THE High Court has dismissed an application for referral to the Constitutional Court (ConCourt) filed by businessmen Mike Chimombe and Moses Mpofu, who are being accused of fraud involving US$7 million.
High Court judge Justice Pisirayi Kwenda ruled against the two saying they should have raised their concerns at the magistrates court on initial appearance.
The two were seeking referral of their case to the ConCourt, raising several reasons, including that the High Court had no jurisdiction to hear the case.
They also complained about the age of the assessors for the trial.
Justice Kwenda ruled that a submission by the lawyers of the duo on the age of the assessors was discriminatory.
“The description was not based on any study, science, knowledge or attributes of assessors in this case,” the judge ruled.
“There was no evidence that they are incapacitated because of age. Their appointment is based on their experience.
“There is also an issue of qualification and practice, so the suggestion that the assessor must have the same qualifications as a judge is not appealing to me.”
- Fresh land invasions hit Whitecliff
- Pomona cash row escalates
- Border Timbers targets European markets
- SA name strong A side for Zim tour
Keep Reading
Kwenda said initially, the age limit of an assessor was 65, before it was raised to 70.
He also said the accused persons should have also written to the registrar.
“The registrar would have taken that on board and appointed assessors below the age of 70,” he said.
“I, therefore, find that the decision not to utilise remedies available shows lack of seriousness on part of the accused.
“The decision not to use fits in a description of objection to trial.”
The judge also said the constitutional issues arose at the lower court, not before him.
“Now, with regards to the application for bail pending trial that was made before this court, it shows the two had an opportunity to challenge the law, but they did not do so. Timing is important.”
Chimombe and Mpofu also complained about the conduct of the National Prosecuting Authority of Zimbabwe and alleged interference of the Zimbabwe Anti-Corruption Commission.
Justice Kwenda, however, said it was common cause for the Prosecutor-General to change position on bail consent.
“I, therefore, find the issues to be frivolous. The application for referral, therefore, fails for the reason that it is frivolous. All the issues are frivolous.”
