Author: TSA Press

Council
had
set
January
as
a
deadline
to
eradicate
illegal
pick-up
and
drop-off
points
following
sustained
complaints
from
residents,
licensed
transport
operators
and
councillors.

Concerns
intensified
last
week
after
two
people
were
killed
and
at
least
12
others
injured
in
separate
traffic
incidents
along
Sixth
Avenue,
renewing
calls
for
stricter
enforcement
and
improved
regulation
of
public
transport
in
the
city
centre.

At
the
centre
of
the
problem
is
a
Public
Transport
Policy
adopted
in
2012,
designed
to
establish
a
safe,
efficient
and
coordinated
system
through
clearly
defined
routes,
designated
termini
and
registered
operators.

Implementation
of
the
policy
stalled
during
the
Covid-19
pandemic
after
the
government
declared
the
Zimbabwe
United
Passenger
Company
(Zupco)
the
sole
public
transport
provider.
Enforcement
resumed
in
2022
when
the
sector
was
reopened
to
other
operators,
but
councillors
say
progress
has
been
slow.

Council
says
six
transport
companies
are
currently
operating
under
Service
Level
Agreements
(SLAs),
which
outline
approved
routes
and
operational
responsibilities.
These
include
Tshova
Mubaiwa
Transport
Co-operative
Company
(Private)
Limited,
Bulawayo
City
Transit
Trust,
BUPTA
Limited,
VUTA
Taxis
(Private),
BUWTRA
and
Zupco.

However,
council
officials
acknowledged
that
most
of
these
operators
are
not
servicing
intra-city
routes
as
intended.

Operators
are
required
to
pay
annual
operational
fees
to
the
municipality
as
part
of
the
route
permit
application
process
with
the
Ministry
of
Transport.
Fees
are
set
at
US$180
for
commuter
omnibuses
carrying
between
seven
and
19
passengers,
US$200
for
vehicles
carrying
more
than
19
passengers,
and
US$150
for
metered
taxis.

Despite
these
requirements,
council
estimates
that
about
3,000
commuter
omnibuses
operate
in
Bulawayo,
with
only
a
fraction
seeking
formal
route
approval.

The
city
has
three
designated
inter-city
termini,
Renkini
Long
Distance
Bus
Terminus,
Entumbane
and
Nkulumane,
but
council
says
operators
continue
to
operate
illegally
from
the
CBD.

According
to
council,
many
inter-city
and
cross-border
operators
regard
the
termini
as
unattractive
due
to
dilapidated
infrastructure,
prompting
them
to
pick
up
passengers
from
unauthorised
locations.

Council
minutes
cite
several
challenges,
including
non-compliance
with
permit
requirements,
traffic
congestion
in
the
CBD,
use
of
undesignated
ranks,
limited
enforcement
capacity,
unbranded
vehicles,
including
so-called mshikashika,
funding
constraints
and
the
presence
of
heavy-duty
trucks
in
the
city
centre.

Councillor
Edwin
Ndlovu
blamed
the
council
for
inconsistent
enforcement.

“Enforcement
should
be
done
on
a
level
playing
field,”
he
said,
adding
that
illegal
operators
had
established
unauthorised
pick-up
points
along
Sixth
Avenue,
Leopold
Takawira
Street,
Herbert
Chitepo
Street,
Fourth
Street
and
Eleventh
Avenue.

He
also
raised
concerns
over
Tshova
Mubaiwa
Transport
Co-operative
Company’s
use
of
the
Pick
n’
Pay
Hyper
terminus
to
service
routes
outside
its
designated
area,
which
he
said
created
unfair
competition.

Temporary
barricades
previously
installed
along
Sixth
Avenue
had
since
been
removed,
further
weakening
enforcement,
he
added.

Councillor
Ndlovu
also
cited
complaints
from
local
operators
who
alleged
preferential
treatment
of
outside
companies,
saying
council
had
approved
the
use
of
a
coach
parking
bay
near
a
city
hotel
while
rejecting
similar
applications
from
local
businesses.

