Tendai Kamhungira 13 July 2017
HARARE – The Constitutional Court (Con-Court) has struck off Mutare
businessman Tendai Blessing Mangwiro’s application for the repeal of the
State Liabilities Act, after ruling that High Court judge Edith Mushore
erred in referring the case to the highest court in the land.
Chief Justice Luke Malaba yesterday said that Mushore had no legal basis
to make an order for referral to the Con-Court.
Mangwiro lodged the application following his failed bid to recover over
$1, 5 million and $78 900 confiscated from him by the police following his
2008 arrest. He was subsequently acquitted of theft charges. He is seeking
the repeal of the State Liabilities Act, which he hopes will allow him to
attach government property to recover his money.
In his Con-Court application, Mangwiro – who was represented by Tawanda
Zhuwarara and Dzimbabwe Chimbga – cited Justice minister Emmerson
Mnangagwa, Ignatius Chombo and Attorney-General Prince Machaya as
“The order was without foundation at law and it is the beginning of the
problems,” Malaba said.
According to Thabani Mpofu, who represented the respondents, the High
Court judge was simply supposed to hand down an order for constitutional
invalidity and end there without giving an order for referral of the
matter to the Con-Court.
Zhuwarara had applied for an exception in the matter, arguing that the
situation was not created by the applicant, but Malaba said that would
create a wrong precedence, insisting on the correct procedure to be