By Mary Taruvinga
FORMER Information Communication Technology (ICT) Supa Mandiwanzira has petitioned the High Court seeking the dismissal of an application in which Prosecutor General (PG) Kumbirai Hodzi wants the reversal of a judgment acquitting him of criminal abuse of office charges.
Hodzi petitioned the High Court for a rescission of the judgment that was delivered in default after suspended prosecutor Edmore Nyazamba reportedly failed to defend the State case deliberately.
Mandiwanzira was facing criminal abuse of office charges after he allegedly awarded a US$4 million auditing contract to South African-based firm, Megawatt Energy, a deal that allegedly prejudiced State owned NetOne in a bid to recover a debt of US$218 million.
Hodzi said the decision to quash charges against Mandiwanzira was arrived at erroneously because prosecutor Nyazamba deliberately failed to respond to Mandiwanzira’s application for his charges to be quashed.
The PG also said his office was also not served with notice of the set-down saying the notice was instead served on the Attorney General.
In response to the application, Mandiwanzira argues that Hodzi must apologise for misleading the public.
In his application in which Hodzi is cited as the first respondent, the ex-minister said Hodzi never responded showing that he has no case against him and no interests in pursuing his challenge.
“This matter is for dismissal for want of prosecution for an application for rescission of judgment made by the respondents under case HC 3404/19,” said Mandiwanzira in his affidavit.
“Respondent filed an application for the rescission of judgment in case HC 3404/19 on the 25th of April 2019. Since the filing of the notice of opposition and opposing affidavit by the applicant, the respondents have not filed any answering affidavit or heads of arguments. It is apparent that the respondents have no intention to have this matter finalised.”
He added: “In the circumstances and in light of the averments on the merits in my opposing affidavit in case HC3404 it is also understandable that respondents have not pursued their application because they have no prospects of success.”
Mandiwanzira said on June 5, 2019, his lawyers wrote to the respondents to remind them of the urgency of the matter but there was no response.
He went on to submit a copy of the letter in which he narrated how desperate he is to have his case finalised.
The ex-minister said he is “presently unable to travel for pressing medical reasons and to pursue his business interests.” Through Dube, Manikai and Hwacha legal practitioners. Mandiwanzira said the pending case is impacting negatively on his life.
“In the premise, and to ensure finality in the matter, the applicant hereby applies for the dismissal of respondents’ application for rescission of judgment in case HC 3404/19 for want of prosecution in terms of order rule 236 of this honourable court’s rules. Applicant also prays that the respondent pays the costs of this application.”
