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Zanu PF DJ Masomere approaches High Court over attached property

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Masvingo Mirror
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Ndarama High School teacher who is also a DJ and was master of ceremony at Zanu PF rallies David Masomere
Ndarama High School teacher who is also a DJ and was master of ceremony at Zanu PF rallies David Masomere

By Simbarashe Mtembo | Masvingo Mirror |

MASVINGO – Ndarama High School teacher who is also a DJ and was master of ceremony at Zanu PF rallies David Masomere has applied to the High Court for a review of a judgment of a lower court that saw his furniture being attached over a public address system.

Masomere failed to pay US$608 for a PA System he hired from Meldwin Tech Investments and used at 11 Mnangagwa’s rallies. The company sued him and got a court order to attach his furniture, but somehow the Messenger of Court was forced to return it.

As if to snub the company which is desperately trying to get payment from Masomere, Mnangagwa publicly announced that he was giving Masomere a farm.

It is not clear what he was given the farm for and where the land came from because under normal circumstances land is applied for through the Ministry of Lands and due process is followed until an offer letter is issued.

Many Zimbabweans with the capital and means are failing to get land allocations from the Government.

Masomere also got a lot of pampering from Zanu PF including a 4×4 vehicle and cash.

He filed his application for review of the judgment on September 14, 2023, under HCMS458/23 and wants the court to throw out Masvingo Magistrate Isaac Chikura’s judgment.

Magistrate Chikura, Meldwin Tech Investments and the Messenger of Court are respondents.

Masomere wants the judgments to be set aside on the basis that they are both default judgments. He argued that he gave the court ample reason for his failure to attend but he was disregarded on both occasions and default judgments were issued.

On the first judgment issued on July 28, 2023, Masomere alleges that he was in Victoria Falls on national duty. He also says that he was served summons two days before the court hearing when he was already in Victoria Falls.

The second default order was issued on August 18, 2023. Masomere alleges that his lawyer Knowledge Mabvuure of Chihambakwe Law Chambers was on leave. He says that he presented a letter to that effect in court on August 17 and the matter proceeded the next day.

“The matter was set down for hearing on the 17th of August 2023.

“On the date of the hearing, Messrs Chihambakwe Law Chambers wrote a letter wherein the court was advised that Mr Mabvuure who was seized with the matter was on leave and they proposed that proceedings be deferred to the 4th of September 2023.

“On the 17th August 2023, the applicant appeared in court and made an application for a postponement of the matter and advised the court of his legal practitioner’s predicament.

“The matter was rolled over to the following day despite the fact that the court had been advised that the lawyer was not available. The applicant was visited with another default judgment,” argues Masomere.

Through his lawyer Omen Mafa of Mutendi, Mudisi and Shumba Legal Practitioners, Masomere is arguing that the magistrate misdirected himself as he had produced proof that his lawyer was not available. The court also deprived him of his constitutional right to legal representation, he further argues.

He is also disputing WhatsApp conversations and quotations produced as evidence in court.

Masomere’s defy deep refrigerator, an upright Capri refrigerator, a plasma 65-inch Ecco television, a four-piece lounge set, and a wooden television stand were attached under order MSVPSCC161/23.

Chicken Inn wins trademark battle…. Chicken Slice barred from using “Luv”

By
Tanaka Sibanda
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Chicken Inn has over 200 outlets in the country and throughout Africa
Chicken Inn has over 200 outlets in the country and throughout Africa

Chicken Inn, through its parent company, Innscor Africa Limited claimed a huge victory after the Supreme Court ruled in their favour by barring Slice Distributors trading as Chicken Slice from using the word “Luv” as part of their trademark.

The long running battle came to an end on Friday after the Supreme Court ruled Chicken Slice was indeed infringing on its competitors trademark.

The ruling follows a successful appeal by Innscor which approached the upper court appealing against a High Court ruling in favour of Chicken Slice.

Full judgement was not readily available.

Earlier this year, High Court Justice Sylvia Chirawu-Mugomba dismissed Chicken Inn’s application after it filed an application in 2019 seeking an interdict against Chicken Slice for using its trademark, ‘Luv’ and its colours.

