HARARE – A Harare regional magistrate yesterday questioned the delay in prosecution of businessmen Genius Kadungure and Wicknell Chivhayo who are facing corruption charges dating back to 2012.
Regional magistrate Morgan Nemadire who is presiding over Kadungure and Chivayo’s fraud trial ordered prosecutor Ephraim Zinyandu to furnish the court with a report after enquiry on why the case had not been prosecuted over five years.
“…Prosecutor you realise that this has been five years since this matter was reported and I do not want to participate in an infringement…you understand where the court is coming from?” queried Nemadire.
“It is my duty to guard against the rights of parties that appear in court. Defence counsels, I see you never raised that issue; do I take it to mean that you are not concerned?”
Wiknell’s lawyer Lewis Uriri responded that he was concerned about the passage of time which had lapsed but said he was prepared to tackle the merits of the case during trial.
Samukange said: “There is no explanation on the side of the State relating to passage of time and this is of great concern and I am happy that the honourable court noticed.”
Zinyandu assured the court that he would investigate the reasons why the case took long to be prosecuted.
He led evidence from the first complainant Evon Gatawa who claimed that after agreeing on an out-of-court settlement of $100 000 with Kadungure he was only paid $50 000 before the latter started becoming evasive.