By Rumbidzai Ndhlovu
Masvingo- January 12, 2014-Cross Border Association president and Chivi Rural District councillor Killer Zivhu appeared at the Masvingo Magistrates Court facing a theft charge which was thrown out by the magistrate for lack of evidence and improper presentation.
Zivhu, who appeared in court recently walked out a free man after magistrate Timeon Makunde ruled that the case had not been properly investigated and put together by the police.It was also noted by the court that Zivhu had since paid back the complainants who were members of the Cross Border Association what he owed them.
Zivhu conceded in an affidavit he signed on June 28, 2012 that he indeed took money from several members of the association after promising to facilitate projects for them.
It is the state’s case that several members of the Cross Border Association had paid various amounts of above $100 to Zivhu on the promise that Zivhu would facilitate a trip for them to go to Israel in November 2010.
Others allegedly paid money to Zivhu so that they could secure contracts to sell beverages to the public at the launch of the Cross Border Association which was proposed for Mucheke Stadium in January 2011.
However none of the events took place resulting in the affected persons demanding their money and passports back from Zivhu.It was alleged that Zivhu only returned the passports and not the money, resulting in members taking him to the police to recover their money.
In his pleas,Zivhu however said his secretary Nice Gonouya has a vendetta against him.He said he had given the secretary the money to pay back to the members but she didn’t.He also said that he had paid back back his debtors their money.
Gonouya however refuted the allegations and said that she was actually one of the complainants as she was owed money by Zivhu.
Magistrate Makunde cleared Zivhu of the charge and said Zivhu should have been charged of 17 different counts instead of the one that he faced.He said each aggrieved member should have given evidence to their specific cases instead of Gonouya representing all of them.
He then acquitted Zivhu.