Chicken Inn took the rivalry with Chicken Slice to the courts arguing that the latter had used ‘Luv’ in its burger and grill logo.

The company also argued it has always used ‘Luv Dat Chicken’ since in 1987 before Chicken Slice started using ‘I Luv it’ on its burgers boxes.

Chicken Inn submitted that the resemblance of the trademark and colours confuses consumers of their products.

Chicken Slice rebuffed the accusations arguing that Chicken Inn does not own exclusive rights to the tagline ‘Luv’.

In delivering judgement, Justice Sylvia Chirawu-Mugomba had said beside the word ‘Luv’, the marks used are not similar and are used on the burger rather than the Chicken Slice logo.

“In my view a national customer who encounters the products of the plaintiff and the first defendant is not likely to be confused by the difference between them,” said the judge.

Now this has been set aside.

Three killer cops spared death sentences after Supreme Court appeal

By
Tanaka Sibanda
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Constitutional Court and Supreme Court of Zimbabwe
Constitutional Court and Supreme Court of Zimbabwe

Three former Zimbabwe Republic Police (ZRP) members who were sentenced to death in 2014 by the High Court had their sentence overturned by the Supreme Court that ruled that they must be given jail terms instead of death.

The trio Kudzai Madziro, Leeroy Muteyera and Ronald Sambo, who were attached to the Police Support Unit in Harare were jointly convicted with a civilian, Emmanuel Dolosi.

In the recent judgement, the Supreme Court bench chaired by Hlekani Mwayera upheld the their appeal against a High Court judgement sentencing them to death, saying lower court judges erred in sentencing them to death.

“The Police officers ought to have protected and promoted the right to dignity which is enshrined in s 50 of the Constitution. The appellants deserved to be treated humanely and with respect for their inherent dignity and not to be compelled to make confessions.

“The trial court ought to have excluded such evidence as there was no adequate rebuttal of allegations of ill-treatment and assault,” said the judges in referring the convicts back to the lower court,” the Supreme Court ruled.

The judges noted that when cross-examined, Alfred Mhakayakora, a detective with the Criminal Investigation Department’s Homicide Section confirmed that the second appellant had swollen hands and had a missing tooth.

He also confirmed that he saw some dirt on the clothes of the third appellant.

“It is pertinent to note that the prison warrant in respect of the fourth appellant recorded that he had some injuries when he was admitted at Chikurubi maximum prison.

“One then wonders how he sustained those injuries. Additionally, the video on the indications did not run continuously as was confirmed by Alfred Mhakayakora.

“It raises questions on what was happening in between the intermittent recordings of the video. This is especially so when one considers the allegations of assault.

“Therefore, it cannot be ruled out in these circumstances that indeed the appellants were assaulted and tortured before being admitted to prison. In our view, there was inadequate rebuttal of ill-treatment and torture by the police.”

The judges however confirmed the conviction on the charge of murder, ruling that Madziro, Muteyera, Sambo and Dolosi were aware of the crime prior to its occurrence and were subsequently a part of its commission.

The four were found guilty of killing Edson Manembe at Gletwyn Farm in Chishawasha Highlands Harare, in 2010 in an unlawful enterprise to rob the Police farm.

During their trial, the court heard the four, together with Clever Ndlovu who was later killed during a shootout with police, entered the farm through a hole in the security fence, assaulted the guards and went on to shoot and kill Manhembe.

In their appeal they however argued that they were coerced to do so.

The Supreme court said the trial court should have conducted a thorough investigation into the four’s allegations of assault and torture by the police.

The judge said it cannot be said that the four deliberately set out to kill.

“However, the evidence renders them liable for murder in terms of s 47 (1) (b).

“Accordingly, the appeal against the sentence is allowed. The sentence of death is set aside and the matter is remitted to the same court for consideration of and the passing of an appropriate sentence in accordance with the law,” the judges ruled.

