MDC-Alliance principal Tendai Biti, who is facing charges
of inciting violence in Harare following violent demonstrations on August 1,
successfully applied for the removal of one of the best criminal prosecutors in
the land, Mr Michael Reza, as lead prosecutor in the case.
He was also temporarily given back his passport to enable him
to travel on parliamentary business after he had applied for its release.
Biti, through his lawyers, Ms Beatrice Mtetwa, Messrs Alec
Muchadehama and Jeremiah Bhamu, made an application for Mr Reza to recuse
himself from the matter on the basis that he was impartial and biased.
He argued that Mr Reza responded to his (Biti) affidavit at
the High Court with a tone which showed that he was furthering the interests of
a certain political party.
In her ruling, magistrate Ms Gloria Takundwa concurred with
Biti and ordered Mr Reza to recuse himself as the lead prosecutor.
She said a prosecutor must be neutral at all times. “When
Mr Reza was responding to the accused’s application for his recusal, he
responded saying that he had responded to Biti’s affidavit in a political
climate since accused had also brought out a political tone,” said Ms Takundwa.
“Under no circumstances should a prosecutor at any stage
assume a political tone or respond in a political tone. The prosecutor must at
every stage remain non-partisan as required in terms of section 261(2) (a) of
the constitution.
“The fact that Mr Reza responded in a political tone or
climate shows that his behaviour has fallen far short of the customary
standards of fairness and detachment as demanded from him.
“His sentiments instilled a belief or reasonable
apprehension of biasness on his part.
“There is a real possibility of bias on the part of Mr Reza
if he continues prosecuting the accused.
“If Mr Reza maintains the position as lead prosecutor, he
may well not act towards the accused with the fairness and impartiality that
the administration of criminal justice demands. The application, therefore, for
removal of Mr Reza as the lead prosecutor be and is hereby granted.”
Mr Tafadzwanashe Mupariwa from the PG’s office then took
over from Mr Reza as the lead prosecutor.
Biti is also facing charges of contravening Section 66A (1)
of the Electoral Act Chapter 2:13, which prohibits the unofficial or false
declaration of election results.
He is alleged to have unlawfully declared opposition party
leader Mr Nelson Chamisa as the winner of the presidential elections last week.
In terms of the country’s electoral laws, only the Zimbabwe
Electoral Commission (ZEC) is empowered to declare the winner of an election.
The matter was remanded to December 3 for trial. Herald
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