ONE of President Emmerson Mnangagwa’s anti-corruption
special unit prosecutors, Zivanai Macharaga, has allegedly been accused of
demanding a $20 000 bribe from a former Cabinet minister, who is facing charges
of criminal abuse of office, to throw out the case.
The court heard this yesterday when former Mines minister
Walter Chidakwa and ex-permanent secretary Francis Gudyanga appeared in court
on a criminal abuse of office charge.
While applying for postponement of the matter due to a
pending Constitutional Court (ConCourt) determination on the appointment of
special prosecutors, Chidakwa’s lawyer Advocate Sylvester Hashiti told the
court that his client was not comfortable being prosecuted by Mnangagwa’s
special prosecutors as they receives orders from the Executive.
He said his client views the matter as political
persecution. Hashiti told the court that Macharaga allegedly demanded a $20 000
bribe from a former Cabinet minister, which he alleged he would share with the
magistrate to facilitate acquittal of the case.
“Your worship, we seek a postponement of this case pending
determination of a ConCourt application filed by Levi Nyagura challenging the
appointment of the special prosecutors. Nyagura had successfully applied for a
temporary stay of trial proceedings at the High Court pending the ConCourt
determination of State prosecutor Michael Chakandida’s authority to prosecute
him,” Hashiti said.
Chakandida is also prosecuting Nyagura. Hashiti said the
court order which stopped Chakandida from prosecuting Nyagura applies to their
case since he is the same person who was barred from prosecuting corruption
cases.
“Your worship, there are allegations that Zivanai
Macharaga, one of the special prosecutors, demanded $20 000 from a former
Cabinet minister whom I will not name in this court. It was alleged the money
would be shared with the presiding magistrate,” Hashiti further said.
Hashiti said Macharaga is also conflicted in that he once
appeared for the State prosecuting one of his clients, Gudyanga, who is being
represented by Tafadzwa Muvhami from his law firm, Mugiya and Macharaga.
He further alleged at one time that Macharaga applied for
the release of Gudyanga’s passport despite him being a State prosecutor, saying
such actions raised eyebrows.
Hashiti said the Executive was interfering with the
administration of corruption cases, saying one of the magistrates dealing with
businessman Genius Kadungure’s fraud and money-laundering cases had received
instructions to deny him bail despite initially consenting to it.
He also cited the (Tendai) Biti versus the State case,
saying the MDC deputy chairperson’s trial magistrate Gloria Takundwa wrote to
the High Court seeking review of her decision due to pressure from the
Executive.
Chidakwa, who appeared before another magistrate Nyasha
Vhitorini said it was not provided in law to assign the trial matter to another
magistrate.
“Your worship, in the mind of the accused person, all
Harare magistrates and prosecutors appointed to deal with these cases are influenced
to deny him his rights.
Initially, this case was referred to the trial magistrate
Estere Chivasa by magistrate Josephine Sande and it is not provided in law to
transfer the same matter to another magistrate during the trial. The transfer
can only be done upon death or retirement of the presiding magistrate or else
they will be a trial de novo,” Hashiti further said.
Hashiti submitted a “mysterious” text message which was
only shown to the court and prosecutor, saying it was a security threat.
The text messages forced the court to retreat into the
magistrate’s chambers on two occasions.
Chidakwa, who was seen shaking his head and seemed
reluctant to hand over his mobile phone to the court for review of the text
message, only relaxed after his lawyer asked the court not to record the said
text message as evidence.
In his ruling dismissing recusal application, Vhitorini
said he would deal with the matter impartially and said changing of the
magistrates is only administrative.
Vhitorini then postponed the matter to January 4 pending
the High Court review of his decision to refuse recusal. Newsday
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