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The initial proceedings of the trial of former chief magistrate Mishrod Guvamombe were a nullity as the High Court erred when it kicked off on Wednesday, Nhau can report.
Justice Felistus Chatukuta who was presiding over the trial set aside every process that took place from Wednesday citing that the proceedings violated sections of the High Court Act.
Former Harare Provincial magistrate Elisha Singano and Judicial Services Commission Deputy Secretary Sithembinkosi Msipa testified in relation to the second charge Guvamombe is facing.
He is accused of criminal abuse of office by showing favour in the placement of former Cabinet ministers Saviour Kasukuwewre and Supa Mandiwanzira in 2018 as attachees at Harare Magistrates court when they had pending cases before it.
“The court overlooked provisions of section 3 (b) of the High Court Act in dealing with a Constitutional matter which requires a judge to sit with two assessors during such proceedings.”
“This means that all the proceedings that took place the past two days are now being set aside. These are now a nullity and these proceedings are being abandoned until the court properly constitutes itself,” Chatukuta said.
This new twist saw Msipa testifying again as the assessors were now present during the proceedings.
JSC secretary Walter Chikwanha also testified addressing the issue concerning the appointment of Kasukuwere and Mandiwanzira on attachment at the court while they were appearing before it as accused persons.
He told the court that during the period in question, the commission had no prescribed method in admitting university students for attachment at its various department.
“There are no prescribed provisions on how these applications should be done Students came to the JSC in various ways seeking attachment. Universities can write letters requesting placements or students apply for attachment personally with letters of introduction from any university,” he said.
A circular concerning an outlining a procedure to be followed when recruiting trainees was then dispatched after the anomaly of Kasukuwere and Mandiwanzira’s appointments was discovered.
Chikwanha told the court that he did not see the list with Savior Kasukuwere and Supa Mandiwanzira seeking placement for attachment in 2018 as he was on leave. Nhau/Indaba
