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Temba Mliswa’s former lawyers testify against him in a case in which he and five others are accused of seizing 50 percent shareholding in Noshio Motors.
The company is valued at US$1 million.
Mliswa is jointly charged with George Marere (36), Martin Mutasa (47), Hammarkjold Banda, his wife Brendaly, and Alfred Mwatiwamba.
Regional Magistrate Mr Never Katiyo yesterday said no such application had ever been made in Zimbabwe.
The State wanted two lawyers who once represented Mliswa to testify against the businessman.
However, Mr Katiyo said, “The issue, other than statutory requirement as put in the code, also touches on issues of ethics in the legal profession.
“It goes to the root of the profession itself as behaving otherwise may result in the public losing complete confidence not only in the concerned legal practitioner but the whole profession at large.
“The question before this court cannot be resolved without referring to the Constitution of this country.
“There is also the issue of ethics; bearing in mind the likely consequences of the outcome of this application.”
He said such testimony would infringe on lawyer-client confidentiality.
“A legal practitioner may give evidence regarding privileged matters only with his client’s consent . . . Why has the State resorted to calling this kind of evidence?
“Does it really need the events which took place before the actual commission as would be like the situation in cases of treason?
“Is the State so desperate that they have to rely on such evidence in this court? I am not sure,” he said.
The State sought to call Mr Archford Rutanhira from Scanlen and Holderness and Mr Gerald Mlotshwa from GN Mlotshwa and Company to give evidence against Mliswa and his co-accused.
Defence lawyer Mr Charles Chinyama represented the accused. The trial continues on April 4.
Online Reporter