Businesswoman cleared of racial slur

Court Reporter

An Indian businesswoman, who was being accused of contravening the Postal and Telecommunications Act, was yesterday cleared after the magistrate ruled there was a possibility that the complainant was intent on “fixing” her. Nighet Parween Savania (63) was said to have insulted Max Mussa over the phone saying “you are a stupid crook because you work for this kaffir lawyer you think you are big”.Mussa is employed at Venturas and Samukange Legal Practitioners as an assistant.

However, Savania denied the allegations saying Mussa was trying fixing her for reporting him to the police on extortion charges involving $40 000.

Through her lawyer Mr Oliver Marwa, Savania submitted that Mussa masqueraded as a lawyer, swindling people, especially the Indian community.

“The accused will state that these are frivolous and vexatious allegations meant to settle scores with accused because she and her sons have voiced among the Indian community that the complainant has the habit of extorting monies from members of the Indian community who would have legal problems masquerading as a registered legal practitioner yet he is just but a runner,” Mr Marwa said.

He added that Mussa boasted that he controlled the judicial system.

“She will state that these are clearly malicious and fabricated allegations being peddled by the complainant who has counter reported in a bid to show the accused that he has his alleged connections in the criminal justice system.

“He has clearly alleged that he will use his powers, money and connections to have accused convicted and sent for community service. The complainant is boasting telling people that all judicial officers eat from his pocket,” he said.

Savania successfully made an application for discharge at the close of the State case.

In his ruling, Harare magistrate Mr Tendai Mahwe said it was clear that Mussa made a counter report to the police.

“The accused reported a case of extortion where she alleged that Mussa had extorted $40 000 from her. The complainant stands accused of extortion of $40 000 from the accused whom he now accuses of saying obscene words to him.

“|There is a possibility that he may be out to fix her for having reported the matter. The matter of extortion was indeed reported against complainant and the issue is common cause,” he said.

“This scenario tells us that there now exist animosity between the two parties. The explanation in defence by Savania is that when she made the phone call, she was only asking the complainant why he was sending people to threaten her over the issue that she had reported of extortion against him.”

Mr Mahwe threw out the evidence of the second State witness on the basis that h appeared to have been coached.

It was alleged that around 2pm on June 25, Mussa received an offensive phone call from Savania.