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Nyore Madzianike-Senior Court Reporter
A trial date has been set in a matter in which suspended Harare Mayor Jacob Mafume allegedly allocated residential stands to his sister and his law firm’s company secretary illegally.
Harare regional magistrate Mr Ngoni Nduna set October 25 as trial date for Mafume.
Mafume is also facing another charge of interfering with a key State witness, who is set to testify in the matter when trial opens.
Mr Nduna, however, dismissed the State’s application for Mafume to be barred from visiting Town House and other council offices until the matters have been finalised.
The State led by Mr Michael Reza wanted Mafume barred from visiting the council offices fearing that he would interfere with witnesses, who happen to be council employees.
In his ruling, Mr Nduna said barring Mafume from visiting council offices would amount to reviewing the High Court’s bail order.
Mr Nduna said a ruling in favour of the State had serious legal consequences as the courts had a hierarchy.
“This has two dangerously illegal consequences. The first is rooted in the order of hierarchy of courts, their power and jurisdiction.
“The High Court on the facts, issued the order the State seems not happy with. Bringing their grief to this court is like appealing a High Court decision to a magistrate.
“It’s incompetent. If the magistrate gets carried away and goes with the wind and interferes as prayed, the magistrate will have usurped appeal powers of a court superior to him.
“That creates a constitutional crisis and an illegality. It’s forbidden.”
Mr Nduna said the application by the State was a clear repetition of what they presented in the initial bail application.
“The state may have fared reasonably well had they proceeded with their application on CRB 286/20 using the events of CRB 299/20 as new facts.
“In my view, the State had a choice and picked a poor one. Accordingly, I find this court unqualified to re-decide the matter on the same facts,” he said before dismissing the State’s application.
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