State summons businessman to court

Mutanda is facing fraud charges involving more than US$25 million. The businessman, who is also a major shareholder of CAPS Holdings, on Wednesday appeared before Harare magistrate Mr Kudakwashe Jarabini and opposed the State application to return his passport.
Mutanda’s lawyer Mr Jonathan Samukange assisted by Mr Dumisani Mthombeni opposed the State application saying it was fatally defective at law.
When he was granted bail in November, Mutanda was ordered to pay US$1 000 bail and surrender his passport but it was temporarily released to him a fortnight ago after he made an application.
The State did not oppose his application then.
The court ordered him to surrender the passport on January 12 next year. However before the time he was given has elapsed, the State on December 20 wrote to Mutanda’s lawyers, Venturas and Samukange, advising them that they wanted Mutanda to return his passport.
During the hearing on Wednesday, prosecutor Mr Obi Mabahwana told the court that there were changed circumstances warranting the businessman to return his passport.
Mr Mabahwana submitted that the State intended to carry out extraterritorial investigations in South Africa and Europe hence they wanted to prevent the CAPS Holdings boss from travelling to these countries.
But Mr Samukange described the State’s decision as an abuse of court process and harassment of his client.
He argued that his client was improperly before the court. The lawyer questioned the law the State was relying on to call Mutanda back to court when his next court date was January 12 next year.
“The court cannot reverse its order but the State can appeal or seek a review of that order if it feels it was improperly done,” argued Mr Samukange.
“My client cannot be made to suffer because the State alleges the person who consented (to the release of the passport) was either drunk or suffering mental insanity.” The matter continues today. Charges against Mutanda arose when he allegedly connived with his accomplice Justice Majaka and defrauded CAPS Holdings of $25 million after they fraudulently took 50 dossiers of critical drugs manufactured by CAPS Private Limited and registered them in Europe under the name CAPS International. They registered the drugs after they misrepresented to the Medicines Control Authority of Zimbabwe that they had authority from CAPS Holdings to de-register the drugs.