Ward
19
councillor
Lazarus
Mphadwe
said
the
mushrooming
of
illegal
pick-up
points
was
contributing
to
littering
and
illegal
dumping
in
the
CBD.

“It
is
high
time
council
implements
a
coordinated
enforcement
strategy
with
other
stakeholders,”
he
said.

Ward
12
councillor
Susan
Sithole
echoed
the
call,
saying
order
must
be
restored
in
the
city’s
public
transport
system.

Council
chairperson
Dumisani
Netha
also
criticised
weak
enforcement,
urging
authorities
to
engage
stakeholders
and
fully
implement
the
Public
Transport
Policy.

In
response,
the
Director
of
Town
Planning,
Wisdom
Siziba,
said
recent
enforcement
operations
along
Sixth
Avenue
had
led
to
the
impounding
of
several
VUTA
Taxis
vehicles
operating
illegally.

He
warned
the
company
to
comply
with
city
by-laws
and
policies.

Siziba
said
the
deadline
for
eliminating
illegal
pick-up
and
drop-off
points
had
been
set
for
January
2026,
and
that
Tshova
Mubaiwa
had
been
instructed
to
relocate
part
of
its
fleet
to
designated
termini.

Council
said
a
report
on
Tshova
Mubaiwa
Transport
Co-operative
Company’s
use
of
the
Pick
n’
Pay
Hyper
terminus
for
unauthorised
routes
would
be
presented
in
February
2026.

According
to
council
minutes,
the
company’s
chairperson
had
pledged
compliance,
while
council
indicated
that
all
public
transport
ranks
belong
to
the
municipality
and
have
specific
routes
assigned.

The
minutes
also
noted
that
the
Public
Transport
Policy
is
expected
to
be
formalised
into
a
city
by-law.

HARARE
–
The
High
Court
has
dismissed
applications
by
Moses
Mpofu
and
Mike
Chimombe
for
leave
to
appeal
against
both
conviction
and
sentence,
with
Justice
Pisirayi
Kwenda
finding
that
their
intended
appeals
were
“frivolous,
vexatious
and
an
abuse
of
court
process.”

Mpofu
and
Chimombe
were
jointly
convicted
in
December
2025
of
fraud
involving
millions
of
dollars
under
the
Presidential
Goat
Pass-On
Scheme
and
sentenced
to
lengthy
prison
terms,
partly
suspended
on
condition
of
restitution.

In
a
ruling
handed
down
on
Monday,
Justice
Kwenda
said
the
applicants
had
failed
to
demonstrate
reasonable
prospects
of
success,
the
threshold
required
for
leave
to
appeal.

“In
order
to
succeed,
it
is
not
enough
for
the
applicant
to
make
out
an
arguable
case…
there
must
be
substance
in
the
argument,”
the
judge
said,
citing
S
v
McGown.

The
court
found
that
the
fraud
was
executed
through
a
fictitious
entity,
Blackdeck
Livestock
and
Poultry
Farming,
which
was
falsely
presented
as
a
registered
company
eligible
to
supply
goats
under
the
government
scheme.

Justice
Kwenda
ruled
that
the
entity
“did
not
exist
as
a
company
incorporated
in
terms
of
the
laws
of
Zimbabwe
with
the
legal
capacity
to
act,”
yet
was
deliberately
portrayed
as
such
using
documents
belonging
to
Blackdeck
(Pvt)
Ltd.

To
escape
automatic
disqualification,
the
accused
submitted
counterfeit
ZIMRA
tax
clearance
and
NSSA
compliance
certificates,
which
forensic
evidence
showed
had
been
altered
from
certificates
belonging
to
Skywalk
(Pvt)
Ltd.

“As
a
result
of
the
misrepresentation,
the
fraudulent
bid…
was
accepted
by
the
Ministry
and
treated
as
valid,”
Kwenda
said.

