News / Local
High Court orders amendment of Mafume graft allegations
19 Jun 2024 at 02:33hrs | Views
The High Court has overturned a decision by a lower court to dismiss Harare mayor Jacob Mafume's application seeking to quash corruption charges against him. Justice Never Katiyo ruled in favor of Mafume, ordering the State to amend the charges if it intends to continue with the case.
Mafume faced allegations of criminal abuse of office for allegedly influencing the allocation of residential stands to his sister and a colleague at his law firm, bypassing proper procedures. The charges claimed that Mafume directed the allocation despite discrepancies in the waiting list and without the proper authority to do so.
Initially, Mafume objected to the charges, arguing they were vague and did not disclose any offense. He also contended that the State's assertion that allocating land was not his duty was embarrassing and did not specify the executive duties he allegedly abused.
Magistrate Vongai Guwuriro initially dismissed Mafume's application for exception, prompting him to seek a review at the High Court. Justice Katiyo agreed with Mafume's arguments, criticizing the lower court for not adequately addressing the specifics of the charges and for applying an incorrect statutory test.
Justice Katiyo emphasized that the charge sheet did not sufficiently detail how Mafume directed the allocation of stands, which duties he allegedly abused, or the exact nature of his supposed misconduct. He concluded that the State should amend the charges to provide clearer particulars before proceeding with the case.
In summary, the High Court's decision allows Mafume to challenge the corruption allegations further, demanding that the State clarify and amend the charges to specify how he allegedly abused his office.
Mafume faced allegations of criminal abuse of office for allegedly influencing the allocation of residential stands to his sister and a colleague at his law firm, bypassing proper procedures. The charges claimed that Mafume directed the allocation despite discrepancies in the waiting list and without the proper authority to do so.
Initially, Mafume objected to the charges, arguing they were vague and did not disclose any offense. He also contended that the State's assertion that allocating land was not his duty was embarrassing and did not specify the executive duties he allegedly abused.
Justice Katiyo emphasized that the charge sheet did not sufficiently detail how Mafume directed the allocation of stands, which duties he allegedly abused, or the exact nature of his supposed misconduct. He concluded that the State should amend the charges to provide clearer particulars before proceeding with the case.
In summary, the High Court's decision allows Mafume to challenge the corruption allegations further, demanding that the State clarify and amend the charges to specify how he allegedly abused his office.
Source - newsday