admin70 counts of flouting foreign currency regulations.
ZCTU represented by George Nkiwani was appearing before regional magistrate, Mr Morgen Nemadire.
The labour body is facing more than 70 counts of violating the country’s Exchange Control Act in 2003.
Through its lawyers the labour body applied to have the matter referred to the highest court in the land arguing that its rights to a fair trial within a reasonable time had been infringed.
It intended to apply for permanent stay of prosecution at the Supreme Court on that basis.
Mr Nemadire in his ruling said a delay of four years was presumptively prejudicial.
“Consequently the intended prosecution under CRBR45/11 is in terms of Section 24(2) of the constitution is referred to the Supreme Court for permanent stay consideration,” he ruled.
ZCTU allegedly received money from overseas donors between September 18, 2003 and December 4, 2003.
The money was allegedly received by the now out-going ZCTU secretary general Wellington Chibebe and the treasurer, M Chokuda.
Chokuda, it is alleged, instructed the Standard Chartered Bank of Zimbabwe to transfer US$23 333 into Othitis Alexander George’s account held in the National Bank of Greece.
The money was for the purchase of Lot 1 of Stand Number 269 in the Midlands capital of Gweru.
The stand was allegedly co-owned by Othitis Alexander George.
According to ZCTU’s memorandum dated July 23, 2003, originated by the financial administrator to the ZCTU secretary general, 50 percent of the purchase price for the stand was to be paid in US dollars and the other 50 percent in Zimbabwe dollars, which ceased to be a currency of trade in 2009.
It is alleged that on September 1, 2003, the bank transferred US$23 333 into George’s account.
Between July and August 2003, ZCTU had again entered into an agreement to buy stand Number 464 Fort Victoria in Masvingo.
The stand was valued at US$21 000 and on August 30, Mr Chibebe and Chokuda allegedly instructed the Standard Chartered to telegraphically transfer US$21 000 into Dimitros Yaminis account held at the bank of Cyprus Nicosia.
The cash was wired on September 1.
The State says these transactions were in breach of the Exchange Control Act outlawing the externalisation of scarce foreign currency then.
Prosecutor Michael Reza appeared for the State.
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