Man United legend Sir Alex Ferguson’s beloved wife Cathy dies aged 84

By
BBC News
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Lady Cathy Ferguson, the wife of former Manchester United manager Sir Alex Ferguson, has died aged 84.

The couple married in 1966, spending 57 years as husband and wife, and had three sons, including Peterborough boss Darren Ferguson.

“We are deeply saddened to confirm the passing yesterday of Lady Cathy Ferguson,” a statement from the Ferguson family said.

“The family asks for privacy at this time.”

Flags at Old Trafford have been lowered to half-mast as a mark of respect, and the men’s and women’s teams will wear black armbands in their fixtures this weekend.

Manchester United said in a statement: “Everyone at Manchester United sends our heartfelt condolences to Sir Alex Ferguson and his family on the passing of Lady Cathy, a beloved wife, mother, sister, grandmother and great-grandmother, and a tower of strength for Sir Alex throughout his career.”

Cathy and Sir Alex, 81, met in 1964 while they were both working at a typewriter factory.

For 27 of their years together Sir Alex was manager of Manchester United, and Cathy is said to have played a key role in persuading him not to retire in 2002.

Writing in his autobiography, Ferguson said she had told him: “One, your health is good. Two, I’m not having you in the house. And three, you’re too young anyway.”

When Sir Alex did announce his retirement 11 years later, he said: “My wife Cathy has been the key figure throughout my career, providing a bedrock of both stability and encouragement.

“Words are not enough to express what this has meant to me.”

Several clubs paid tribute to Cathy on social media.

Manchester City posted on X: “Everyone at Manchester City sends their condolences to Sir Alex Ferguson and his family at this very difficult time.”

Arsenal offered their “heartfelt condolences”, adding: “May Lady Cathy rest in peace.”

Sir Alex’s former club St Mirren said: “Everyone at St Mirren Football Club sends its deepest condolences to Sir Alex Ferguson and family following the sad news of the passing of Lady Cathy Ferguson.”

Aberdeen, another of Sir Alex’s former clubs, also sent their condolences, while Peterborough said: “Everyone at Peterborough United Football Club offers our sincere condolences to Darren Ferguson and his family on the passing of his beloved mother, Lady Cathy.”

Zim Hip Hop Awards return as genre celebrates golden jubilee worldwide

By
Thando Kanye
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File picture of Stunner and Mudiwa at Zim Hip Hop Awards in 2017
File picture of Stunner and Mudiwa at Zim Hip Hop Awards in 2017

Zimbabwe’s flagship hip-hop awards ceremony, the Zim Hip Hop Awards are set to make their return with submissions for the arts extravaganza, which coincides with the genre 50th anniversary, already in progress.

The submission process, which began on 5 October, is set to close on 9 November, with nominees set to be announced on 13 November.

In a statement, Zim Hip Hop awards’ PR and Communications manager Terry Mudiwa said this year’s ceremony, will be held on the 50th anniversary of the genre worldwide, would continue to champion the development of hip-hop in the country.

“We are thrilled to launch the submissions process for Zim Hip Hop Awards. This is an opportunity for us to celebrate and honor the exceptional talent within our vibrant rap community, especially as the world celebrates 50 years of hip- hop.

“We encourage everyone to participate and support their favorite artists by casting their entries. Together, let’s recognize and uplift Zimbabwean hip hop.”

This year’s awards would recognise those that have been at the forefront of pushing the genre, as it continues to scale new heights.

“The submissions, which begin today, aim to highlight the incredible achievements and contributions of artists, producers, DJs, and all elements of the culture from individuals who have made a significant impact on the Zim Hip Hop scene.

“This initiative strives to showcase the diverse range of talent that exists within Zimbabwean hip hop culture and provide well- deserved recognition to those who have pushed the boundaries of creativity and innovation,” the statement said.

This year’s awards, which run under the theme Evolution, will be focused on showcasing the strides made by the genre globally, Mudiwa said.

“Zim Hip Hop Awards has always been committed to supporting the growth and development of the local hip hop industry. Hence, our theme for 2023 is “Evolution,” which is inspired by the worldwide celebration of hip hop turning 50 years.

