News / National
Undenge' legal woes persist
02 Mar 2018 at 06:01hrs | Views
A bid for freedom by former Cabinet Minister Samuel Undenge, accused of prejudicing Zimbabwe Power Company of $12 650, hit a snag on Tuesday after a Harare magistrate ruled that he should remain on remand pending trial.
Undenge appeared before Ms Tilda Mazhande and made an application for refusal of further remand.
Through his lawyers, Messrs Alec Muchadehama and Dumisani Mthombeni, he argued that he had been on remand for a long time without standing trial.
The prosecutor, Mr Michael Reza, opposed the application, arguing that it had no merit.
After hearing submissions from both parties, Ms Mazhande ruled that it would not be in the interest of justice to grant the application.
"The accused was placed on remand on January 6 and today (Tuesday) is the 27th of February, therefore, it is correct that reasonable time frame has not been defied," she said.
"Two months cannot be said to be undue delay in trying the accused person. It is the court's view that the State is still within a reasonable time and will allow the further remand."
Ms Mazhande then remanded Undenge to April 3.
She ordered the court to provide Undenge with a trial date on that day, failure to do so and without a tangible reason, she would remove him from remand.
In the application, Mr Muchadehama said, "Accused was a minister and now he is unemployed, he needs to move on with his life. He cannot get employed with these charges hanging."
It is alleged that on January 14, 2016, Undenge, a former Minister of Energy and Power Development, abused his office by directing Zimbabwe Power Company to hire Fruitful Communications to promote Zim-Asset-based power projects without going to tender.
Fruitful Communications then allegedly invoiced $12 650 to ZPC and were paid, but did not get any work done.
The State says Undenge favoured the communications firm contrary to his duties as a public officer.
Another former minister, Walter Mzembi, who is said to have unlawfully disposed of 16 public viewing area television screens worth $800 000 that belonged to Government, is expected to file a fresh freedom bid on March 9.
Mzembi, who is facing another $1,6 million theft of trust property charges, unsuccessfully challenged his placement on remand recently.
He appeared before the same magistrate on Tuesday for his routine remand.
Through his lawyer Mr Job Sikhala, Mzembi, a former Minister of Tourism and Hospitality Industry, notified the court that he intends to make an application for refusal of further remand on the next remand date.
Ms Mazhande remanded him to March 9.
The State alleges that the Ministry of Tourism and Hospitality Industry obtained $2 million from Treasury to purchase 40 LED PVA screens in 2010.
The money was paid to suppliers, Shanghai Linso Digital Technology Company, and the screens were recorded in the ministry's asset register upon delivery.
Mzembi allegedly abused his office criminally by intentionally disposing of 16 of the screens via donations and loaning or hiring them out to various institutions without Treasury's approval.
Undenge appeared before Ms Tilda Mazhande and made an application for refusal of further remand.
Through his lawyers, Messrs Alec Muchadehama and Dumisani Mthombeni, he argued that he had been on remand for a long time without standing trial.
The prosecutor, Mr Michael Reza, opposed the application, arguing that it had no merit.
After hearing submissions from both parties, Ms Mazhande ruled that it would not be in the interest of justice to grant the application.
"The accused was placed on remand on January 6 and today (Tuesday) is the 27th of February, therefore, it is correct that reasonable time frame has not been defied," she said.
"Two months cannot be said to be undue delay in trying the accused person. It is the court's view that the State is still within a reasonable time and will allow the further remand."
Ms Mazhande then remanded Undenge to April 3.
She ordered the court to provide Undenge with a trial date on that day, failure to do so and without a tangible reason, she would remove him from remand.
In the application, Mr Muchadehama said, "Accused was a minister and now he is unemployed, he needs to move on with his life. He cannot get employed with these charges hanging."
It is alleged that on January 14, 2016, Undenge, a former Minister of Energy and Power Development, abused his office by directing Zimbabwe Power Company to hire Fruitful Communications to promote Zim-Asset-based power projects without going to tender.
Fruitful Communications then allegedly invoiced $12 650 to ZPC and were paid, but did not get any work done.
The State says Undenge favoured the communications firm contrary to his duties as a public officer.
Another former minister, Walter Mzembi, who is said to have unlawfully disposed of 16 public viewing area television screens worth $800 000 that belonged to Government, is expected to file a fresh freedom bid on March 9.
Mzembi, who is facing another $1,6 million theft of trust property charges, unsuccessfully challenged his placement on remand recently.
He appeared before the same magistrate on Tuesday for his routine remand.
Through his lawyer Mr Job Sikhala, Mzembi, a former Minister of Tourism and Hospitality Industry, notified the court that he intends to make an application for refusal of further remand on the next remand date.
Ms Mazhande remanded him to March 9.
The State alleges that the Ministry of Tourism and Hospitality Industry obtained $2 million from Treasury to purchase 40 LED PVA screens in 2010.
The money was paid to suppliers, Shanghai Linso Digital Technology Company, and the screens were recorded in the ministry's asset register upon delivery.
Mzembi allegedly abused his office criminally by intentionally disposing of 16 of the screens via donations and loaning or hiring them out to various institutions without Treasury's approval.
Source - the herald
