MDC-T spokesperson Douglas Mwonzora has accused the Attorney-General’s office of selective prosecution and discrimination after he was summoned to court over a six-year-old case.
Mwonzora is alleged to have swindled Everson Shepard Dandazi of over Z$5 billion following a botched property deal in August 2006. He appeared before regional magistrate Fadzai Mthombeni on Wednesday charged with theft of trust property and was remanded to March 19.
He was represented by Advocate Thabani Mpofu. But the matter failed to proceed to trial after Mpofu made an application for referral of the case to the Supreme Court, arguing the State had infringed on Mwonzora’s constitutional rights.
Before Mwonzora could be asked to plead to the charge Mpofu said: “The case dates back to 2006 and is coming out for trial in 2012
“There are certain constitutional issues that arise and we intend to move for relief in terms of Section 24 (2) of the constitution of Zimbabwe.
“We ask the court to refer the matter to the Supreme Court for constitutional consideration.”
Prosecutor Sidwell Chinzete opposed the application arguing Mwonzora had not made any case that warranted the Supreme Court’s intervention but should defend himself during trial. “The application should be dismissed and allow the matter to proceed to trial soonest merely for its unreasonableness,” Chinzete said.
It is the State’s case that in May 2006, Dandazi advertised his property stand number 157 Meyrick Park Mabelreign through an Estate Agent, CB Richard Ellis selling it for Z$4 billion.
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On May 23, Stephen Matongo entered into an agreement of sale with Dandazi and paid a deposit of Z$2 billion.
It is alleged Matongo failed to pay the balance on time and Dandazi refused to accept it, arguing it had been eroded by inflation.
After Matongo and Dandazi failed to agree Mwonzora is alleged to have instructed Dandazi to cancel the agreement of sale.
Dandazi then gave Mwonzora Z$3,5 billion to refund Matongo but the money was allegedly never remitted. It is alleged Dandazi made several other payments to Mwonzora amounting to Z$5,45 billion which he misappropriated leading to his arrest.
