Beitbridge – Alexander Simbarashe Mutendera (40) and Emmanuel Nyamarebvu (50), two employees of the Zimbabwe Consolidated Diamond Company (ZCDC), are breathing a sigh of relief after being cleared of charges related to the possession of a firearm at President Emmerson Mnangagwa’s groundbreaking ceremony in Beitbridge. The case, which initially raised concerns about security at the event, took a dramatic turn when a ballistics report revealed that the weapon in question was not, in fact, a firearm.
The two men, who had been facing charges of possessing a firearm without a licence, appeared before Beitbridge resident magistrate Takudzwa Gwazemba, who granted the defence’s application for refusal of further remand. The decision effectively sets them free, bringing an end to the legal proceedings against them.
Mutendera, who serves as the Chief Finance Officer at ZCDC, and Nyamarebvu, a driver for the company, were all smiles as they left the courthouse, accompanied by their lawyer, Jabulani Mberesi of Tavenhave and Machingauta.
The incident occurred on February 24th of this year, when Mutendera and Nyamarebvu, along with Sugar Chagonda and Douglas Zimbango, attended the groundbreaking ceremony officiated by President Mnangagwa at the Xintai Palm River Metallurgical and Energy Industrial Park in Beitbridge.
As the group passed through a security checkpoint, a Blow F92 pistol, lacking a serial number, was discovered under the driver’s front seat. This discovery led to the immediate arrest of all four men. However, Chagonda and Zimbango were later released, leaving Mutendera and Nyamarebvu to face the charges.
Following their initial court appearance, the State sought to have the “firearm” examined by experts to determine its authenticity. This led to a period of uncertainty for the two ZCDC employees, who were released on US$100 bail each, pending further investigations.
Their lawyer, Jabulani Mberesi, argued that the firearm in question was a blank pistol used for scaring away animals on a farm. He maintained that his clients were not guilty of any wrongdoing and that the weapon posed no threat.
The turning point in the case came with the release of the forensics ballistics report from the Zimbabwe Republic Police (ZRP). The report, referenced as Beitbridge Rural CR 48133/2025 of DR 1002/, categorically stated that the item in question was not a firearm as defined by the Firearms Act.
The report, signed by Detective Inspector F Gundumure, a firearms identification officer, stated: “Further examination of exhibit showed that it is not a firearm, according to the Firearms Act.”
Armed with this expert evidence, Mberesi successfully argued that keeping his clients on remand would be against the interests of justice. He asserted that the State had initially sought to verify if the item was indeed a gun, which it was not, according to the expert report.
“There interests of justice would not be served if my clients are kept on remand when the State initially said it wanted to verify if the item in question is indeed a gun which it is not according to an expert report before the honourable court,” Mberesi argued.
Magistrate Gwazemba agreed with the defence’s argument and dismissed an attempt by prosecutor Tawanda Chigavazira to alter the charge. He granted the application for refusal of further remand, effectively setting Mutendera and Nyamarebvu free.
In addition to securing the release of his clients, Mberesi also successfully argued for the release of the car belonging to ZCDC, the duo’s employer. He argued that the vehicle had no connection to the alleged offence and that holding it would disrupt the company’s operations. Prosecutor Chigavazira did not oppose the release of the car, as it belonged to the employer and not the accused.
Mberesi further argued that the chance of a conviction was almost non-existent, given that the firearm was not a real gun. Magistrate Gwazemba agreed, ruling that the State had failed to provide sufficient grounds to deny the release of the vehicle.
This incident is not the first time security concerns have been raised at events attended by President Mnangagwa. In July of last year, two villagers from Chivhu were sentenced for possessing explosives, catapults, and man-made rat poison at the commissioning of Makumimavi Primary School by President Mnangagwa.
Elias Murima and William Jeche, residents under Chief Neshangwe, received sentences of 10 and eight months in jail, respectively. However, Magistrate Sharon Nxongo later commuted these sentences to 210 and 175 hours of community service at Nzuma Secondary School, respectively. The incident occurred on May 30, 2024.
Jeche implicated Murima, who was later apprehended. Murima told the court that he worked as a builder and had used the explosives to drill a borehole at Luckson Kaguru’s homestead in Masvaure Village, Sadza. He claimed to have given the remaining explosives to Jeche after completing the task.
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