Friday 24 May 2024


The State yesterday subpoenaed Justice Sylvia Chirawu-Mugomba to testify in the Ivy Kombo Kasi and her husband’s case.

This is after the State’s application for the judge to testify was rejected. The couple’s lawyer, Admire Rubaya said the State was violating the constitution.

“The State is wrong to claim that there’s no law that bars them from calling any witness to testify, my colleague forgets that this country is a constitutional democracy, and this constitution is the supreme law of Zimbabwe and any conduct inconsistent with it is invalid.

“The accused persons are being charged by the State and the State is conducting itself in a way that violates the constitution. The accused persons have a right to be informed promptly of their offences upon arrest and to be given time and facilities to prepare for a defence.

“When this trial commenced, the accused persons were served with various statements and those statements didn’t include a statement from the honourable judge.

“They instructed legal practitioners based on those statements, and exhibits, these are the facilities to prepare for a defence and, if she is to testify, they will not be given a chance to amend their defence outline which would be unfair in the circumstances.

“The State attempted to serve us with a statement, which the investigating officer Owen Mtembwa confirmed that he recorded during trial, and it should be noted that we have cross examined witnesses who cannot be recalled, which would be unfair to the trio.”

But the State insisted that the judge had to testify because the couple claimed in their defence that they were exempted from writing exams by the board of the Council for legal education. The judge is the chairperson of the board.

The magistrate will rule on Monday May 27.


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