MEMORANDUM

TO : OFFICER COMMANDING POLICE

MIDLANDS PROVINCE

FROM : OFFICER COMMANDING POLICE

KWEKWE DISTRICT

INFOR : PROVINCIAL POLICE INTELLIGENCE

OFFICER
MIDLANDS PROVINCE
MEMO : /24 DATED: 04/10/24

SUBJECT: ARREST OF MEMBERS OF THE POLICE SERVICE FOR

THEFT AS DEFINED IN SECTION 113 OF THE CRIMINAL LAW
CODIFICATION AND REFORM ACT CHAPTER 9:23

This memorandum serves to put on record circumstances surrounding the

above subject.

BACKGROUND

On the 2nd day of October 2024 around 0600 hours and at 210 kilometre
peg, Truckers Inn along Harare- Bulawayo road, a team comprising
Assistant Inspector Mpula [ZRP Mbizo DUB], Sergeant Nzuda [ZRP
Redcliff], Sergeant Finya [ZRP Kwekwe DHQ], Constable Soko [ZRP
Mbizo DUB], Constable Makwanya, Constable Gutu [Support Unit],
Constable Mugwinyi [Support Unit], Constable Kwirirai [Gweru
Central P.I], Constable Bunu [ZRP Redcliff], Detective Constable
Maganga [CID Law and Order Kwekwe], Constable Tizirai [ZRP Kwekwe
Traffic] were manning a road block enforcing Operation Code named
“Liberterra”.On the same date at around 1000 hours, Tinashe Shumba,
the Director of GTS Service stations, Kwekwe approached the Member-In-
Charge road block and advised him to enquire the occupants of a White
Toyota Fortuner, registration number AGC 2595 which he suspected to
have committed a Fraud case on 1st October 2024 at GTS Service Station,
Kwekwe Polytechnic turn off.

CIRCUMSTANCES
1. On the same date at a team consisted of Detective Constable
Maganga, Constable Tizirai, Constable Mugwinyi and Constable
Gutu swiftly reacted to the tipoff and proceeded to Truckers Inn where
they approached the occupants. The quartet observed that the driver
of the vehicle in question was Luxon Hodhera NR: 24-198846S07
aged 32 residing at House number 3897 Mashuma Ville, Kadoma while
the occupant was Malvern Chivhima NR: 24-206288-G-24 aged 37 of
House number 2547 Victory Park, Kadoma. The reaction team
requested the driver permission to search the latter’s motor vehicle of
which they were granted.
2. Constable Tizirai searched the motor vehicle whilst Detective
Constable Maganga Constable Mugwinyi and Constable Gutu were
observing leading to the recovery of two bars of suspected gold, an
Astra Cub Pistol 6.35 Calibre serial number 1103653 with nine live
rounds and cash amounting to US$19 000-00.
3. Upon being interviewed, Luxon Hodhera claimed ownership of the
recovered suspected gold and the pistol. Luxon Hodhera indicated
that he own a mine at Sesebe 7 mine, Kadoma where he alleged was
the source of the recovered gold. Conversely, at that material time,
Luxon Hodhera failed to produce a certificate of registration, mine
inspection certificate or any other supporting documents leading to
their arrest.
4. The accused persons were escorted to CID Kwekwe where Detective
Constable Maganga took over the case while Constable Tizirai,
Constable Mugwinyi and Constable Gutu returned to the roadblock
site.
5. Detective Constable Maganga then sought assistance from CID
Kwekwe members namely Detective Constable Mafukidze, Detective
Constable Majeje and Detective Constable Mudede who are part of
CID Kwekwe crack team and proceeded to GTS Service Station,
Kwekwe polytechnic turn off where they viewed the CCTV footage.
However, the registration number plates captured on the CCTV footage
were not matching with that of Luxon Hodhera’s vehicle and the
suspects were subsequently cleared for the fraud case.
6. The detectives then escorted Luxon Hodhera and Malvern
Chivhima back to station. The detectives who are now accused
persons in this matter then decided to charge Luxon Hodhera and
Malvern Chivhima for Dealing or possession of gold without permit as
defined in section 3(1) of the Gold Trade Act [Chapter 21:03].
7. The accused then escorted Luxon Hodhera to Kwekwe Post Office
where they sought assistance from Priviledge Paradza who is the
postal clerk. The quartet then weighed one gold bar instead of two gold
bars which had been recovered and it weighed 768 grams. A
 certificate of weight was compiled by Priviledge Paradza to that
effect.
8. On the same date at around 1630 hours, the accused persons then
referred the matter to CID MFFU Kwekwe for further management. The
two stations arranged that the handover and takeover of exhibits be
done on the 3rd day of October 2024 at around 0800 hours. The
accused persons then entered the exhibits in the Exhibit Book under
entry 142/24 during which they swapped one of the gold bar
suspected to be made of brass, but with almost the same dimensions.
The accused then issued an exhibit seizure confirmation receipt serial
number 0091909 to Luxon Hodhera. Thereafter the exhibits were
placed in the strong room in the presence of the accused, Detective
Constable Maganga and Assistant Inspector Chokoda under OB entry
number 1725/24.
9. On the 3rd October 2024 around 0800 hours during handing and
takeover of the exhibit CID MFFU Kwekwe insisted that Constable
Tizirai who recovered the suspected gold be present. Upon
interviewing Constable Tizirai, he indicated that one of the gold bars
looked different from the one he recovered in both shape and colour.

INVESTIGATIONS

 A witness statement was recorded from Luxon Hodhera who

confirmed that the accused persons recovered two gold bars in his
custody but one of the gold bar which was suspected to be made of
brass was not recovered in his custody.
 A statement was also recorded from Constable Tizirai who indicated
that one of the gold bars looked different from the one he recovered in
both shape, size and colour.
 Another witness statement was recorded from Priviledge Paradza
who highlighted that the accused persons weighed one gold bar on the
2nd day of October 2024 in the presence of Luxon Hodhera.
 On the 4th day of October 2024 at around 1000hours, Luxon Hodhera
and Malvern Chivhima were released on summons pending further
investigations.
 The recovered pistol and ammunition was handed over to the
registered owner, Luxon Hodhera since he had a valid firearm
certificate number 427069, CFR number 169955 expiring on 1st June
2027.
 The recovered gold bar which was confirmed positive by Luxon
Hodhera was re-weighed at Kwekwe Post Office and it weighed
0.678kgs while bar with suspected brass coating weighed 0,368kgs.
OUTSTANDING

 To escort the accused the accused persons to court.

 To take the recovered suspected gold to the Department of
Metallurgy for assay.
 To compile disciplinary docket for the accused persons.
 To record statements from other members who were present when
the suspected gold was recovered, particularly the Support Unit
details.

Your office will be appraised of any new developments.