Nyanga South Member of the House of Assembly, Supa
Mandiwanzira on Monday filed a chamber application for dismissal of the case for
want of prosecution at the High Court.
Harare provincial magistrate Mr Elijah Makomo early this
week deferred the legislator’s case to August 5 following indications that the
State’s application for rescission of a judgment acquitting him of criminal abuse
of office charges was still pending at the High Court.
Mandiwanzira, through his lawyers, Dube, Manikai and
Hwacha, filed a chamber application seeking dismissal of the case on the basis
that the prosecution had gone for over 60 days without filing an answering
affidavit, beyond the 30 days within which they must file in accordance with
the rules of the High Court.
In his affidavit, Mandiwanzira said: “In the circumstances
and in light of the averments on the merits in my opposing affidavit in case HC
3404/19 it is also understandable that respondents have not pursued their
application because they have no prospects of success.”
The former minister was acquitted in a charge where he was
accused of engaging a South African company, Megawatt Energy, to investigate an
overpriced US$218 million contract entered into by NetOne and a Chinese firm.
Megawatt went on to recover US$30 million which had been over priced on the
contract. Herald
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