
Presidential Anti-Corruption Unit special prosecutor
Zivanai Macharaga revealed this in a notice to Kasukuwere’s lawyers Charles
Chinyama and Advocate Thembi Magwaliba dated February 27 and also addressed to
the clerk of court.
The application was expected to be heard yesterday, but
Macharaga and Chinyama agreed to have the matter postponed to March 14.
“We write to advise that on January 17, 2019 accused was
issued with a warrant of arrest after he failed to appear for his trial. In
terms of section 119 (1) and section 133 (a) of the Criminal Procedure and
Evidence Act an order declaring any recognisance forfeited can be made,” the
letter read.
“The State, hereby, notifies the court that on March 6,
2019, it shall make an application to have an immovable property surrendered by
the accused person as surety to be declared forfeited to the State, as referred
to in the minute dated February 22, 2019. The State will proceed to make such
an application in view of the fact that accused has clearly defaulted court and
has no willingness to stand trial. The accused has no right of audience before
the court of law in view of the fact that he is a fugitive.”
Kasukuwere had applied for the release of his passport to
enable him to seek medical attention in South Africa.
“The State will make the application as notified unless the
accused appears in court in whatever condition be it sick or good health. If
the State succeeds and has the immovable property forfeited such a property may
be sold by public auction or the State may deal with it any other way allowed
by the law and this will be done on the shortest possible time provided by the
law,” the letter read.
But Magwaliba further challenged the purported notice of
the State saying the section used to file the notice was defective.
“We further notice that your notice is purportedly
predicted on section 199 of the Criminal Procedure and Evidence Act and if the
reading of the same section is correct, your notice is again defective since it
is predicted on the wrong law. You may want to take this opportunity to visit
the relevant section,” he said. Newsday
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