Prosecute Mwonzora: ConCourt

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THE Constitutional Court (ConCourt) has dismissed an application by MDC-T spokesperson Douglas Mwonzora, who had sought to bar the State from prosecuting him over theft of trust property, paving the way for the commencement of the trial at the magistrates’ courts.

BY CHARLES LAITON

The full ConCourt bench, headed by Chief Justice Godfrey Chidyausiku, concurred that Mwonzora, through his lawyers, Trust Maanda and Jeremiah Bhamu, had failed to substantiate that his fundamental constitutional rights had been infringed.

Chief Justice Chidyausiku said the magistrate who referred the matter to the highest court in the land should have simply dismissed the application on the basis that it was frivolous.

“The matter should have been dismissed by the magistrate as frivolous and should never have been referred to this court. The State is equally to blame. It messed up by allowing this matter to come here,” he said.

The Chief Justice also said given that there were other remedies provided for in the Criminal Procedure and Evidence Act, the matter should not have been brought to the ConCourt.

The court further said Mwonzora’s arguments were based on the grounds that he had not been able to access the bank statements to prepare for his case in the magistrates’ court and further that due to the lapse of time, his constitutional rights to a fair trial within a reasonable time had been infringed.

However, the court pointed out to Mwonzora’s lawyer that there were bank statements forming part of his court application, which was an indication that he had all the necessary documents to prepare his defence.

The court also pointed out that the prescription period within which one would still be charged with a criminal offence was 20 years and Mwonzora’s six-year-old case was still within that legal period, and as such he could be prosecuted.

Maanda, however, was quick to admit that given what the court had highlighted to him, although he had not been given instructions to withdraw the matter, he saw no reason to pursue the application.

Allegations against Mwonzora arose sometime in 2007 where he is alleged to have swindled his client Everson Dandadzi of over ZW$5,45 billion.

38 COMMENTS

  1. In my humble opinion, it helps to be humble and as much as possible, respectful to all and non-acrimonious, iyi nyaya inosvika kuna taisireva. Vana Tsuro Magenga tinoziva kwavakazogumira. Hee we dont recognise Mugabe, hee we will fight, hee we want to DeZANUfy the judiciary, hee the bench is composed of Mugabe’s handpicked cronies, hee the AG was unconstitutionally appointed, hee why does the sun come from the East??..wobva wondogara kupi? Hezvoka nungu yapinda mumwena mawakavanda.

    • Spa hapana zvawataura spa. Time yaana smith there were people who used to justify their inaction, compacency and approval of the Rhodesian regime. Injustice is injustice, regardless of the author of it. Kana uchinakirwa nokunanzva mko$ho une mafossils emubwidi Wako don’t try to justify it

    • The politics of burning bridges is a disaster for MDC-T. The full bench of Mugabe’s wives giving Mwonzora zvinhu zvake. No legal protection now. Vaakuita zvavanoda newe. Apa wakadyiwa zvako election. Unomhanyirepi? Apa ukanzi guilty zveku practiza sa lawyer zvapera. Hu MP nehu minister hwapera. Hameno ikoko!

      • Unotaura sezvinonzi pane hukororo nehudzanyiriri husina kupera. Zvaana Hitler zvakapera, zvamobutu, zvagadhafi, zvasadaam, zvaamini, zvapil pot. May be a more significant question is what will happen when the dictatorship finally ends?

  2. A party spokesperson in essence gives an image that is a reflection of the party he is representing. One wonders the of calibre the rest of party mbrs he stands for and worse still if at all they were in government. lt is a shame. Well there remains 14 more yrs for the case to prescribe and good luck.

  3. Shame on the zim judiciary.Now if you prosecute Mwonzora just for $10,then come and prosecute me too.You bloody idiot judiciary,come arrest me now.

    Do you want to end the MDC T?Now MDC T will never die and we are here to stay.

  4. Zimbabwe’s Constitutional Court is a kangaroo court set up solely to persecute Zanupf’s opponents and protect Zanupf. Godfery Chidyausiku is a very corrupt Zanupf sycophant and will always rule in favour of Zanupf and against MDC.

  5. Pay back time, all those Copac funds accrued through hook and crook must now come to his rescue and land him back where he truly belongs. I like it.

  6. zvenyika, tha concourt does nt prosecute bt jst inteprets tha constitution. & yes according 2 tha constitution he z stl legit 2 face a full trial

    • @dube – waka pusa iwe – handina kuti prosecute ndati the ConCourt is there solely to PERSECUTE Zanupf opponents. Hapan interpretation ye Constitution ipapo. Chituta chemunhu.

        • @mudhara – imi mbavha dze Zanupf mune makore 33 muchiponda vanhu ne kuba ndimi mungande kuti paridzira nezve justice here chokwadi. Ma diamonds enyika muri kuba – hapana arikusungwa. uno rwara.

      • Apa chituta ndiwe nekuti even lawyer wa Mwonzora abvumirana ne dare akatoti ‘although i wasnt instructed to withdraw this case i see no reason in pursuing it.’ Musangofarisa muchituka matare arikuita basa rawo nemazvo. Kana lawyer aita admit unoda kut court iti kudii?