“This year, we are striving to show the development and growth of hip hop not only in Zimbabwe but across the globe as a culture.

As part of the evolution, the Zim Hip Hop Awards brand will be engaging fans, industry professionals and music enthusiasts who truly understand the pulse of the genre in celebrating and showcasing the milestones of the culture in Zimbabwe,” the statement read.

This year’s awards are set to be adjudicated by a team of experts to prevent any gripes or controversies around the eventual winners.

“To ensure a fair and transparent selection process, an independent panel of judges comprising seasoned industry experts, renowned artists, and respected music critics has been selected by the awards board. These judges will review the submissions,” the statement added.

“I don’t see myself trying again” – Nadia Nakai gives up on love after AKA death

By
Thando Kanye
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Nadia Nakai dealing with the crushing blow of losing her boyfriend Kiernan “AKA” Forbes who was shot dead in Durban (Pictures via Instagram)
Nadia Nakai dealing with the crushing blow of losing her boyfriend Kiernan “AKA” Forbes who was shot dead in Durban (Pictures via Instagram)

Rapper Nadia Nakai says she believes that the love train has passed her, after the brutal killing of her boyfriend, South African rapper Kiernan “AKA” Forbes earlier on this year.

Nakai was dating AKA when he was gunned down outside a restaurant in Durban alongside his friend and well-known chef, Tebello “Tibz”’Motsoane.

In a recent interview with US outlet, The Shade Room, Nakai said she believed that she had found the one for her in AKA before he was brutally taken from her.

“I don’t think so, I feel like I’ve found the love of my life, and the devil took him, and honestly, when I look around… when I go into these clubs, and I go into these spaces and I look at the men that are around he was, like, the last of a dying breed for me.

“I feel like guys right now are not about chivalry. They’re not about being the man in the relationship, they are not about leading their household.

“They are not about that stuff anymore, you know… [Some] are okay with their women working their butts off to look after them and themselves. They are just ratchet beings,” she said.

Nadia said she believed AKA was her Prince in shining armor, after a number of failed relationships.

“Unfortunately, I’ve kissed multiple frogs, and then I got my Prince [AKA], and then things changed. So, I don’t see myself trying again. I don’t see it happening.

“But I don’t want to close the doors because I’d like to be open because maybe God still has a plan for me, I’m hoping. But I think God knows my heart because I have these battles where [I’m like], ‘I don’t want it!’

“Then, I’m like, ‘God, please. I don’t want to be alone.’ But, like, also, ‘No, screw this.” Then, ‘God, please, I just want to be able to have kids.’ You know, there’s kind of that battle,” she said.

Nakai also expressed doubts about whether she would even become a mother in future, despite the fact that she wanted a family. The rapper has forged a close relationship with AKA’s daughter, Kairo.

“I do, but I just don’t see how. I would love to have kids. I would love to have my own family set up. I’m alone a lot of the time. When I’m at home, I’m by myself.

“I live alone, it’s just me and my dog. And, if I am not working, I am at home. So, it’s, like, I would love to come home to, like, a situation. You know? But I don’t see that happening,” she said.

Burna Boy’s mother says Afrobeats megastar is still ‘a work in progress’

By
BBC News
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5

By Wedaeli Chibelushi | BBC News |

Burna Boy has had an incredible year. The Nigerian megastar made history as the first African musician to headline a sold-out stadium show in the US, as well as the UK. Meanwhile, his latest album, I Told Them…, shot into the top 10 in charts across the world.

However, according to his mother, Burna Boy has not yet fulfilled his potential.

“I admire the diligence, the hard work but he’s still a work in progress,” Bose Ogulu, who also manages the Afrobeats singer, told the BBC’s Nyasha Michelle.

“There are many more milestones to attain. We need to not just step down and look at what we’ve done, but keep doing more.”

Affectionately dubbed Mama Burna by fans, Ms Ogulu rivals Kardashian matriarch Kris Jenner for the title of ultimate “momager”.

Mama Burna learnt the trade from her own father, who managed late Nigerian icon Fela Kuti. Away from music, she’s also an accomplished businesswoman and linguist.

