False start to Supa Mandiwanzira trial
THE trial of Nyanga South National Assembly member and former Information, Communication Technology and Cyber Security minister Supa Mandiwanzira failed to kick off yesterday after he successfully made an application for trial postponement citing that he had only received State papers an hour before trial.
Mandiwanzira, through his lawyer Advocate Brian Hungwe, made the application accusing the State of inefficiency after failing to provide relevant papers on numerous occasions.
He said the State had more than a month to prepare for trial, but they did not give him equal opportunity.
“The defence objects to the trial starting because the accused was arrested on November 7 with the assumption arising from the arrest being that the police would have completed investigations and upon his appearance on the day, the court was advised that trial will commence on December 10.
“Those State papers were never availed to the defence until the accused person appeared for the second routine hearing.
“On that day, the defence was advised that the State papers would be ready within a week, but the papers were never availed until an hour before trial was meant to begin. The State has been inefficient and why should the State’s inefficiency prejudice the accused person,” he said.
Prosecuting, Mr Michael Chakandida agreed to the postponement of trial but however said the date that the defence counsel was proposing was too far.
“I will concede that the defence counsel was furnished with State papers this morning because of circumstances that were beyond my control as the trial prosecutor.
“It is worth noting from the record that the accused (Mandiwanzira) was brought to court on November 7 on a request for remand form 242 which was also furnished to the accused’s counsel on the same date indicating that investigations were to be completed on November 20, this trial was set for December 10.
“On the date I am opposed and propose that it commences on December 18,” he said.
Magistrate Francis Mapfumo, who frowned upon the State’s inefficiency, ruled that Mandiwanzira‘s trial could not commence yesterday but should instead commence on December 18.
“There is no way trial can commence today. Section 70(1) of the constitution gives the accused the right to receive ample time.
“However, that other day cannot be next year as justice cannot be delayed. Trial is therefore to proceed on December 18,” he said.
Mandiwanzira is accused of criminal abuse of office after he allegedly engaged South African firm, Megawatt Company to provide services to NetOne without going to tender.
He is also accused of appointing his personal assistant, Tawanda Chinembiri to the Postal Telecommunications and Telecommunications Regulatory Authority of Zimbabwe (Potraz) board.