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.

Zimbabwe

I Won't Quit, Says Tsvangirai - Q&A in Full

Former Prime Minister Morgan Tsvangirai (MT) is preparing for yet another duel with President Robert Mugabe in the 2018… Read more »

Copyright © 2017 The Herald. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 900 reports a day from more than 150 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.