FORMER Local Government minister Saviour Kasukuwere’s
lawyers have written to the registrar of the High Court, Don Ndirowei, seeking
to have the politician’s matter — in which he is demanding an order directing
the State to release his title deeds — heard by a judge other than Justice
Edith Mushore.
In the letter dated March 12, 2020, Kasukuwere’s lawyer,
Harrison Nkomo, said the same “subject matter” had been argued before Mushore
in April last year, who had already given her judgment.
“It is therefore, abundantly clear that the honourable
judge has made certain pronouncements in her judgment which affect the matter
before her. Against that background, we kindly request that you place this
letter before her for further administration. We are under instructions to
request that the matter be placed before a different judge,” Nkomo said.
In the matter previously heard before Mushore, Kasukuwere
sought to bar the State from dealing with or disposing of his Nyanga property.
The State confiscated the property, which was surrendered as surety, after he
failed to appear at the Harare Magistrates’ Courts where he was facing four
charges of criminal abuse of office.
However, Mushore
struck the application off the roll, after ruling that Kasukuwere should first
come to the country to purge his contempt.
“In casu (in this case), applicant is dictating his own
terms as to when he feels he is likely to return to Zimbabwe to present himself
to the court. He is doing that to his peril and in the face of the warrant nor
having been vacated and in the absence of the applicant making an effort to
return to explain himself, he is deemed to be in contempt of court.
Accordingly, on hindsight, this court ought to have denied the applicant its
audience because the applicant has not purged his contempt,” Mushore said.
High Court judge Tawanda Chitapi went on to quash the
charges against Kasukuwere in August last year, prompting him to make an
application demanding his title deeds. High Court judge David Mangota ruled
that he was entitled to have his title deeds back after he was acquitted.
In the application in which he is seeking Mushore’s
recusal, Kasukuwere demanded his title deeds, accusing the authorities of
failing to comply with Mangota’s ruling. In the application he cited the chief
magistrate and the clerk of court at the Harare Magistrates’ Courts as
respondents.
“The respondents simply have to comply with the order of
this honourable court and the order is enforceable against them … Whichever way
one looks at it, respondents do not have a defence recognised at law.
“The respondents have unlawfully and unreasonably refused
to release the title deeds as directed by this honourable court. Their conduct
reflects the attitude they have taken to orders of this honourable court,”
Kasukuwere said. Daily News
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