Guvamombe case: State under fire

Nyore Madzianike Senior Court Reporter
HARARE regional magistrate Mr Christopher Maturure has expressed disappointment at the State’s failure to indict former chief magistrate Mishrod Guvamombe for trial at the High Court, saying this shows lack of interest and seriousness in prosecuting matters brought before the courts.

Guvamombe is facing criminal abuse of office charges after he allegedly offered internship to former ministers, Saviour Kasukuwere and Supa Mandiwanzira, at the Harare magistrates’ court where criminal charges against them were pending.
The former ministers were studying law at the University of Zimbabwe (UZ).

Mr Maturure told the State to show interest and seriousness when handling matters that it took to court for prosecution.
He expressed his disappointment when he was making a ruling in the State’s application for postponement of the matter to Monday on the basis that Guvamombe’s indictment papers were not yet ready.

“I am disappointed that the papers were not yet done,” said Mr Maturure.
“Clearly, we are disappointed by the way the process is being done. The explanation by the State is that one person is handing the matter to another and asking for postponement.

“There is no seriousness in the manner in which it is being done and the speed is not good enough. There must be a show of interest and the accused must not be seen to be begging to be prosecuted. The State must be demanding to prosecute.

“The State must show some interest on the matter they would have brought before the court. We also want that interest to be consistent.” In his application for postponement, prosecutor Mr Brian Vito promised to take responsibility of making sure that the process was completed on the day they return to court.

“The State had made an undertaking to indict Guvamombe at the High Court,” he said.
“Unfortunately, the indictment papers are not ready. I am told the process had already started and they will be ready during the first quarter of next year for his trial. I had requested my learned colleague for a postponement to next week to enable the indict papers to be completed, but he is opposed to it.”

Guvamombe, through his lawyer Mr Jonathan Samukange, opposed the application, arguing the process only takes about an hour to complete. He said the State was taking too long to complete the process, as it initially relied on falsehoods to raise allegations against Guvamombe.