MAMOMBE’S APPLICATION HITS BRICK WALL
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.