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Senior Court Reporter
Suspended Zimbabwe Broadcasting Holdings chief executive Happison Muchechetere, who is facing charges of contravening the procurement law, will have to remain on remand for a while pending determination of his application at the Constitutional Court. Muchechetere, through his lawyer Advocate Thabani Mpofu instructed by Mr Keith Kachambwa of Dube, Manikai and Hwacha, successfully applied to have the case referred to the Constitutional Court raising constitutional grounds which need to be determined by the apex court.
Muchechetere (pictured below)yesterday appeared before regional magistrate Mr Adonia Masawi, who further remanded him to November 12.
This was after the State, led by Mr Chris Mutangadura, notified the court that the case was still pending at the ConCourt.
“Your Worship, currently the matter is at the Constitutional Court therefore we would like to seek a postponement of the matter to November 12 while awaiting the outcome at the highest court,” he said.
By consent, Muchechetere had his bail conditions relaxed.
When he initially appeared in court, Muchechetere was ordered to surrender his travel documents and to report every Friday at CID Serious Frauds Squad as part of his bail conditions.
However, Muchechetere will now have to report once a month at Banket Police Station.
His passport was also temporarily released to him and should be returned to the Clerk of Court on October 17.
Muchechetere had applied for an exception to the charge arguing that it was defective and unconstitutional, however the court threw out the application for lack of merit.
In his application for referral to the ConCourt, Muchechetere insisted that his charge was based on a non-existing entity.
In dismissing Muchechetere’s application for exception, Mr Masawi ruled that the charge creates an offence.
He also ruled that ZBC was a procurement entity adding that its unbundling into three private entities did not in any way alter the case.
In the application, Muchechetere had said the charge was bad at law and in that case he was entitled to an acquittal without going to trial.
He raised a preliminary point objecting to the charge saying the charge did not disclose an offence recognisable at law. To this end, he says the legislation under which he is charged is constitutionally invalid, hence no valid proceedings could depend on such legislation.
The State alleged that on January 18 last year, Muchechetere – without going through a formal tender – entered into procurement agreement to buy an Outside Broadcasting van with the China National Instruments Imports and Exports Corporation at a price of US$1 050 000.
In the agreement, Muchechetere was representing ZBC as the accounting officer.
On June 28, Muchechetere concluded the purchase deal alone, which resulted in the Chinese firm issuing a commercial invoice after which the OB van was delivered on August 8.
Online Reporter