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By Nokutenda Chiyangwa
Harare magistrate Mr Hosea Mujaya yesterday dismissed former Cabinet minister Saviour Kasukuwere’s application for exception of charges, saying that he has a case to answer as the issues that were raised in his application were triable.
Mr Majaya said Kasukuwere chaired the meeting in which he allegedly showed favour to Brainworks (Private) Limited in awarding it a tender.
Kasukuwere’s counsel led by Mr Charles Chinyama, who was instructing Mr Thembinkosi Magwaliba, filed an application for exception last week in terms of Section 170 (1) as read with Section 171 (1) of the Criminal Procedure and Evidence Act which states that one can apply for exception if the charges are not displaying an offence before the court.
Mr Mujaya said Kasukuwere should not be given a chance to stall the trial as justice needed to prevail.
He said there was evidence of a flawed tender procedure.
“I can’t stop parties from making an application, but the fact is that justice delayed is justice denied,” he said.
“This is not a tribunal court, but an anti-corruption court.
“Give the State a chance to prove its case.
“The accused (Kasukuwere) is the one who chaired the meeting that passed the tender, even though he was not the accountant as argued by his counsel. I, therefore, dismiss the application.”
Kasukuwere is facing four charges of abuse of office emanating from his time as Minister of Youth Development, Indigenisation and Empowerment, and of Local Government, Public Works and National Housing.