dyton mupawaenda
Zvikomborero Parafini
The five suspected hitmen allegedly hired to kidnap a businessman and write off a debt will know their fate today following their application seeking the recusal of the new trial magistrate.
The five men, Moses Monde of Johannesburg, Malvin Manzinde, Malvin Tatenda Nyamuranga, Norbert Muponda, and Joshua Mapuranga, who are based in Cape Town appeared before magistrate Stanford Mambanje.
Initially, they had appeared before Clever Tsikwa who was the trial magistrate, and had remanded the matter to Wednesday because the complainant was not available.
Last Wednesday they then appeared before magistrate Mambanje.
Through their lawyer Moffat Makuvatsine, the gang sought Mambanje’s recusal arguing that it would be unfair for them to be tried by him as he is the one, who handled the pre-trial hearings.
He submitted that since Mambanje had previously denied their applications refusing to be placed on remand and their bail application, it would be just to place them before another court.
“It is this court that handled the initial appearance whereby the application for refusal of placement on remand was filed and the court made a decision against them.
“An application for bail was made subsequently and was dismissed so without laying blame on the court, it’s in the interests of justice that the accused persons be exposed to a different environment.
“The matter was set for trial in Court 17 by the state and we are surprised to be in this court. The reason we were given is that the prosecutor currently seized with the matter found himself with a busy schedule in this court that’s why we are not being heard in here,” he added.
In response, prosecutor Ephraim Zinyandu opposed the application arguing that there was no basis for the recusal because Mambanje has not shown any bias so far.
The state alleged that a conman Obrian Obert Mapurisa hired the suspected hitmen to kidnap and assault Oliver Tendai Chipindu whom he owed US$800 000.
The background of the story is that Mapurisa entered into an agreement to purchase Liquified Petroleum gas tankers in Turkey with the complainant Oliver Tendai Chipindu.
Due to the misrepresentation, Chipindu gave Mapurisa cash amounting to US$ 800,000 for the purchase of seven Liquified Petroleum gas tankers.
The cash was paid in varying amounts on different dates.
In January, Chipindu made numerous efforts to obtain paperwork pertaining to the purchased gas tankers but Mapurisa became evasive.
Chipindu then contacted Mimak company in Turkey, which had been contracted to do the gas tankers, and was informed that they had not yet been paid the full purchase price of those gas tankers save for a deposit of US$132 000.
Chipindu then contacted Mapurisa, who confirmed that he had diverted the funds but was going to pay for the tankers.
On February 28 Chipindu went to Turkey and tried to talk to Miimak Company so that he could get more time to pay for the tankers as they were about to dispose of them elsewhere and was given time up to the end of March 2024.
As a result of the pestering by Chipindu, Mapurisa allegedly hatched a plan to eliminate him.
He then hired the hitmen and supplied them with Chipindu’s address and picture.
The hitmen armed with unidentified pistols, travelled to Zimbabwe and spent seven days in Zimbabwe looking for Chipindu but could not locate him as he had travelled to Turkey.
They later returned to South Africa where they wanted to re-strategize with their mastermind Mapurisa.
Chipindu returned to Zimbabwe on March 11 and was informed by his friend Bernard Chiweshe that the hitmen had been hired from South Africa to kill him and he lodged a report with the police.
On March 19, Chipindu and his friend lured the hitmen to Zimbabwe and booked a lodge for them where they were arrested.
The police recovered their phones, which contained their conversations with Mapurisa.
Online Reporter