Katsimberis ConCourt bid dismissed

Source: The Herald – Breaking news.

Prosper Dembedza, Herald Correspondent

CHIEF Magistrate Mrs Vongai Guwuriro has dismissed an application for referral to the Constitutional Court filed by property developer, George Katsimberis, who faces allegations of fraud linked to a US$1 million failed joint venture to build cluster houses in Borrowdale.

In her ruling, the chief magistrate described the application for referral as “frivolous and vexatious”, asserting that the Constitutional Court should not be burdened with matters that can be resolved in lower courts.

“The issues raised do not constitute constitutional matters,” she said.

Mrs Guwuriro said Katsimberis had been participating in court proceedings in English, and that his claim of not understanding the language did not align with the interests of justice.

She emphasised the need to conclude the case within a reasonable timeframe.

Katsimberis, represented by lawyer Tinomudaishe Chinyoka, alleged violations of his constitutional rights.

His attempt for direct access to the Constitutional Court was previously denied, as the court ruled it could not interfere in ongoing proceedings.

Katsimberis contended that being required to appear in court using English—a language that is not his mother tongue—was a violation of his rights, and advocated for a Greek interpreter.

He has made several applications for postponements, which the State argues are tactics to delay the case’s resolution.

The ruling on the application was postponed after Katsimberis claimed hospitalisation, but the magistrate insisted he be present in court.

The State, represented by Ms Sheila Mupindu, argued that a ruling on the referral application could not be made in his absence.

Katsimberis has filed additional requests, including motions for the recusal of prosecutors and the magistrate, all of which have been opposed by the State, which contends that he is wasting the court’s time.

Notably, three previous cases involving Katsimberis were resolved while he testified in English.

He also sought to have the former prosecutor of the case, Mr Michael Reza, now the chairperson of the Zimbabwe Anti-Corruption Commission, testify, but this request was dismissed by the court.