The
ministry
of
agriculture
ultimately
paid
about
ZWL$1.6
billion
(US$7.7
million)
into
Blackdeck’s
bank
account
but
received
goats
worth
only
about
US$331,000,
with
the
bulk
of
the
funds
rapidly
disbursed
to
other
companies
and
traded
on
the
foreign-currency
black
market.

In
dismissing
Mpofu’s
application,
the
judge
said
the
evidence
showed
he
was
central
to
the
fraud.

“Mpofu conceived
the
idea
to
submit
the
bid.
He
was
aware
that
Blackdeck
Livestock
&
Poultry
Farming
was
not
a
registered
company
and
thus
lacked
the
capacity
to
act,”
Kwenda
said.

The
judge
noted
that
Mpofu
admitted
knowing
tax
clearance
certificates
were
mandatory,
signed
the
contract
on
behalf
of
the
fictitious
entity,
supplied
Blackdeck’s
bank
account
details,
and
represented
the
company
throughout
the
scheme.

“In
terms
of
section
277
of
the
Criminal
Law
Code,
a
director
is
personally
criminally
liable
for
any
offence
for
which
his
company
is
criminally
liable…
In
this
case,
it
is
common
cause
that
Mpofu
admitted
he
took
part.”

Kwenda
said
it
was
“frivolous”
for
Mpofu’s
lawyers
to
continue
arguing
that
Blackdeck
Livestock
and
Poultry
Farming
was
a
lawful
corporate
entity
when
no
legal
formalities
had
ever
been
undertaken
to
register
it.

In
unusually
sharp
language,
the
judge
criticised
aspects
of
the
defence
submissions,
saying
insisting
that
no
fraud
occurred
while
admitting
the
use
of
counterfeit
documents
“shows
disdain
for
court
processes.”

Chimombe,
who
denied
any
formal
role
in
Blackdeck,
was
convicted
as
a
co-perpetrator
under
section
196A
of
the
Criminal
Law
Code.

Justice
Kwenda
said
the
law
did
not
require
proof
that
each
accused
personally
committed
every
act
of
fraud.

“Proof
of
association
with
the
intention
to
commit
a
crime,
or
knowledge
that
it
would
be
committed,
suffices,”
he
said.

The
court
found
Chimombe
repeatedly
appeared
with
Mpofu
at
ministry
meetings,
played
a
leading
role
in
engagements,
and
controlled
Millytake
Enterprises,
which
received
ZWL$200
million
from
the
scheme
proceeds.

“The
state
led
evidence
to
prove
that
Chimombe
appeared
at
the
ministry
together
with
the
Mpofu
on
various
occasions
associating
himself
with
the
fictitious
company,”
the
judge
said.

Kwenda
dismissed
claims
that
the
court
had
“gone
on
a
frolic
of
its
own,”
saying
Chimombe’s
arguments
reflected
a
deliberate
mischaracterisation
of
the
charge.

Mpofu
was
sentenced
to
22
years’
imprisonment,
with
part
suspended
on
condition
of
restitution
of
US$2.06
million,
while
Chimombe
received
17
years,
partly
suspended
on
condition
he
pays
US$964,064.

Justice
Kwenda
said
the
seriousness
of
the
offence,
the
scale
of
public
funds
involved,
and
the
deliberate
deception
of
the
state
justified
the
heavy
sentences.

Both
applications
for
leave
to
appeal
were
dismissed
in
their
entirety.

HARARE
–
The
High
Court
has
ruled
that
Zimbabwe
Platinum
Mines
(Zimplats),
the
local
unit
of
South
Africa’s
Impala
Platinum
(Implats),
is
not
liable
to
pay
mining
royalties
on
matte
and
concentrate
exported
between
June
2018
and
December
2021,
delivering
a
major
blow
to
the
Zimbabwe
Revenue
Authority
(ZIMRA).

Justice
Rodgers
Manyangadze
ruled
that
the
Finance
Act,
as
it
stood
before
amendments
that
took
effect
on
January
1,
2022,
drew
a
clear
legal
distinction
between
“minerals”
and
“mineral-bearing
products”,
and
did
not
prescribe
royalty
rates
for
intermediate
products
such
as
matte
and
concentrate.

