Magistrate recuses self from mayor case
Harare regional magistrate Ngoni Nduna yesterday recused himself from hearing an application for bail revocation for Harare Mayor Jacob Mafume.
Mafume appeared in court yesterday represented by Tendai Biti instructed by Tonderai Bhatasara.
On behalf of the State, Lancelot Mutsokoti and Sheila Mupindu made an application to have Mafume’s bail revoked because he reportedly violated his bail conditions and interfered with a star state witness in his criminal abuse of office charge, an application done in terms of Section 126 of the constitution.
Mafume is accused of interfering with a key witness in his criminal abuse of office case offering to bribe him with US$1500.
“The State intends to make an application in terms of Section 126 of the Criminal Procedure and Evidence Act and we submit that it is necessary and in the interests of justice that there be a revocation of bail because accused person wilfully violated his bail conditions he was ordered by the court in granting bail, not to interfere with state witness which he did,” said Mutsokoti.
Before responding to the application, Biti made an application to have Nduna recuse himself from the matter because he had already made a determination with similar circumstances when he denied Mafume bail.
Nduna granted the application and ruled that it must be taken to another judicial officer so that counsels can place arguments on a fresh mind.
“This court cannot determine the application he has heard and made a determination on with the same facts, applications of this nature are determined on a balance of probabilities so the state must place the application before a different judicial officer,” he said.