H Metro

Magistrate recuses self from mayor case

- Zvikombore­ro Parafini

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.

 ??  ?? Mayor Jacob Mafume
Mayor Jacob Mafume

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