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to call his former lawyer to testify against him in court.
Mliswa (40) through his lawyer Mr Charles Chinyama says Mr Gerald Mlotshwa was his lawyer and knows privileged information hence he cannot be a State witness in the case.
Mliswa had pleaded not guilty to the charges when he appeared before regional magistrate Ms Estere Chivasa.
Mr Obi Mabahwana intended to call Mr Mlotshwa as his first State witness but Mr Chinyama objected and is now expected to submit written submissions today outlining why they did not want Mr Mlotshwa to testify. The businessman is alleged to have stolen 56 cattle from Rydings School and ignored a High Court order to return the beasts.
Prosecutor Mr Obi Mabahwana alleges that sometime in 2007, Rydings Farm in Karoi, was gazzetted to Gerald Mlotshwa under the land redistribution.
Mlotshwa was the chairman of Board of Governors at the school. In order to protect the school that is on the farm, the board of trustees made an application at the high court to spare the school from activities as the take over would interrupt the school affairs.
A provisional order was granted on October 5, 2007 and Mliswa was among the respondents who were not to interfere with the administration, assets and programmes of the school.
The order was granted by Justice Susan Mavhangira in High Court case HC 4837/07.
In January 2008, Mliswa allegedly sent his employees to drive 56 cattle, which were part of the school property. On the other charge the complainant is Rydings School of Chiedza Farm in Karoi.
In March 2007, Rydings School had financial problems. The then chairman of the board of governors Mr Mlotshwa offered to bail out the school by purchasing some of the cattle from the school as he was also the chairman of Saltlakes, which Mliswa had interests in.
He discussed with the school’s headmaster and told him he had enough funds to finance the school obligation in exchange for the cattle. The headmaster agreed.
On May 16, 2007, Mr Mlotshwa wrote a letter to the school authorities to allow Mliswa to drive cattle from the school to his Spring Farm.
The board of directors, parents and stake holders later objected to the sale of the cattle, arguing that the cattle were undervalued and that the school was being prejudiced by the transaction. It is alleged that in June 2007, the school was to rescind the cattle sale and refund Mlotshwa.
The State says Mlotshwa was refunded Z$390 million, which included an interest of Z$272,1 million, changed from the initial payment of Z$117,9 million.
It is alleged, Mr Mlotshwa advised Mliswa to stop taking the cattle and comply with the High Court order. The State says by collecting the cattle Mliswa disregarded the High Court order. The cattle are valued at US$17 100.
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