“I ran a language school for 18 years. I quickly understood the power of languages and the power of culture,” Ms Ogulu, who on Sunday joined the likes of Stormzy, Mohamed Salah and Mo Farah as a Best of Africa award-winner.

In order to manage Burna, Ms Ogulu had to step away from the language school – a decision she says she was confident in making.

“I have known since he was probably 13 or 14 that he was going to be great at something. I had already seen him in the studio, I had already watched him form a high school band,” she said.

“From when he was in JSS3, which I think would be Year 9, we started trading studio time for grades. I would say: ‘OK, if you make a B or an A in this, I’ll pay for studio time during your mid-term’.”

However, she “wasn’t prepared” for Burna Boy to drop out of university in order to pursue his burgeoning music career.

She said: “That was my problem, like ‘OK you can do this, but you’re almost there. How about you just finish this degree programme’.

“That’s where the African in me came out. Together his father, my father and I sat down and told him the consequences of doing it his way and he was like: ‘That’s fine’.”

Burna Boy has since won a Grammy and toured the world with his music, so the gamble has clearly paid off.

So where do the mother-son duo go from here?

“If we’re doing four stadiums, let’s do 10,” Ms Ogulu said.

“There’s always a higher level to get to – and that should be our focus.”

Jim Kunaka re-joins Zanu-PF, says “opposition parties are full of failures”

By
Staff Reporter
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Former Zanu-PF terror group leader Jim Kunaka (right)
Former Zanu-PF terror group leader Jim Kunaka (right)

Former Zanu-PF Harare Provincial Youth chairman Jim Kunaka, who found notoriety organising political violence, has rejoined the ruling party claiming that “opposition parties are full of failures”.

Kunaka joined opposition politics in November 2017 after the military coup which ousted the late former President Robert Mugabe. He became a fierce government critic.

The prominent politician has decided to go back to Zanu-PF saying he was “myopic and misled by anger and disgruntlement.”

“I was myopic and misled by anger and disgruntlement. I am a Zanu PF member to the core and no one can take it away from me. This is my decision and I am not influenced by anyone,” Kunaka told journalists in Harare.

“I am ready to work for the party as a messenger. I am ready to deliver. I am ready to work for the party to ensure Harare is back to Zanu PF.

“The truth of the matter is that there is nothing there; opposition parties are full of failures. Some of them have been MPs, but they have nothing to show for it. Why should I follow such blind people?

“I said there is nothing that could stop me from returning home. This is my decision as a politician,” he said.

Zanu PF Secretary General Obert Mpofu, said Kunaka was welcome.

“The earlier the better, he realised the need to come back home; he is a product of the party,” said Mpofu.

“The President has always said everyone is free to come back home. The party is open for everyone.”

After the 2018 elections, Kunaka exposed Zanu-PF for allegedly using security forces to manipulate elections and deal with political foes through abductions, torture and smear campaigns.

He was speaking before a commission of inquiry which was investigating the August 1, 2018 shooting of six civilians during post election demonstrations in Harare.

“There should be mass action for Job Sikhala”- Temba Mliswa tells CCC

By
Staff Reporter
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14

Former Norton legislator Temba Mliswa believes that the opposition Citizens Coalition for Change (CCC) has not done enough to stand in solidarity with its member Job Sikhala who has been languishing in prison for over a year over politically motivated charges.

Sikhala was arrested in June last year and charged with incitement to commit public violence to avenge the gruesome murder of CCC activist Moreblessing Ali. He was also slapped with obstructing the course of justice charges before being convicted and fined US$600.

He, however, remains in jail for the other cases which according to his party are trumped up charges.

Mliswa said the CCC is not pushing for Sikhala’s release. He rubbished claims by party activists that the party is a victim in the matter.

Opposition MDC Alliance Vice Chairman Job Sikhala says the “entire system is congested with idiots” after the outspoken MP was brought to and from court in leg irons
Then opposition MDC Alliance Vice Chairman Job Sikhala said the “entire system is congested with idiots” after the outspoken MP was brought to and from court in leg irons in January 2021

The former independent MP further cited Sikhala’s recent letter published by the NewsHawks in which he blamed his party for betraying him.

