Suspended Harare Mayor Jacob Mafume files exception application

SUSPENDED Harare mayor Jacob Mafume on Monday filed an application of exception in a case where he is accused of obstructing justice saying the charges he is facing do not disclose any offence.

Mafume who is represented by Tonderai Bhatasara appeared before Harare Magistrate Taurai Manuwere.

Bhatasara told the court that he will file his application on December 3. The State elected to respond to the application on December 7, while Manuwere will deliver his ruling on it on December 10.

Bhatasara had unsuccessfully applied for postponement of the matter as there is a pending application at the High Court to review his application for recusal of presiding magistrate Ngoni Nduna from the case.

He said the trial cannot start since the State also opposed the application, adding that the State must withdraw its opposing application at the High Court.

Mafume’s lawyer said since Nduna previously denied him bail; he cannot preside over his trial.

“Nduna had refused to recuse himself because he said the matter was allocated to him. So before an existing court order, the State cannot purport to disregard the court order or ignore and decide to place the matter before another judicial officer, “Bhatasara said.

He said if the State concedes regarding recusal of esquire Nduna, it must file consent in respect of the review application at the High Court, adding that the High Court must issue an order of consent regarding Nduna’s recusal.

However, the state represented by Netsai Mushayabasa said the defence was trying to delay the trial as it had ample time to file the application from September, did not to do so.

She said the right to a fair trial is not only for the accused, but also for those who wanted justice to be served.

The right to a fair trial is not only for the accused persons, but equally on the public interest of justice. The witness has been diligently coming to court, “Mushayabasa said.

After he failed to postpone the matter, Bhatasara then filed the application for exception, which he said would be filed on Friday. NewsDay

High Court mum on by-election challenge 6 months on
THE High Court is yet to deliver judgment on a matter where human rights activists challenged Vice-President Constantino Chiwenga’s ban on by-elections six months ago citing COVID-19 measures.

It has now been six months since the case was heard by High Court judge, Justice Siyabonga Musithu, who reserved judgment on the matter.

At the time, Justice Musithu said he needed more time to go through the submissions by the parties before handing down a verdict.

By-elections were suspended indefinitely on October 2, 2020 through Statutory Instrument (SI) 225 of 2020, which banned the holding of by-elections to fill 133 parliamentary and council seats left vacant after the Douglas Mwonzora-led MDC-T recalled MDC Alliance elected representatives for refusing to renounce their allegiance to Nelson Chamisa.

The ban was also challenged at the High Court on October 13, 2020 by Women’s Academy for Leadership and Political Excellence, the Election Resource Centre and six Harare and Marondera residents.

The verdict on the matter was also reserved.

The applicants argued that the continued suspension of elections was in breach of the Electoral Act and the Constitution.

On May 24, 2021, when Justice Musithu presided over the court challenge, he quizzed lawyers representing government over failure to lift the indefinite suspension of by-elections after COVID-19 regulations were eased.

Justice Musithu also questioned why by-elections had been suspended, yet other countries such as Tanzania and the United States had successfully held polls.

The judge said the lawyers should indicate when the suspension of by-elections would be lifted.

The applicants said the suspension of the by-elections was a ploy to stifle democracy.

Mnangagwa has indicated that by-elections would be held early next year, but has not given precise dates.

—NewsDay

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