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Midlands Bureau
THE Law Society of Zimbabwe has given Gweru lawyer, Tonderai Chitere, a 14-day ultimatum to respond to allegations that he “manufactured facts” which contradicted with an accused person’s version of recorded facts in a case of stock theft.
Chitere’s client, Felix Tafirei Mujuru of Matamba Farm in Mvuma, who had stolen a neighbour’s bull, was fined $400 in February when he appeared before the courts in Gweru.

Bulawayo High Court Justice Nokuthula Moyo set aside the judgment and ordered a retrial of Mujuru. Mujuru was subsequently sentenced to nine years in prison.

LSZ president, Lloyd Mhishi, confirmed receiving Justice Moyo’s copy of judgment.

He said:
“I confirm that a report has been made against one of our members, Tonderai Chitere. As LSZ, we ask for a response from the member facing the allegations.

“We are still to make a decision on that. The concerned member has to respond within 14 days. If the allegations are serious we will forward the matter to the disciplinary committee to handle it.”

The presiding magistrate, Gertrude Mayenyoso, is also under investigation. Chief magistrate, Mishrod Guvamombe, said they were “seized with the issue” and declined to elaborate further since the matter was sub-judice.

Chitere and Mayenyoso were exposed after Justice Moyo set aside the judgment and ordered a retrial of Mujuru.

Mujuru was brought before the courts again a fortnight ago and convicted before being sentenced to nine years in prison.

Justice Moyo recommended that the chief magistrate’s office and Law Society of Zimbabwe take appropriate action against the two law officers.

The High Court judge questioned how a stock theft case was dismissed with a $400 fine only when the accused person had confessed to stealing.

Justice Moyo said the two law officers found special circumstances in the case when the accused gave reasons for committing the crime.

The facts of the case are that on January 9 this year, Mujuru took a bull belonging to Cephas Zirongwe Mukandi from the grazing paddock of Farm No.5 Blink Water, Mvuma to his Matamba farm.

Mujuru then slaughtered Mukandi’s bull assisted by Sebastain Madzivire whom he had told that the bull was his.

After slaughtering the bull, Mujuru loaded the whole carcass into his Mazda truck.

He drove to Mvuma Primary School where he sold the meat to the school bursar, Rabson Chari.

Chari asked Mujuru for the livestock clearance certificate and veterinary permits but Mujuru told him that he had forgotten them at home.

Chari then advised Mujuru that he would only pay him for the meat on the following day upon production of the police clearance certificate and the veterinary permits.

Police received a tip-off resulting in the arrest of Mujuru.

Upon his arrest, Mujuru showed the police where he had hidden the hide of the stolen beast. The hide and the head of the bull were positively identified by the complainant, Mukandi, as belonging to his bull that went missing from the grazing paddock.

Mujuru pleaded guilty when he appeared in court in February.

Justice Moyo said magistrate Mayenyoso accordingly charged Mujuru and convicted him of stock theft.

Problems only arose when the magistrate fined Mujuru $400, which he paid and left the court a free man.

Justice Moyo said: “There are no special circumstances at all on the facts of this case and I accordingly confirm the conviction but the finding on special circumstances and the sentence that followed are set aside.”