adminFidelis Munyoro Chief Court Reporter
The extradition of the Zimbabwean house maid who allegedly stole R1,5 million, hundreds of euros and British pounds from her employer in South Africa early this year, has been put on hold until a proper application is made.
Constance Mujeyi (28) allegedly swindled her former employer and fled back home with her loot.
Harare magistrate Francis Mapfumo two weeks ago advised Mujeyi, who is being charged along with her two brothers Watson Laiton (27) and Mathew Laiton (23), of their extradition to South Africa for trial.
The extradition was supposed to be carried out on August 28.
This prompted the trio’s lawyer Norman Mugiya to file an urgent chamber application at the High Court challenging the extradition on the grounds that the order was defective.
Justice Esther Muremba heard the application sitting in her chambers last Friday.
The hearing culminated in both parties’ lawyers agreeing to a consent order provisionally halting the extradition.
Mugiya argued that there was a pending matter before the same court barring the extradition to South Africa saying it was unlawful.
The pending matter was filed under case Number HC6891/15.
Mugiya argued that the magistrate and the State represented by Chief Law Officer Chris Mutangadura had not complied with the provisions of the Extradition Act.
After hearing submissions from both parties, it was suggested that the parties agree to a consent order provisionally stopping the extradition until the matter is finalised.
“The ruling that was handed down by the court a quo (lower court) on August 19, 2015 notifying the accused persons that they will be extradited to South Africa within a week is hereby set aside,” read the consent order signed by both parties’ lawyers.
“The applicants have a right to respond to the State’s application for extradition before a decision is made.”
The move to extradite the trio follows a request by South Africa’s National Prosecuting Authority (NPA).
Mujeyi allegedly hatched a plan to steal from Veronica Wilkins and roped in her brothers, who helped her flee to Zimbabwe.
They allegedly used part of the money to build a house in Zengeza 5 in Chitungwiza and also bought a car.
The three now face two counts of theft and money laundering.
According to the State, on May 11 Mujeyi stole the money from Wilkins’ bedroom and handed it over to Watson and Mathew, who were also working in South Africa.
It is the State’s case that the three assisted the police in recovering part of the money and the car they bought was confiscated by police as an exhibit.
Online Reporter