Former Minister of Local Government, Public Works and National Housing, Savior Kasukuwere has challenged his arrest on charges of parceling out land to former first lady, Grace Mugabe’s sister Shuvai Gumbochuma saying there was nothing wrong in his actions.
Through his lawyer Thembinkosi Magwaliba, Kasukuwere told Harare Magistrate Hosea Mujaya that the charges of giving land to former first lady Grace Mugabe’s sister, Shuvai Junior Gumbochuma without following procedures does not contain any essential element of crime.
“The accused person did not do anything contrary to his duty as a public officer. There is nothing which is showing what the proper procedure is in the charge sheet or in the state outline. The state itself does not know what is the so called procedure nut it is the charging the accused person, so we pray that for an exception and whatever the state is going to do afterwards it is up to them,” said advocate Magwaliba while making an application before the court.
He added, “In the previous hearing, the state said that the document of that does not exist but yet they are saying the proper procedure is the centre of charges being faced by the accused person. If the charge sheet does not define what duties of a public officer are, how can we plead to them?”
He added that Kasukuwere had powers to do that since he was a minister.
Meanwhile, Zivanai Macharaga of the President Emerson Mnangagwa’s special prosecuting unit opposed to the application saying that it is Kasukuwere’s way of trying to escape trial.
“This is a wasting of time to the court and that it is a way of trying to avoid trial by the accused person.
“The accused is admitting that there is a land allocation procedure but it was not only written in papers, whic now makes it relevant and it will be central during trial,” said Macharaga while crushing the application and pleaded the court to trash the application and that trial should proceed and that Kasukuwere should plead to charges.
Magistrate Mujaya will make a ruling on Kasukuwere’s application tomorrow, 29 November.