  7. Whether someone steals 1 cent, $1, $10 or $100 million, in 2013 or 1980, the bottom line is, a crime has been committed, a crime with a victim for that matter.

    It is even worse when the culprit who was caught red handed, is an outspoken critic of the country’s judiciary which he continues to accuse of crimes he cant prove.

    Unless you are some sort of Jesus, you surely can not expect the same judiciary to be lenient with you for a crime which has a victim waiting for justice.

    This is a case of someone who has deliberately & mischievously provoked the same courts he expects to feel pity for him when evidence clearly shows he committed a crime.

    It boggles the mind how some Mdc people think.

    • @mbOko – maybe you are right. This means those who committed crimes in the 1980s you know where should face justice for 20 000 deaths in Guk*rah*ndi?

      • Just because some people in Zanu may be corrupt does not give the Mdc members a licence to steal. We have many Zanu people who have been thrown in court & jail so there is nothing new here. Besides, this one was caught red handed. Foolish people get caught. Even iwewe, you would not steal money like this idiot did.

  8. This is similar to a school headmaster who gets discovered to be a school drop out with no qualification. He can not be allowed to continue.

    Lawyers are supposed to be trusted but this lawyer who unfortunately is still operating the same company he used in the theft, has proved to be dishonest, with no doubt.

    It would be sad if the right course of action was not taken & that is to convict him & have him struck off the law register like many other Zimbabwean lawyers who have lost their licences in the same manner.

    Just last week, a Gweru lady layer was sentenced to 3 years in jail for a similar crime.
    So lets stop this victim nonsense because this is not persecution AT ALL.
    It has already been proved beyond doubt that he stole his client’s money, what more do you want, Forgiveness?

    • @mbOko – War Victims Compensation Fund which was abused, 20 000 murders in Guk*rah*ndi, election murders in 2008, offenders must face justice before they persecute Mwonzora for a minor offecne compared to the heinous ones committed in the 1980s.

      • Iwe Zvenyika , i dont know why you are wasting your time as if im the judge of this thief’s case or maybe you are intoxicated with delusions of me suddenly saying “You know what Zvenyika, you’re very right & im wrong”. Dont waste your time.

        THE BOTTOM LINE IS STRAIGHTFORWARD.
        HE STOLE & HE WILL APPEAR IN COURT WHERE HE WILL LOSE HIS LICENCE & THEN ORDERED TO PAY COMPENSATION T O THE VICTIM. HE MAY PROBABLY EVEN BE SENT TO JAIL…AND THAT IS WHETHER YOU WRITE MILLIONS OF IMAGINARY CRIMES COMMITTED BY IMAGINARY SUSPECTS IN ALL NEWSPAPERS OF THE WORLD .

        AZVINA ZVAZVINO CHINJA IZVO ZVAURIKUNYORA PANO

        • @mbOko – so don’t try and lecture us about morals in society when there are thousands walking free in the streets who have committed much more serious crimes. Zimbabwe is a lawless country run by thugs and thieves with no morals whatsoever.

          • Whether or not you confuse my opinions for lectures or whether or not there are criminals violating me or you right now, Douglas Mwonzora is definitely going to stand trial for stealing a client’s money.

            Thats is crime where there are other lawyers still paying heavy prices for, so it requires no “O” levels to tell how much shizo this thief is in & what is going to happen to him & his career..& again that is whether YOU like it or not.

            I dont know if you really understand how useless your rants are as compared to the plain truth im expressing in my OPINIONS

  9. Zimbabwe is a country where society is divided into two – the ordinary people on one side and those above the law who are allowed to do as they please with impunity – the untouchables in Zanupf. The one-sided law descends like a ton of bricks on the ordinary people and political opponents for relatively minor offences but leaves those in Zanupf untouched for much more serious offences. Third World “justice”. I feel for this guy Mwonzora because he is going to be “lynched” by Zanupf judges like a lamb in the hyenas den.

    • He had a simple choice to make. To steal or not to steal chete.
      You Zvenyika, is not in jail because you dont steal or you have not been caught…yet.
      Lesson: Dont get caught, Mwonzora got caught. Time to pay

  10. Some MDC supporters think in funny ways indeed.
    So, all fraudsters should also be released from jail & every Mdc card carrying member should be immune from prosecution..simply because some Zanu chefs are crooks. Ndo chinja yacho

  11. The politics of burning bridges is a disaster for MDC-T. The full bench of Mugabe’s wives giving Mwonzora zvinhu zvake. No legal protection now. Vaakuita zvavanoda newe. Apa wakadyiwa zvako election. Unomhanyirepi? Apa ukanzi guilty zveku practiza sa lawyer zvapera. Hu MP nehu minister hwapera. Hameno ikoko!

  12. If this stupid Zhang party spent a fraction of the time money and effort actually trying to genuinely improve the nation, they might have a little something positive to show for it after 33 years. Instead they invest in muscled self perpetuation, spying on its citizens, stifling criticism, rigging and repression of the levels only seen in countries the likes of Burma, north Korea and the like

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