Bulawayo gold dealer’s trial stalls again

Peter Matika, Senior Court Writer

THE trial of Bulawayo gold dealer Mohammed Daka, who is accused of threatening to kill businessman Mr Bekezela Moyo during a payment dispute, has been postponed to Tuesday next week after the defence lawyer failed to attend court.

Daka, represented by Mr Prince Butshe-Dube of Butshe and Associates, was due to appear before Bulawayo magistrate Mr Challenge Mahembe yesterday. However, Mr Butshe-Dube requested a postponement, citing pressing commitments. The State did not oppose the application.

Retired High Court judge Justice Maphios Cheda, who is a key witness in the matter, was advised of the development and ordered to attend the rescheduled hearing.

The charges stem from a meeting held on June 12 at Cheda and Associates law offices in Bulawayo, where Mr Moyo, through his company Allied Security, was pressing for payment for services provided at Fools Mine, where Daka is general manager.

According to court papers, the meeting degenerated after the parties failed to agree on a payment plan. Daka allegedly issued chilling threats, telling Mr Moyo: “I wanted to kill you before, but now I am going to kill you. I am following you with your family everywhere. I have people following you and watching your house.”

Mr Moyo reported the matter to the police, while Justice Cheda submitted a written statement confirming what he witnessed.

In addition to the criminal case, Mr Moyo has filed a US$250 000 civil claim for defamation against Daka. Through his lawyer, Mr Bruce Masamvu of Masamvu and Da Silva-Gustavo Law Chambers, Mr Moyo is seeking US$150 000 for damages to Allied Security and US$100 000 for personal damages.

The claim arises from allegations that Daka circulated a WhatsApp voice note branding Mr Moyo a “convicted armed robber” and accusing him of attempting an armed robbery at Pottery Industries.

In a letter of demand dated July 23, Mr Moyo dismissed the allegations as false, stressing that Zimbabwe’s licensing laws would disqualify anyone with a criminal record from operating a security business, something he has never been subject to.

Daka has been ordered to issue a full and unconditional apology, but the deadline for a response has since expired.

The criminal and civil cases are now set to run concurrently, with Justice Cheda’s testimony expected to be central to the prosecution’s case.