THE Judiciary Service Commission of Zimbabwe (JSC) has secured funding for the intended inspection-in-loco to be conducted in South Africa by the local High Court in the trial of Core Mining and Mineral Resources director, Lovemore Kurotwi and former Zimbabwe Mining Development (ZMDC) chairperson, Dominic Mubaiwa.
BY CHARLES LAITON SENIOR COURT REPORTER
Kurotwi and Mubaiwa are accused of causing a $2 billion potential revenue loss to the government through the now defunct Canadile Miners. Canadile was a joint venture between government-owned Marange Resources and Core Mining and Mineral Resources. The trial was adjourned two years ago after the State insisted it needed to visit South Africa to view some areas where Core Mining and its South African partners were conducting businesses.
Head of the Commercial Crimes Unit in the Prosecutor-General’s Office Chris Mutangadura confirmed the new development adding that the trip was well on course.
“We briefed the judge today on the logistics concerning the trip to South Africa,” Mutangadura said. “JSC secretary Rita Makarau visited Treasury, which is supposed to avail funding, and we are informed Dr Manungo undertook to avail the cash for the trip by end of this month and parties will convene on May 5 to finalise everything.”
Mutangadura said May 11 this year had been set as the departing date, while the inspection-in-loco would be conducted on May 12 and 13. It could not be established how much was required for the trip to South Africa, but the amount would cover travel and accommodation expenses for both the State and defence team.
However, proceedings in South Africa would be presided over by a chief magistrate according to correspondence between the two countries; an arrangement which Kurotwi, through his lawyer Beatrice Mtetwa, had argued was not comfortable with.
Mtetwa said although they had agreed to go for an inspection-in-loco, they reserved the right on who would be presiding over the matter in that country.
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“Our view is that the South African magistrate cannot preside over our client’s matter. We cannot allow our clients to be subjected to foreign courts,” Mtetwa said.
However, Mutangadura said the procedure to be adopted was that Chief Magistrate for Kimberly Court would only facilitate the proceedings since the area falls under his jurisdiction.
