Wednesday, 28 September 2016

MUJURU BOND NOTES CASE THROWN OUT

Zimbabwe People First leader, Dr Joice Teurai Ropa Mujuru’s  Constitutional Court application seeking direct access to the highest court on the land challenging the introduction of bond notes has been dismissed.

Dr Mujuru who was represented by Professor Lovemore Madhuku instructed by George Nyandoro was slapped with costs.

In its judgment the highest court in the land found Dr Mujuru’s application premature and speculative.

The court ruled there was no factual basis on the likelihood of applicant’s fundamental rights being infringed given that there is no reason to prove that the executive is going to act unlawfully by introducing bond notes without following due process.

The court said the matter was not yet ripe to be brought to the con-court as there was no violation of applicant’s constitutional rights or likelihood of such.

It also contended that there is nothing wrong in Dr Mujuru waiting for the introduction of the bond notes first then pursuing a legal challenge on an urgent basis if there is an infringement.

Meanwhile, Harare Magistrate Ms Bianca Makwande has postponed the routine remand proceedings for Prophetic Healing and Deliverance Ministries founder Walter Magaya to the 21st of October.

The postponement was occasion by an application by state prosecutor Sebastian Mutizirwa who told the court that the complainant in the rape matter had introduced fresh allegations which require further investigations.

Everson Chatambudza strongly opposed the postponement arguing that the state was employing delaying tactics and lying that there was fresh evidence given that at the last remand date on the 15th of September, the state had promised to have wrapped up its case.

The defence additionally requested the court to put it on record that on the next remand date if the state does not avail a trial date, they will apply for refusal of further remand.

The court postponed the matter to the 21st of October having taken note of a request by the defence for the relaxation of Magaya’s bail reporting conditions from reporting once a week to reporting once per month or once on a fortnight basis.



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