“People on my back harping about me blaming the victim in the Job Sikhala case are missing the point. Whatever injustices committed against Sikhala by those who have unjustly jailed him don’t absolve his own comrades from taking their own initiatives to alleviate his situation,” Mliswa wrote on his X handle.

“No wonder why Sikhala himself has written about betrayal as reported by NewsHawks. It’s because of the absence of these issues which I have cited. It’s as simple as that. The opposition has its own responsibility which doesn’t disappear because they are the victim.

“We all know the injustices being committed against Sikhala and those who have the powers and levers to change that. However, as the team on his side the opposition has its own sphere of influence and responsibility which mandates they have to act and not simply be pliant.

“Moral and financial support has nothing to do with power. Standing in solidarity and putting up his son as a candidate has nothing to do with the Gvt. Setting up a Trust to support him and his family, even all other arrested opposition members, is also within its purview.”

Mliswa said instead of boycotting President Emmerson Mnangagwa’s official opening of the 10th Parliament on Tuesday, the opposition needed to organise mass action demanding the release of Sikhala.

“I have been arrested over 60 times and know what the situation is like for a victim. You can’t tell me about being a jailbird. Thus I still ask my question, what have you done to stand with Job? There should be a clear standpoint on how a party responds and acts in such situations.

“How you react when your member is unjustly treated by the Govt engenders trust and confidence in the rest of the opposition family. This lackadaisical approach to Job’s case feeds more flesh to conspiracies that he may be inside with the silent agreement of his factional enemies.

“Instead of boycotting against ED which practically yields nothing, there should be mass action for Job, calling for his release from prison. You can’t be like Zanu PF that treats as an enemy anyone who contradicts specific ways of its operations. Criticism can be useful,” he added.

Teachers to take Mnangagwa to court over his unilateral legislative agenda

By
Staff Reporter
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0

The Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) is planning to drag President Emmerson Mnangagwa to court for failing to include amendments to the Public Service Act (PSA) in his legislative agenda announced on Tuesday this week during the official opening of the 10th Parliament.

Mnangagwa, in his State of the Nation Address, said that 17 bills would be tabled for debate while four other pieces of “obsolete” legislation would be repealed.

The current PSA which restricts civil servants’ collective bargaining efforts for their wages and working conditions was left out.

Under the PSA section 19 civil servants are restricted to take industrial action if they are not satisfied with wages and their working conditions.

ARTUZ leader Obert Masaraure said the act infringes on civil servants’ right to to call for better livelihood. Against this background, the union has already initiated legal proceedings to challenge the current PSA.

“We will not allow the government to continue violating our constitutional rights,” Masaraure said.

“The Public Service Act currently on strike, doesn’t provide for collective bargaining and doesn’t capture the right to a fair wage.

“All these rights clearly captured in the 2013 Constitution particularly section 65,” added Masaraure.

Last year in February, the government threatened to fire striking teachers if they failed to return to work.

Masaraure further castigated the government’s ultimatum and 20% salary increase advocating for a need to set up a collective bargaining legislative mechanism which guaranteed they received satisfactory salaries and working conditions.

“As things stand, employers unilaterally fix conditions of service without going through collective bargaining.

“We will fight tooth and nail for the right to collectively bargain and we will leave no stone unturned and no turn unstoned.

“We will force the issue onto the legislative agenda, until we achieve our goal.

“We can’t afford 5 more years of poverty,” said Masaraure.

The union’s decision to take legal action is a significant escalation of the dispute over collective bargaining rights.

If ARTUZ is successful in its legal challenge, it could have far-reaching implications for civil servants across Zimbabwe.

It would mean that civil servants would finally have a legal binding voice in determining their own wages and working conditions.

For years, teachers have been calling for an improvement of their wages due to inflation which has taken a toll on Zimbabwe’s ZWL currency. They want to be exclusively paid in the stable United States dollar.

But the government remained adamant and continues to pay them in through the volatile currency.

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