Online Reporter
Peter Matika, [email protected]
RETIRED High Court judge Justice Maphios Cheda has been subpoenaed to testify in a high-profile case involving prominent Bulawayo businessman Mr Bekezela Moyo, who alleges he received death threats from well-known gold dealer, Mohammed Daka.
Justice Cheda is considered a key witness as the alleged incident took place at his law firm, Cheda and Associates’ offices in the Bulawayo city centre on June 21 around 6pm, during a meeting over a payment plan for security services rendered by Mr Moyo’s company, Allied Security, at Fools Mine, where Daka is general manager.
According to court papers, the meeting turned sour when the parties failed to agree on the payment terms, prompting Daka to allegedly issue a chilling threat: “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. Justice Cheda, who was present during the exchange, submitted a written statement to police detailing what transpired.
The former judge was scheduled to testify in court yesterday but could not attend due to prior out-of-town commitments, resulting in the State postponing the matter to 21 August. In a letter to the provincial magistrate, Justice Cheda proposed alternative dates between 11 and 21 August or, failing that, 23 September.
Alongside the criminal case, Mr Moyo has launched a US$250 000 civil claim against Daka for alleged defamation.
Through his lawyer, Mr Bruce Masamvu of Masamvu and Da Silva-Gustavo Law Chambers, Mr Moyo is demanding US$150 000 for damages to Allied Security and US$100 000 in personal damages.
The defamation claim stems from allegations that Daka circulated a WhatsApp voice note accusing Mr Moyo of attempting an armed robbery at Pottery Industries and branding him a “convicted armed robber.”
The letter of demand, sent to Daka on July 23, rejects the claims as “patently false” and points out that the country’s security licensing laws disqualify any person with a relevant criminal record within 10 years from operating a security business, something Mr Moyo has never been subject to.
“Specifically, you alleged that Mr Bekezela Moyo, the owner of Allied Security (Pvt) Ltd, claims to be a security person, yet he is a convicted armed robber who has a security company. These claims are patently false,” read the letter.
Daka has been ordered to issue a full and unconditional apology to both Mr Moyo and Allied Security (Pvt) Ltd. The deadline to respond has since expired.
The criminal and civil proceedings are now set to run concurrently, with Justice Cheda’s testimony expected to be critical in the State’s case.
