New twist in Lumumba, Mugabe insult case

THE Prosecutor-General's (PG) Office yesterday reneged on its recent Constitutional Court (ConCourt) undertaking to have charges against VIVA Zimbabwe leader William "Ace Lumumba" Mutumanje withdrawn before plea.

Yesterday the State was expected to formally withdraw the charges but instead the prosecutor applied to have the matter postponed to July 18 for a possible trial date.

Mutumanje is accused of insulting President Robert Mugabe, and last month withdrew his constitutional challenge with the State's consent after prosecutor Edmore Nyazamba had promised not to pursue the criminal charges against him.

However, the postponement was opposed by Mutumanje's lawyer, David Hofisi, who accused the State of treachery.

"My colleague, Edmore Nyazamba, who was appearing for the State confirmed that the charges would be withdrawn before this court on June 12 and on that basis a consent order was issued for the matter to be removed from the roll. Your Worship, this is treacherous, insincerity and absurd with regard to the proper administration of justice. Securing a withdrawal of a court application on an undertaking which is not honoured shows no respect for the courts," Hofisi said.

Hofisi slammed the State saying it had acted unprofessionally and unethically adding he would take action against the prosecution and he would seek reinstatement of the ConCourt challenge.

But prosecutor Vernancia Mutake insisted she never received any communication from the National Prosecuting Authority over the agreement made by Nyazamba at the ConCourt. Yet, in a letter gleaned by the NewsDay addressed to the Deputy PG, written by area public prosecutor Jonathan Murombedzi, the State seemed to confirm communication on the matter and the plot to ambush Mutumanje.

"Docket is referred per our telephone conversation today (8 June 2017). Be advised that the accused (Mutumanje) is appearing on Monday 12 June. We seek the honourable Prosecutor-General to prosecute in terms of Section 34," Murombedzi wrote. "Also we require confirmation that the constitutional application was withdrawn, hence we would like to set down the matter for trial on the remand date." Magistrate Nomsa Sabarauta ordered the State to verify Hofisi's submissions and the said order pertaining to the ConCourt's promise by the State.

The matter was remanded to today.