Former Local Government minister Saviour Kasukuwere, who is facing charges of abuse of office for allegedly parcelling out land illegally, has approached the High Court again, seeking an order to quash trial proceedings and to set aside regional magistrate Hoseah Mujaya’s ruling denying his previous application for an exception to the charges.
BY CHARLES LAITON
Mujaya denied the former minister’s application last week, but Kasukuwere, in his application for review, accused the magistrate of being biased in the manner he has handled his case so far.
Through his lawyers Chinyama and Partners, Kasukuwere filed an urgent chamber application yesterday arguing that Mujaya’s determination on his application for exception was irregular since the charges preferred against him did not disclose any offence, adding his actions were a bona fide exercise of administrative power and authority.
“In the (initial application), I seek an order setting aside a ruling made by the first respondent (Mujaya) on November 29, dismissing my exception to the charges. I also seek the quashing of the proceedings on account of the fact that the first respondent’s ruling was grossly outrageous in its defiance of logic. It simply did not address the exception at all,” Kasukuwere said in his founding affidavit.
“The danger now looms that unless the present application is heard by this court before December 12, 2018, the first and second respondent (Mujaya and Zivanai Macharaga) will want to proceed with the trial even where the weight matters, which are raised in the court application for review, have not been determined and dealt with.”