) and his accomplices searched and stole $200 which was in the pocket of the Apostle Chiriseri. Apostle Chiriseri died at the 388KM peg along the Harare-Bulawayo Highway September in 2016 when his vehicle hit a donkey.

Mawere yesterday filed an urgent chamber application at the Bulawayo High Court citing Police Commissioner-General Godwin Matanga and one Superintendent Ngirazi in his capacity as the trial officer, as respondents.

He wants to block his bosses from conducting a disciplinary hearing pending the determination of a court application for review under HCR397/17 in which he is seeking an order directing Comm-Gen Matanga to permanently stay the unlawful disciplinary hearing.

Mawere wants an order interdicting his bosses from going ahead with the hearing after he was charged under Police Act for misconduct (discrediting the police service).

Mawere, it had been alleged, connived with another cop Mkhokheli Mpofu (30) who has since died and Mthandazo Rick Dube (34) from the Bulawayo Fire Brigade to steal the late Apostle Chiriseri’s money.

Mawere and Dube were, however, found not guilty of theft and acquitted by Bulawayo magistrate Ms Sithembiso Ncube last year in September.In papers before the court, Mawere argued that there was no basis upon which he should be brought before a disciplinary hearing after having been cleared by the court.

“I was acquitted and therefore expected that this clears me of all allegations of theft in line with provisions of the law. However, the first respondent (Comm-Gen Matanga) erroneously pushed that I be charged again on the same allegations in terms of the Police Act,” he said.

Mawere argued that the disciplinary court could not make a criminal finding since the criminal court had already acquitted him.

“The respondents are clearly attempting to try me for theft unlawfully under the cover of the Police Act. I have a right not to be tried two times on the same facts, especially after having been acquitted,” he said.

Mawere said his bosses’ decision to try him was a violation of his constitutional right.

He also wants an order interdicting the respondents from conducting the hearing in Harare.

“I have a clear right and am entitled to administrative action that is procedurally and substantively fair and just. More so a right to a fair hearing as encapsulated in section 69 of the Constitution of Zimbabwe,” said Mawere.

The late Apostle Chiriseri was travelling to Bulawayo with his wife Pastor Pertunia Chiriseri who suffered serious injuries and was admitted in hospital for about a month. Mthandazo was said to have retrieved the deceased’s body from the wreckage and searched it.

He then allegedly took $505,95 from the wallet and recorded it in the Famona Fire Brigade log book and Mawere and Mpofu appended their signatures in the presence of Mount Olives International church Pastor Gordon Dube who was one of the first people to arrive at the scene. When Pastor Dube left the accident scene, the trio allegedly connived to steal $200 from the money they had recovered.

The theft was discovered when a relative to the late apostle, Bishop Colin Nyathi of Harvest House International Ministries, communicated with Pastor Dube who revealed to him the amount of money that was found in Apostle Chiriseri’s pocket.

When Pastor Dube inquired from Pastor Nyathi whether he had collected Apostle Chiriseri’s property, he told him that he was only handed $305,95 as the recovered property.

Pastor Dube then confronted Mawere and Mpofu about the missing $200 and they both denied having misappropriated the funds.

The money and the fire fighter’s log book were not recovered. Investigations led to the accused persons’ arrest.

Mpofu died in March last year after he was hit by a motorist who failed to stop at a roadblock near the Apostle Chiriseri’s accident scene. The Chronicle