News / National
Hodzi seeks to reopen Supa Mandiwanzira corruption case
29 Sep 2021 at 07:30hrs | Views
PROSECUTOR General (PG) Kumbirai Hodzi has approached the High Court seeking to reopen former ICT minister, Supa Mandiwanzira's corruption case which he was cleared of last year.
Hodzi filed an urgent chamber application with the High Court seeking dismissal of a review application by Mandiwanzira, seeking his prosecution in a case he was accused of unlawfully seconding Tawanda Chinembiri, his former personal assistant to the Postal and Telecommunications Regulatory Authority of Zimbabwe (Potraz) board.
Hodzi said 11 months have since elapsed, but Mandiwanzira is yet to file his answering affidavit.
Hodzi is praying that the review application filed by Mandiwanzira be dismissed for want of prosecution.
Mandiwanzira was however removed from remand on this case by Harare magistrate, Esthere Chivasa.
This was after the state consented to his application for refusal of further remand.
Chivasa ruled the case will have to proceed by way of summons.
In the current application Hodzi has filed through his law officer, Tozivepi Mapfuwa, he cited Mandiwanzira and magistrate Bianca Makwande as first and second respondents respectively.
According to court papers, Mandiwanzira had filed an application for review on August 24 under case 4486/20 and served it to the PG and Makwande.
He had excepted the charge but Makwande dismissed his application ruling that corruption matters should not be resolved on technicalities.
While challenging Maandiwanzira's appeal, Hodzi argued that Makwande had ruled that there was vagueness between the charge and summary of facts.
Hodzi said where an application to quash a charge is made, it is discretionary upon the magistrate to either quash a charge or order it to be amended in such manner as the court thinks just," said Hodzi.
He also urged the court not to hear premature defences or innocence of Mandiwanzira.
"It is clear from the application that the applicant is fighting to avoid the trial. He should allow the state to amend its charge and fr the matter to be disposed of on merits rather than technicalities," he had argued.
The state had been ordered to amend Mandiwanzira's charges but admitted that it had failed to amend the charges within seven days required by the court's order.
The matter is yet to be heard.
Hodzi filed an urgent chamber application with the High Court seeking dismissal of a review application by Mandiwanzira, seeking his prosecution in a case he was accused of unlawfully seconding Tawanda Chinembiri, his former personal assistant to the Postal and Telecommunications Regulatory Authority of Zimbabwe (Potraz) board.
Hodzi said 11 months have since elapsed, but Mandiwanzira is yet to file his answering affidavit.
Hodzi is praying that the review application filed by Mandiwanzira be dismissed for want of prosecution.
Mandiwanzira was however removed from remand on this case by Harare magistrate, Esthere Chivasa.
This was after the state consented to his application for refusal of further remand.
Chivasa ruled the case will have to proceed by way of summons.
In the current application Hodzi has filed through his law officer, Tozivepi Mapfuwa, he cited Mandiwanzira and magistrate Bianca Makwande as first and second respondents respectively.
He had excepted the charge but Makwande dismissed his application ruling that corruption matters should not be resolved on technicalities.
While challenging Maandiwanzira's appeal, Hodzi argued that Makwande had ruled that there was vagueness between the charge and summary of facts.
Hodzi said where an application to quash a charge is made, it is discretionary upon the magistrate to either quash a charge or order it to be amended in such manner as the court thinks just," said Hodzi.
He also urged the court not to hear premature defences or innocence of Mandiwanzira.
"It is clear from the application that the applicant is fighting to avoid the trial. He should allow the state to amend its charge and fr the matter to be disposed of on merits rather than technicalities," he had argued.
The state had been ordered to amend Mandiwanzira's charges but admitted that it had failed to amend the charges within seven days required by the court's order.
The matter is yet to be heard.
Source - NewZimbabwe.com
