Suspended Zimbabwe chief magistrate Mishrod Guvamombe’s bid to be sent to High court for trial hit a brick wall today after Hwange regional magistrate, Collet Ncube trashed his application to recuse magistrates of Zimbabwe, serving or retired to preside over his case.
Regional magistrate Ncube said that his suspended superior’s application lacks merit, improper and went on to set 17 April as the date for trial to kick off.
“Application for recuse must have merits and basis and also it must be considered if the grounds advances on behalf of the applicant,” said Magistrate Ncube.
He also ruled that it is not the court’s purview to decide over other magistrate, whom Guvamombe had said that he wanted them to be recused together with Ncube, the sitting magistrate.
“To grant this application is improper or flaw of the law,” said Mr Ncube in passing his ruling.
The embattled chief magistrate said the prosecution is not fair since the state witnesses, regional magistrate Hosea Mujaya and Elijah Makomo are also his juniors, who in his application can not testify against their superior.
State Represented by Zivanai Macharaga had opposed the application saying that the magistrates will not take personal interests in this matter because they are not the complainants but the state is.
The suspended chief magistrate is being accused of criminal abuse of office after he allegedly offered internship to former Zanu PF Ministers, Supa Mandiwanzira and Saviour Kasukuwere, who are both studying law at the University of Zimbabwe and are also being tried for different offences within the same courts.
