Online Reporter
Peter Matika, [email protected]
RETIRED High Court judge, Justice Maphios Cheda, has been subpoenaed once again after failing to appear in court yesterday to testify in a high-profile case involving allegations of murder threats made by Bulawayo gold dealer Mohammed Daka against prominent businessman, Mr Bekezela Moyo.
The case centres on claims that Daka issued death threats to Mr Moyo during a dispute over payment for security services. Justice Cheda, considered a key witness, was absent from court yesterday, reportedly due to attending a funeral.
He had initially been summoned to appear on August 21, but that session was postponed after Daka’s lawyer, Mr Prince Butshe-Dube, also missed court owing to a bereavement. The matter has now been remanded to September 11, when Justice Cheda is expected to give his testimony.
The trial commenced yesterday with Mr Moyo taking the stand. During cross-examination, Mr Butshe-Dube argued that the matter had already been resolved, stating that both men had “shaken hands” on it. He also questioned Mr Moyo’s delay in reporting the incident to the police.
“You had a meeting with the accused on a Friday, but only reported the matter on Monday. Why was that so?” asked Mr Butshe-Dube.
Mr Moyo responded that, as a well-known businessman in the security sector, he had first sought advice from his associates. He maintained that the issue remained unresolved, noting that Daka had never offered an apology.
“As far as I am concerned, the matter is still alive. There has been no apology, written or verbal, for the defamation and threats to kill,” he said before stepping down.
Justice Cheda’s testimony is considered crucial, as the alleged threats were made at his law firm, Cheda and Associates, in Bulawayo on June 21. According to court documents, a meeting regarding payment for security services at Fools Mine —where Daka serves as general manager —escalated after the parties failed to reach an agreement.
It is alleged that Daka then threatened Mr Moyo, saying: “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 subsequently filed a police report, while Justice Cheda submitted a written statement corroborating the events.
In addition to the criminal case, Mr Moyo has filed a US$250 000 civil lawsuit against Daka for defamation, US$150 000 in damages to Allied Security and US$100 000 in personal damages. The defamation claim stems from a WhatsApp voice note allegedly circulated by Daka, accusing Mr Moyo of attempting an armed robbery at Pottery Industries and branding him a “convicted armed robber.”
In a letter of demand dated July 23, Mr Moyo’s lawyer, Mr Bruce Masamvu of Masamvu and Da Silva-Gustavo Law Chambers, dismissed the allegations as false, arguing that Zimbabwe’s security licensing laws prohibit anyone with a relevant conviction within the past 10 years from operating a security company.
The letter demanded a full and unconditional apology, but the deadline for Daka’s response has since passed.
With both criminal and civil proceedings now underway, Justice Cheda’s forthcoming testimony is expected to be a decisive element in the State’s case.
