AN appeal filed by Prime Minister Morgan Tsvangirai’s two drivers who were arrested last year for allegedly driving vehicles fitted with beacons is now likely to be heard when the High Court resumes sitting next month.
Report by Senior Court Reporter
Advocate Chris Mhike, who is representing Tsvangirai’s drivers Clifford Sanyika and Joshua Mhuriyengwe confirmed the development last Friday.
“They have not been allocated a date and the High Court has closed for the year. We are anticipating that it will be heard when the 2013 legal year opens in January,” said Mhike. A few months ago, Sanyika and Mhuriyengwe filed an application for review of the judgment by Beitbridge magistrate Auxillia Chiwumburu dismissing their application for exception to the charges.
The Attorney-General’s office opposed the application and the pair has since filed answering affidavits and the matter is still to be set down for hearing.
In the application, Mhike said the decision by the magistrate to dismiss the pair’s application for exception to the charges was grossly unreasonable, irregular and not legally permissible to the extent that it had prejudiced his clients.
Sanyika and Mhuriyengwe were arrested in February last year at the Beitbridge border post on their way from South Africa and were charged with contravening section 29 (1)(10) or alternatively section 29(3) of Statutory Instrument 154 of 2010 for allegedly driving vehicles fitted with blue beacons which are a preserve for police vehicles only.
The pair has denied the charge.