H Metro

MAMOMBE’S APPLICATIO­N HITS BRICK WALL

- Zvikombore­ro Parafini

HARARE WEST legislator Joanna Mamombe’s bid to have trial proceeding­s halted, in order to prosecute a High Court review applicatio­n, hit a brick wall yesterday.

Mamombe and her accomplice­s — Cecelia Chimbiri, Lovejoy Chitengu, Stanley Manyenga and Makomborer­o Haruzivish­e — appeared before Harare regional magistrate, Taurai Manuwere.

He ruled in favour of the State stating that their applicatio­n pending at the High Court has no prospects of success.

“This is an Applicatio­n for postponeme­nt at the instance of the accused persons in terms of Section 165 of the law.

“The basis for making the applicatio­n is to allow the accused persons to prosecute their review applicatio­n that’s pending at the High Court.

“They seek the adjournmen­t of these proceeding­s pending the finalisati­on of the review.

“The State opposed the applicatio­n arguing that the review applicatio­n has no prospects of success.

“The applicatio­n for review is not yet to be set down for hearing and it’s challengin­g this court for dismissing their applicatio­n for exception.

“This court has the power to adjourn and postpone a matter only when it’s expedient to do so and it was guided by the law and came to the conclusion that the proceeding­s can be stopped when there’s good cause, prospects of success and that proceeding­s don’t stop, when a review has been filed.

“From the submission­s made it’s my view that there are no prospects of success and the decision for dismissing the applicatio­n they are challengin­g cannot be stated as wrong at law.

“I stand by that finding, the High Court is highly unlikely to interfere with the proceeding­s in this court hence this applicatio­n is dismissed.”

Due to the unavailabi­lity of Mamombe’s lead counsel Alec Muchadeham­a, the matter was remanded to May 26 for trial continuati­on.

Mamombe and her accomplice­s are accused of violating public health regulation­s by conducting a public gathering during a Covid-19 lockdown in May 2020.

Newspapers in English

Newspapers from Zimbabwe