By Prosper Dembedza
Harare provincial magistrate Mr Elijah Makomo on Tuesday deferred the matter of former Cabinet minister Supa Mandiwanzira to August 5 following indications that the State’s application for rescission of a judgment acquitting him of criminal abuse of office charges was still pending at the High Court.
Mandiwanzira is facing criminal abuse of office charges after he allegedly awarded a US$218 million auditing contract to a South Africa-based firm, Megawatt Energy.
The deal allegedly prejudiced NetOne of $5 million.
Prosecutor Mr Zivanai Macharaga had sought a postponement of the matter, saying he had liaised with Mandiwanzira’s lawyer Mr Thembinkosi Magwaliba to have the matter stayed for three weeks to pave way for proceedings at the higher court.
Mr Magwaliba told the court that he intended to make an application for variation of bail conditions.
Mandiwanzira recently approached the High Court challenging the trial court’s decision dismissing his application excepting to the charges.
Justice Nicholas Mathonsi granted a default judgement against the respondents in the matter that had been brought to court on the basis that it was unopposed.
“The application for review is hereby granted,” ruled Justice Mathonsi. The judgement of the first respondent dated 15th February, 2019 be and is hereby set aside and substituted with an order that count one of the charges brought against the applicant on the 7th of December, 2018 is hereby quashed.”
Documents seen by The Herald showed that none of the respondents were served with papers to make submissions.
The court papers show that Mandiwanzira’s lawyers served the Attorney-General’s Office although he was not part of the proceedings. The Herald