Source: Supa seeks case dismissal | The Herald July 18, 2019
Prosper Dembedza Court Correspondent
Nyanga South Member of the House of Assembly, Supa Mandiwanzira on Monday filed a chamber application for dismissal of the case for want of prosecution at the High Court.
Harare provincial magistrate Mr Elijah Makomo early this week deferred the legislator’s case 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, through his lawyers, Dube, Manikai and Hwacha, filed a chamber application seeking dismissal of the case on the basis that the prosecution had gone for over 60 days without filing an answering affidavit, beyond the 30 days within which they must file in accordance with the rules of the High Court.
In his affidavit, Mandiwanzira said: “In the circumstances and in light of the averments on the merits in my opposing affidavit in case HC 3404/19 it is also understandable that respondents have not pursued their application because they have no prospects of success.”
The former minister was acquitted in a charge where he was accused of engaging a South African company, Megawatt Energy, to investigate an overpriced US$218 million contract entered into by NetOne and a Chinese firm. Megawatt went on to recover US$30 million which had been over priced on the contract.