The State is seeking to petition the High Court for a
rescission of the judgment acquitting former minister Supa Mandiwanzira of
criminal abuse of office charges that was delivered on Wednesday. The decision
was granted in default after all the listed respondents — trial magistrate Mr
Elijah Makomo, Prosecutor-General Mr Kumbirai Hodzi and the National
Prosecuting Authority — failed to make representations on the matter.
Mandiwanzira was facing criminal abuse of office charges
after he allegedly awarded a US$218 million auditing contract to South
African-based Megawatt Energy.
The deal allegedly prejudiced NetOne of $5 million. Anti-Corruption
Special Unit director Mr Tabani Mpofu last night confirmed to The Herald they
were in the process of filing an application for rescission of decision, which
he claimed was erroneous.
“We are going to court to seek a rescission of the default
judgment granted against us,” he said.
“It was erroneously granted because the
Prosecutor-General’s Office was not served with the notice of set-down. In
fact, the notice was served on the Attorney-General’s Office.”
Mandiwanzira approached the higher court challenging the
trial court’s decision dismissing his application excepting to the charges.
Justice Nicholas Mathonsi granted a default judgment
against the respondents in the matter that had been brought to court on the
basis that it was unopposed.
“The application for review is hereby granted. The judgment
of the first respondent dated 15th February, 2019 be and is hereby set aside
and substituted with an order that count one of the charges brought against the
applicant on the 7th of December, 2018 is hereby quashed,” ruled Justice
Mathonsi.
Documents seen by The Herald, showed that none of the
respondents were served with papers to make submissions.
The court papers show that Mandiwanzira’s lawyers served
the Attorney-General’s Office although he was not part of the proceedings.
Mandiwanzira sued the trial magistrate after he threw out his application for
exception of the criminal charges.
He ruled that the former minister has a case to answer and
should be put to his defence. Commenting on Mandiwanzira second charge in which
he is accused of appointing his personal assistant to the Postal and
Telecommunications Regulatory Authority (Potraz) board, Mr Mpofu insisted the
prosecution has a strong case against him. Herald
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