THE High Court has granted an order for temporary stay of
proceedings in a matter in which former Zimbabwe Power Company (ZPC) board
chairman Stanley Kazhanje is jointly charged with Intratrek boss Wicknell
Chivayo, on bribery charges.
Kazhanje approached the High Court yesterday, arguing that
he was not ready to proceed to trial as he wanted to acquire a record from
another case where he was convicted on almost similar allegations.
He was jailed for a year for concealing a US$10 000
transaction he received from Chivayo in a botched tender deal. But, the former ZPC board chair was brought back to court
where he is being jointly charged with Chivayo on bribery charges.
Kazhanje then approached the High Court seeking an order to
temporarily stay proceedings at the magistrates’ court saying he wanted to
acquire the court record to use in preparing his defence. The former ZPC board
chairman cited Chivayo and his Intratrek Zimbabwe (Pvt) Limited, magistrate
Pasipanodya Maturure and the Prosecutor-General as respondents.
“The applicant filed an application to review the decision
of the third respondent to dismiss applicant’s application for a postponement
on the basis of the need to obtain court records in another matter to which the
applicant had been convicted.
“In its judgment, the court prematurely pre-empted all the
applicant’s exceptions and defences before the same had been raised and
dismissed. In so doing, the court a quo effectively denied the applicant
adequate time and facilities to prepare his defence as provided in Section 70
of the Constitution of Zimbabwe.
“The court a quo erred in effectively dismissing an
exception which had not yet been made. In so dismissing it, consequently denied
the applicant the right to protection and benefit of the law and the right to a
fair, impartial and independently conducted trial as provided in Sections 56
and 69 of the Constitution.
“The court took away vested rights when same had not been
activated, leaving the applicant with no remedy at law.
“The above being constitutional rights, they go to the very
roots of not only the applicant’s own rights, but the proper administration of
justice and the supremacy of Constitutional rights,” said Kazhanje in his
urgent chamber application prepared by his lawyers from Mhishi Nkomo Legal
Practice.
Justice Phiri granted the order for temporary stay of
proceedings.
Yesterday, Kazhanje also appeared at the Harare
Magistrates’ Court along with Chivayo, where they also sought a postponement of
the matter pending the High Court’s determination on his application for stay
of proceedings.
Chivayo asked for the matter to be deferred to another date
as he was not prepared to commence trial saying his lawyer of choice was out of
the country. He was being represented by Mr Wilson Manase, who was standing in
for Advocate Lewis Uriri, who is representing the Intratrek boss. Kazhanje and
Chivayo are expected back in court on January 12 next year. Herald
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