HARARE – A former Zimbabwe Manpower Development Fund (Zimdef) manager who got fired after a magistrate found him guilty of grabbing the rear assets of a married female subordinate was on Wednesday cleared by the High Court.
Justices Happius Zhou and Benjamin Chikowero overturned the 2019 conviction of Leonard Rwambiwa, who was charged with indecent assault following a complaint by the plaintiff that he had touched her as she was leaving his office after serving him tea.
Rwambiwa had maintained his innocence during trial but was found guilty by magistrate Yeukai Chigodora who went on to sentence him to 60 days’ imprisonment with an option to pay a Z$1,000 fine.
But Zhou and Chikowero tossed out the conviction, finding that “wherefore, after reading documents filed on record and hearing counsel, it is ordered that the appeal succeeds and the conviction is set aside.”
Rwambiwa’s lawyers Paida Saurombe and Tapiwa John Chivanga hailed the ruling saying their client’s accuser had “basically concocted” the whole story.
Saurombe told ZimLive: “Our main argument was that the magistrate disregarded the standard of reporting sexual assault offenses allegedly on the inference which was not the only reasonable inference in the circumstances that the complainant feared her marriage would break down.
“There were also numerous contradictions and inconsistences from witness testimony to prove a case beyond a reasonable doubt. The complainant basically concocted a story that was unbelievable.”
The defense attorney said the exoneration paved the way for them to contest Rwambiwa’s dismissal from work at the Labour Court.
