20 March 2017

Zimbabwe: Call for Magistrate's Recusal

The Prosecutor in the case of a Harare woman who allegedly stole $9 400 from her ex-husband's company, Mr Daniel Muchimbiri, last Friday tendered an application for the recusal of the presiding magistrate Mrs Sharon Chipanga from the matter.

Sinikiwe Mparutsa (46) was facing two counts of theft when she appeared at Mbare Magistrates' Court.

In his application for recusal Mr Muchimbiri said the Mrs Chipanga denied him the right to tender documents which are relevant and admissible and no cogent reason was given.

He said the court ruled that no submissions were made in respect of the second ground for exception when a copy of the submissions was filed of record and was read into the record by the defence counsel.

"Unprocedurally the court ruled that the defence counsel should have a second bite of the cherry by allowing him to lead fresh avidence to which the state would not be in a position to respond to.

Mr Muchimbiri, in his application, said the court clearly indicated on the record of proceedings that the State made submissions on the grounds of exception but surprisingly rejected the State's submissions.

However, the State's submissions in this regard were omitted from the record.


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