Munyaradzi, who is chief executive officer of Delatfin
Civil Engineering, had been accused of bribing Thomas Mabgwe of the Zimbabwe
Republic Police with residential stands to avoid prosecution over alleged
offences involving land.
But Justice Chitapi ruled that Munyaradzi did not commit
any crime as alleged.
“It is ordered that the decision of the magistrate in
September 2020 under CRB 108/20 be and is hereby reviewed and set aside,”
Chitapi ruled. “The placement of the applicant on remand be and is hereby
revoked on the basis that the facts as presented by the State do not constitute
a criminal act.”
The State had alleged that Mabgwe, who is attached to the
Criminal Investigations Department (CID) headquarters, was allocated two
residential stands in Sandton Park, Mt Hampden, Harare, in September 2015 to
cover up Munyaradzi’s alleged illegal land deals.
Mabgwe was later arrested on the same charges, but the High
Court, in granting him bail also stated that the offence was not clear.
Justice Pisirayi Kwenda said: “In my view, the allegations
of bribery are far-fetched. The facts as presented to me are weak and the trial
court ought to have taken that into account.
“I am satisfied that the trial court misdirected itself in
failing to appreciate that the allegations did not disclose the offence. I am
not told that the appellant was investigating the Delatfin matter nor was the
CID. I do not see how in the circumstances there would be any need to bribe
him.”
The State had alleged that Mabgwe was given a bribe by
Munyaradzi in his capacity as Delatfin CEO to protect the businessman from
pending criminal charges.
Chitapi, however, said it was the duty of the State to
prove that Munyaradzi committed the offence and in this regard, the State
failed.
“The applicant has no onus to prove anything,” Chitapi
ruled. Newsday
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