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Nyore Madzianike Senior Court Reporter
The trial of former Cabinet minister Prisca Mupfumira has been stayed to allow her to approach the High Court for a review of the trial court’s decision to put her on her defence on charges relating to the National Social Security Authority (NSSA) housing project in Gweru.
Mupfumira was asked to defend by explaining how Drawcard Enterprises was selected to undertake the Gweru project by NSSA.
Harare regional magistrate Mr Ngoni Nduna, in his ruling allowing for the trial to halt for the review, said the State would not suffer any prejudice since it has led all its witnesses and has also raised issues which need to be reviewed.
Mr Nduna made the ruling after Mupfumira applied for stay of proceedings pending the determination of her application for review by the High Court.
In her application prepared by lawyer Mr Admire Rubaya, Mupfumira had argued that the court had brought in a new and different charge when it asked her to explain how Drawcard Enterprise earned the tender to construct low income houses for NSSA in Gweru.
She was charged on allegations of fast-tracking the construction of the houses without following tender procedures.
On the other hand, the State claimed Mr Nduna raised issues which were detrimental to its case when it placed Mupfumira on her defence case.
“The court must appreciate that an application for review of its decision is of constitutional importance as accused is simply saying my rights to a fair trial may have been breached,” said Mr Nduna.
“In a voluminous application, one paginated to 440 pages, accused wants to persuade the review court that she was indeed wronged by the dismissal of her discharge application.
“She insists that the charge is defective and therefore she cannot be placed to her defence on such a charge. The defect or otherwise of the charge was raised previously, such that its persistence now is merely being argumentative. I will not say much about that,” said Mr Nduna.
Mr Nduna also noted that the State maintained that making Mupfumira explain the existence of Drawcard Enterprises was proper and insisted on proceeding with the trial.
But he said the Magistrates Court must not usurp the functions of the review court and must not make a ruling which may appear like resolving the review.
“Clearly there is a question which needs to be addressed by a review court. We cannot stand in its way and remain constitutionally correct,” he said.
Mr Nduna ruled that the State will not suffer any prejudice if the proceedings are stopped since all its witnesses have testified.
He said the State should not be worried by the threat of death of anyone involved as it will not affect the case.
“Accused is full of life, so is the court. My view is that a case for review is available. The State has in its opposition to the review also raised areas which they claim the court erred to be detriment of its case, despite accused having put to her defence.
“So clearly, it’s prudent for the two parties to appear before the review court to advance their positions, lest they may come out better. Accordingly, a postponement is allowed to allow that to take place,” he said.
Mupfumira is expected back in court on June 29.
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