ZIMRA
had
assessed
Zimplats
for
alleged
royalty
shortfalls
amounting
to
ZWL2.03
billion,
or
about
US$7.1
million,
arguing
that
royalties
should
have
been
calculated
on
the
gross
market
value
of
the
final
refined
mineral,
without
deductions
for
beneficiation
or
processing.

But
the
court
rejected
that
approach,
holding
that
no
lawful
royalty
obligation
could
arise
in
the
absence
of
a
clearly
fixed
rate
for
mineral-bearing
products
during
the
period
in
question.

“The
Finance
Act…
does
not
provide
calculation
for
mineral-bearing
products.
It
only
provides
calculation
for
minerals,”
Justice
Manyangadze
said,
adding
that
matte
and
concentrate
“cannot
attract
the
same
royalties
as
minerals
that
have
gone
through
the
refinery
process.”

The
judge
placed
decisive
reliance
on
the
Supreme
Court
ruling
in
ZIMRA
v
ZIMASCO
(SC
79/13),
which
held
that
chrome
ore
concentrates
and
ferrochrome
were
not
subject
to
royalties
before
January
2022
because
no
rates
had
been
prescribed
for
mineral-bearing
products.

That
decision,
the
court
said,
was
“on
all
fours”
with
the
Zimplats
dispute.

“In
matters
of
taxation
and
fiscal
obligations,
it
is
a
fundamental
principle
that
no
tax
or
royalty
can
be
imposed
without
clear
and
express
statutory
authority,”
the
Supreme
Court
held
in
the
ZIMASCO
case,
a
principle
Justice
Manyangadze
said
was
binding
on
the
High
Court.

ZIMRA
had
sought
to
rely
on
a
2025
amendment
to
the
Finance
Act
that
retrospectively
expanded
the
definition
of
“mineral”
to
include
mineral-bearing
products
dating
back
to
2010.

However,
the
court
ruled
that
definitions
alone
cannot
create
a
tax
obligation,
warning
that
retrospective
amendments
cannot
cure
the
absence
of
a
charging
provision.

“As
no
rate
had
been
fixed
for
such
products
in
the
Schedule
at
the
relevant
time,
the
retrospective
amendment
cannot
impose
an
obligation
that
did
not
previously
exist,”
the
court
said,
echoing
the
Supreme
Court’s
reasoning.

The
court
granted
Zimplats
the
main
declaratory
relief
it
sought,
confirming
that
it
owed
no
royalties
on
matte
and
concentrate
sold
to
Impala
Platinum
during
the
disputed
period.
As
a
result,
ZIMRA’s
assessed
shortfalls
and
related
penalties
fall
away.

Zimplats
was
represented
by
Advocate
Thabani
Mpofu,
while
ZIMRA
was
represented
by
Samuel
Banda.

ZANU
PF
adopted
the
resolution
at
its
annual
conference,
saying
the
extension
is
needed
for
political
stability
and
economic
progress.

The
challenge
was
brought
by
Ibhetshu
LikaZulu
and
its
secretary-general,
Mbuso
Fuzwayo,
who
argue
that
any
changes
to
Sections
95(2)(b)
and
143(1)
of
the
Constitution
would
require
a
national
referendum.

They
argue
that
ZANU
PF’s
resolution
undermines
public
participation
and
breaches
constitutional
safeguards.

The
Government
and
ZANU
PF,
named
as
respondents,
argue
that
the
application
is
premature
because
no
formal
amendment
process
has
begun.

They
say
the
resolution
falls
under
Section
328(5)
of
the
Constitution,
which
allows
changes
to
presidential
terms
without
a
referendum,
and
that
proper
hearings
and
legislative
scrutiny
would
still
take
place
before
any
amendment
is
enacted.

The
court
will
have
to
interpret
Section
328,
which
governs
amendments
to
presidential
terms,
to
decide
whether
ZANU
PF’s
plan
is
constitutional.