Harare magistrate Vongai Guwuriro has dismissed an application by property developer George Katsimberis to have Deputy Prosecutor-General Michael Reza testify in a case he prosecuted.
Kastimberis had through his lawyer Tinomudaishe Chinyoka asked the court to have Reza placed on a witness stand to answer some questions about the case. In dismissing the application, the magistrate ruled that Reza could not be compelled to testify in a case that he prosecuted.
"This is an unusual application as can be seen by the fact that there is no previous case law dealing with such a situation. Section 229 provides for the calling of witnesses.
There is a process that is followed. A party to a case cannot just say in court l want that person to take to the witness stand and be my witness," Guwuriro ruled.
She further stated that the amiability and integrity of the court must be preserved at all times and acceding to the defence's application would lead to the integrity of the court being affected.
Chinyoka had submitted that he wanted the court to compel Reza to the witness stand for cross-examination in his client's application.
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Katsimberis is accused of building a showroom in Borrowdale without an approved building plan, resulting in the demolition of the showroom.