By Mary Taruvinga
THE Supreme Court will this Friday hear the case in which Prosecutor General (PG) Kumbirai Hodzi is contesting a High Court decision reversing the confiscation of exiled former cabinet minister Saviour Kasukuwere’s Nyanga mansion.
The High Court ordered immediate release of the former Zanu PF politician’s title deeds after Justice Tawanda Chitapi cleared him of all the criminal offences he was facing.
Kasukuwere was temporarily given back his passport by the court to enable him to travel to South Africa for treatment but never came back.
This prompted the state to confiscate his holiday home he had pledged during bail.
The former Mount Darwin MP was facing several criminal charges and was yet to stand trial.
Aggrieved by the state’s move, the ex-minister took the case up with the High Court challenging confiscation of his property.
He won the case after Chitapi dismissed all charges he was facing.
The High Court gave another ruling releasing with immediate effect title deeds to Kasukuwere’s property, called Lot 4 of Subdivision D Manchester in the District of Umtali, Zimbabwe, registered under 8010/2003 which was held as surety when he was granted bail.
The ruling ordering release of his title deeds came at a time Hodzi had applied for leave to appeal against Chitapi’s in the Supreme Court under case number SC550/19.
Hodzi then filed an urgent application saying he feared Kasukuwere was going to dispose of his property, leaving him with no other recourse in case he wins the Supreme Court challenge.
But High Court judge, Benjamin Chikowero struck the case off the urgent roll before he ordered Hodzi to pay costs of suit to Kasukuwere.
Hodzi says the High Court erred in clearing a fugitive.
His office says Kasukuwere, being a fugitive from justice, had no right of audience in court.
Kasukuwere was supposed to return the passport on January 17 this year