News / National
Accused, complainant gang up against 'corrupt' magistrate
19 Jul 2017 at 06:38hrs | Views
HARARE businessman, Nathan Mnaba, and a man he is alleged to have duped, have ganged up and demanded that magistrate Elijah Makomo recuses himself from handling their case, claiming that the judicial official was corrupt.
Mnaba is accused of fraudulently acquiring a local firm, Norwich Trading Company, and registering it in his name without the owner, Nighert Parween Savania's consent.
Both Mnaba and Savania have written to Chief Magistrate Mishrod Guvamombe and regional magistrate, Hosea Mujaya, expressing misgivings in the manner Makomo was handling the matter.
In his letter to Mujaya, which was also copied to Guvamombe, Mnaba alleged that Makomo was refusing him his right to hear certain court applications and referring the case to the High Court.
Mnaba said referring his application to the High Court before it is heard at the lower court diminishes his prospects of success. He also raised allegations of corruption against the magistrate.
Savania, on the other hand, claimed the presiding magistrate was allowing many applications from Mnaba in an effort to stall the trial.
Savania submitted that she had no problem if she loses the case, as long as it was handled properly.
But Makomo hit back, saying the allegations raised by the complainant and the accused had already scandalised the court process.
He said he would recuse himself from the matter, although there were no legal reasons submitted to court justifying his recusal.
"I am of the considered view that with the two letters on record from both parties, the court had been scandalised by the allegations of corruption," Makomo wrote.
"The duty of the court needs to be protected and for those reasons I, hereby, recuse myself from handling the matter any further."
Mujaya will preside over the matter from July 27.
According to the State's case, on October 10, 2011, Savania allegedly entered into an agreement of sale of shares for Norwich Trading Company with Mnaba.
It is alleged the total purchase price for the said shares was pegged at $380 000 for 100 shares and the terms of the agreement were that an initial sum of $250 000 was to be paid on January 6, 2012, while the balance of $130 000 would be paid on or before August 2012.
However, Mnaba reportedly failed to pay the balance as agreed, prompting the complainant to engage her lawyers to resolve the issue.
Mnaba is accused of fraudulently acquiring a local firm, Norwich Trading Company, and registering it in his name without the owner, Nighert Parween Savania's consent.
Both Mnaba and Savania have written to Chief Magistrate Mishrod Guvamombe and regional magistrate, Hosea Mujaya, expressing misgivings in the manner Makomo was handling the matter.
In his letter to Mujaya, which was also copied to Guvamombe, Mnaba alleged that Makomo was refusing him his right to hear certain court applications and referring the case to the High Court.
Mnaba said referring his application to the High Court before it is heard at the lower court diminishes his prospects of success. He also raised allegations of corruption against the magistrate.
Savania, on the other hand, claimed the presiding magistrate was allowing many applications from Mnaba in an effort to stall the trial.
Savania submitted that she had no problem if she loses the case, as long as it was handled properly.
He said he would recuse himself from the matter, although there were no legal reasons submitted to court justifying his recusal.
"I am of the considered view that with the two letters on record from both parties, the court had been scandalised by the allegations of corruption," Makomo wrote.
"The duty of the court needs to be protected and for those reasons I, hereby, recuse myself from handling the matter any further."
Mujaya will preside over the matter from July 27.
According to the State's case, on October 10, 2011, Savania allegedly entered into an agreement of sale of shares for Norwich Trading Company with Mnaba.
It is alleged the total purchase price for the said shares was pegged at $380 000 for 100 shares and the terms of the agreement were that an initial sum of $250 000 was to be paid on January 6, 2012, while the balance of $130 000 would be paid on or before August 2012.
However, Mnaba reportedly failed to pay the balance as agreed, prompting the complainant to engage her lawyers to resolve the issue.
Source - newsday
