HARARE, Jan. 3 (NewsDay Live) – The Supreme Court has granted a bail appeal filed by Italian-born businessman Francesco Marconati, overturning a High Court decision that had kept him in custody despite the National Prosecuting Authority (NPA) not opposing his release.
In a ruling handed down on December 31, 2025, Justice of Appeal Tendai Uchena allowed Marconati’s bail appeal by consent and set aside the High Court’s decision.
“The appellant’s bail appeal be and is hereby allowed. The decision of the court a quo is set aside,” Justice Uchena ruled.
The court ordered Marconati’s release on bail in respect of three matters, including alleged contraventions of the Firearms Act and one count of assault, all arising from cases registered at the Inyathi Magistrates Court.
Under the ruling, Marconati is required to deposit a total of US$2,000, split across two criminal cases, report to Inyathi Police Station every fortnight, surrender his passport, and remain resident at Queens Mine, Bubi–Inyathi, Matabeleland North, until the cases are finalised. He was also ordered not to interfere with State witnesses.
The application was argued by Advocate Lewis Uriri for Marconati, with T.P. Mutarisi appearing for the NPA, which again did not oppose bail.
The Supreme Court decision brings to an end a turbulent bail saga that began early last month, when both a magistrate and High Court judge Ngoni Nduna refused Marconati bail, despite the NPA having formally consented to his release.
Marconati had argued that the decision to deny him bail was the result of “instructions” from enemies allegedly working with his estranged girlfriend, Li Song.
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In the earlier ruling, the High Court acknowledged that the prosecution believed the magistrates’ court had erred in refusing bail but dismissed Marconati’s appeal, citing submissions by the investigating officer that he was a flight risk and had propensity to commit offences.
The decision sparked widespread debate in legal circles, particularly as it was delivered on the same day the High Court granted bail to Marconati’s employee, Mbekezeli Ngwabi, who is alleged to have fatally shot a man who trespassed on Duration Gold Limited’s 5 Mine in Inyathi on November 30.
Ngwabi was released on US$800 bail — a contrast many lawyers described as deeply troubling.
Senior counsel Uriri had argued that once the prosecution concedes bail, “the court has no choice in the matter; the accused must be released,” a position now effectively vindicated by the Supreme Court ruling.
