The ManicaPost
Lovemore Kadzura Rusape Correspondent
CONTROVERSIAL Chief Makoni, Colgen Simbayi Gwasira, was this week slapped with a four-month imprisonment after he was convicted of obstructing a Messenger of Court from attaching his property.
Gwasira (51) was convicted after a full trial by Nyanga provincial magistrate, Mr Ignatio Mhene, who said the State had managed to provide overwhelming evidence against the chief.
Sentencing Gwasira, Mr Mhene, who set aside the prison term and fined him $150, did not have kind words for the beleaguered chief, describing him as an embarrassment as he is a person who presides over a court, yet he is appearing in court for defying a court order.
Mr Mhene shot down Gwasira’s claims that the case was being engineered by fellow chiefs and politicians who were after his downfall, saying the Messenger of Court and three members of Zimbabwe Republic Police had told the court the truth that transpired on that fateful day.
During mitigation, Gwasira’s lawyer, Mr Muvhami pleaded for mercy and leniency for his client, saying he was a polygamist with two wives, 12 children, diabetic and earns $300 as allowances from Government. Mr Muvhami proposed $20 as the fine the chief could afford.
After Mr Muvhami finished presenting the mitigation, Mr Mhene directly asked Gwasira on how he deals with people who disobeys his court orders and the chief tried to duck the question and pleaded with the magistrate for mercy.
It was the State’s case led by public prosecutor, Mr Kelvin Mufute, who told the court that Gwasira contravened Section 72 (a) of the Magistrates’ Act, Chapter 7.1 when he obstructed the Messenger of Court from executing his duties.
“On October 7, 2015 at Mutare Magistrates’ Court, an Order Number 1571/15 was granted to the effect that the complainant who is a Messenger of Court should proceed to Gwasira’s workplace to execute the order. “Mr Majoni teamed up with his workmate, Taruvinga Tafirenyika and three police officers, namely Constables Mutiunovava, Keche and Chipamuriwo and proceeded to Chief Makoni’s Paramount Court, Rusape with the intention to execute the Court Order Number 1517/15.
“Upon arrival, the accused person was told by Mr Majoni that he wanted to attach a Hino Truck, Registration Number ACI9191 as equivalent to the four cows worth $1 600 as per the court order he was in possession of. The accused person refused and barred the Messenger of Court from executing the order.
“Gwasira instead, verbally threatened to assault the two Messengers of Court with a knobkerrie which he did not produce in the presence of the three police officers. Gwasira’s actions prevented the Messenger of Court from executing a lawful order granted by Mutare Magistrates’ Court,” said Mr Mufute.
