Embattled business partners Moses Mpofu and Mike Chimombe have taken a significant legal step by filing an application at the High Court’s Criminal Division, seeking to refer their case to the Constitutional Court. Their move, represented by lawyers Advocate Tapson Dzvetero and Ashiel Mugiya, is rooted in a series of concerns surrounding their arrest, incarceration, and the unfolding trial, which is currently before High Court Judge Pisirayi Kwenda.
The pair has consistently maintained their innocence, but they argue that critical procedural irregularities have compromised their right to a fair trial. Among their key grievances is the composition of the court; both assessors seated alongside Judge Kwenda are reportedly over the age of 70. Mpofu and Chimombe question the appropriateness of this arrangement, suggesting it undermines the integrity of the judicial process.
The partners also express discontent over Judge Kwenda’s decision to permit the live broadcasting of their trial without consulting them or the State. They argue that such a decision, made in the absence of the accused and the prosecution, raises questions about due process and transparency.
Their lawyers have detailed several procedural concerns, including an unexpected replacement of an assessor during the trial without prior consultation or consent from the accused. This, they argue, violates fundamental principles of justice and fair trial rights.
“Both the current assessors who constitute the court together with the Honourable Justice Kwenda are above (70) years of age,” the lawyers stated. They highlighted the confusion surrounding the court’s operations, particularly regarding the late commencement of proceedings attributed to a private application for live-streaming, which they assert was not disclosed to them or adequately addressed.
In addition to these issues, the lawyers have pointed to a broader context involving the Zimbabwe Anti-Corruption Commission (ZACC). They allege that ZACC had publicly announced intentions to investigate the business dealings of Mpofu and Chimombe, citing press releases that hinted at serious allegations, including money laundering and abuse of office. The application emphasizes the lack of clarity surrounding the parties involved in these allegations and the process leading to their arrest.
Despite voluntarily presenting themselves to ZACC for questioning, the accused were remanded in custody by the Magistrates Court. Their subsequent attempts to secure bail were denied, with the High Court asserting that their indictment rendered such applications moot. This, the lawyers argue, is a further violation of their rights. Mpofu and Chimombe’s application to the Constitutional Court seeks a declaration that proceedings presided over by judges or assessors over the age of 70 constitute a nullity, highlighting concerns over age and capability within the judiciary.
As their trial progresses, the unfolding legal battle underscores significant issues related to judicial process, rights of the accused, and the broader implications of public scrutiny in high-profile cases. The Constitutional Court’s decision on this referral will be crucial in determining the path forward for Mpofu and Chimombe, as well as setting potential precedents regarding the composition of judicial panels and the rights of defendants in Zimbabwe.
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