High Court postpones NPA hearing for leave to appeal to Supreme Court

High Court Judge Justice Garainesu Mawadze on 26 October 2015 postponed the hearing of a request filed by the National Prosecuting Authority (NPA) seeking leave to appeal against her acquittal about two years ago, on charges of defeating or obstructing the course of justice, to  29 October 2015.

Zimbabwe Lawyers for Human Rights communications officer Kumbirai Mafunda posted on Facebook that the postponement is to allow the Prosecutor-General Johannes Tomana to brief another law officer other than Tozivepi Mapfuwa of the National Prosecuting Authority, who deposed to an affidavit arguing that Harare Magistrate Rumbidzai Mugwagwa erred and misdirected herself when she granted the application for discharge filed by Mtetwa at the close of the State case in November 2013, exactly 23 months after Mtetwa was acquitted, due to ethical issues arising.

The Prosecutor-General is arguing that the State had adduced evidence which established a prima facie case against the human rights lawyer of hindering or disturbing police officers in the execution of their duties.

Mtetwa's acquittal followed a high profile trial which drew local and international condemnation and which prompted the NPA in May 2014 to file an application seeking leave to appeal against the discharge of the feisty human rights lawyer in a bid to secure a conviction.