Advocate’s application dismissed

 Nyore Madzianike Senior Court Reporter

HARARE lawyer Advocate Sylvester Hashiti yesterday told the court that he will approach the High Court seeking a review of his application for exception to the charges, which was dismissed because the lower court has no jurisdiction to deal with matter.

Hashiti, who was being represented by Advocate Tawanda Zhuwarara, had his application thrown out after Harare regional magistrate Mr Ngoni Nduna noted that the High Court had the jurisdiction over what he was asking for in his application.

He is being charged with criminal insult after alleging that prosecutor Zivanayi Macharaga had received a US$20 000 bribe.

In his application, Hashiti wanted the court to quash the charges arguing that the allegations raised by the State lacked evidence.

Adv Zhuwarara said the court’s ruling failed to highlight on authorities of law that assisted it to reach its decision and would approach the High Court for a reveal.

He said they would file their notice on September 14 before they return to court on September 16 for routine remand.

The State led by Mrs Tendai Shonhai alleges that on December 17 last year, Hashiti was in court representing Francis Pedzana Gudyanga, former Permanent Secretary in the Ministry of Mines and Mineral Development, who was being co-charged with former Mines Minister Walter Chidhakwa.

They appeared before magistrate Nyasha Vitorini. Accusations are that on the same date, Hashiti asked magistrate Vitorini to put it on record that Macharaga had received a bribe of US$20 000 from an accused person, who was appearing in one of the anti-corruption courts at the Harare Magistrates Courts.

This statement was published in a local newspaper headlined “Anti-graft prosecutor in bribery storm.”

According to the State, the statement carrying the allegations was malicious, false and meant to attack Macharaga’s integrity and to impair his dignity.

Macharaga was not in court on the day in question, it is alleged. Police reportedly instituted investigations into the allegations and discovered that the claims were false and Hashiti could not substantiate the claims.