Prosecutor in Henrietta Rushwaya’s Gold Smuggling Case Convicted of Bribery

Twist of Justice: Prosecutor in Gold Smuggling Case Convicted of Bribery

by Victor Adetimilehin

 In a stunning turn of events, Pardon Dziva, the prosecutor who convicted Zimbabwe Miners Federation president Henrietta Rushwaya for gold smuggling, has been found guilty of demanding a bribe himself.

Dziva and his accomplice, Alex Tombe, were convicted by the Harare Magistrates Court for soliciting a US$20,000 bribe from Rushwaya in exchange for a lighter sentence.

Rushwaya was arrested in 2020 at the Robert Mugabe International Airport for attempting to smuggle 6kg of gold bars to Dubai. She was convicted in 2023 and received a lenient sentence – a US$5,000 fine and a suspended 18-month jail term. The smuggled gold, valued at US$330,000, was forfeited to the state.

Entrapment by Rushwaya’s Sister Leads to Dziva’s Arrest

According to the prosecution, the case took an unexpected turn when Rushwaya’s sister, Helliate, reported Dziva’s bribe demand to the Zimbabwe Anti-Corruption Unit (ZACC).

“The prosecution alleges that on November 15, 2023, the first accused [Dziva] demanded US$20,000 from Wellington Takavarasha to influence a lighter sentence for Henrietta Rushwaya,” a National Prosecuting Authority spokesperson said. “Takavarasha informed Helliate Rushwaya, who then reported the crime to ZACC.”

ZACC set up a sting operation and provided Helliate with marked bills to hand over to Dziva. The exchange occurred at a restaurant in Milton Park, Harare, where Dziva was apprehended after receiving the money.

Dziva and Tombe Await Sentencing

Dziva and Tombe are scheduled to appear in court again on June 4, 2024, for their pre-sentencing hearing. This case raises serious concerns about corruption within Zimbabwe’s justice system. The National Prosecuting Authority has a zero-tolerance policy for such behavior, and it is expected that Dziva and Tombe will face severe penalties.

Legal experts in Zimbabwe expressed dismay at the news of Dziva’s conviction. “This case is a major setback in the fight against corruption,” said Professor John Matenga, a law lecturer at the University of Zimbabwe. “It undermines public trust in the justice system and raises questions about the fairness of trials.”

Transparency International Zimbabwe (TI-Z), a leading anti-corruption watchdog, called for a thorough investigation into Dziva’s case. “This incident highlights the urgent need for stronger safeguards against judicial corruption,” said TI-Z chairperson Mary Bakare. “We urge the authorities to take decisive action to restore public confidence in the judiciary.”

Rushwaya’s Case Revisited

The revelation of Dziva’s bribery attempt has cast a shadow over Rushwaya’s original smuggling case. Some legal observers have questioned whether she received a fair trial given the prosecutor’s actions. It is unclear at this time whether Rushwaya’s conviction will be challenged.

The Zimbabwean government has made tackling corruption a priority in recent years. However, the conviction of a high-profile prosecutor like Dziva suggests that corruption remains a deeply entrenched problem. The outcome of Dziva’s case will be closely watched as a test of the government’s commitment to fighting corruption.

Source: New Zimbabwe

 

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