Prosper Dembedza Court Correspondent
Harare magistrate Mrs Barbra Mateko on Tuesday postponed the matter in which public prosecutor Edmore Nyazamba is facing charges of criminal abuse of duty as a public officer after he allegedly failed to oppose an application for exception by former Cabinet Minister Supa Mandiwanzira.
Mandiwanzira was eventually acquitted of all the charges involving breach of procurement regulations when he awarded a $218 million contract to Megawatt, a South African-based consultancy company, on behalf of NetOne.
Nyazamba (42), who is on $200 bail, is being accused of acting contrary to his duties when he failed to lodge relevant papers in opposing Mandiwanzira’s application seeking review of the trial court’s proceedings.
Prosecutor Mr Sebastian Mutizirwa asked the court to postpone the matter to August 1, saying the docket was going to the Prosecutor-General’s Office for perusal and opinion.
Responding to Mutizirwa’s application, Nyazamba’s lawyer Mr Bekithemba Mlauzi told the court that he was putting the State on notice and if they are not ready for trial on the next remand date, he is going to apply for refusal of further remand.
Charges against Nyazamba arose on March 6 when he was assigned to handle a court application filed at the High Court under case number HC 1761/19 for review involving Mandiwanzira, who was challenging the decision of the trial court to dismiss his application for exception. The matter had been set for March 8. It is alleged that on March 8, Nyazamba informed the court of the State’s intention to oppose the application and asked for time to file his papers.
This resulted in the matter being deferred to March 19 and notwithstanding the deadline given, and contrary to his duties, Nyazamba failed to lodge the relevant papers, allegedly showing favour to Mandiwanzira.
This prompted the matter to be set down on the unopposed roll on March 27 before it was again deferred to April 3, on which date Mandiwanzira’s application was granted unopposed by Justice Nicholas Mathonsi.