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We have stopped prosecution of Smelly Dube - Gweru magistrate's court

by Simbarashe Sithole
15 Jun 2021 at 22:44hrs | Views
Gweru Magistrate Christopher Maturure has accented to the High Court ruling granting Smelly Dube a stay of prosecution in a case in which the businesswoman is facing corruption involving $9 million.

This was after her lawyer, Isau Mandipa formerly served Maturure with the High Court order after  Dube reported for her initial remand at the Gweru Magistrate courts.

"In accordance with the High Court Order, we agree with the permanent stay for prosecution pending review," Maturure said in a brief court seating which took only about 20 minutes.

Bulawayo High Court Judge Justice Nokuthula Moyo on June 2 ordered the stay of proceedings in the case in which the River Valley Properties chief executive officer faces fraud charges emanating from alleged illegal land sales.

Dube (51) also faces an alternative charge of conspiracy to criminal abuse of duty by a public officer and is out of custody on $100 000 bail.

She filed an application for review of proceedings at the High Court under case number 119/21.

In a ruling dated June 2, Justice Moyo said "pending the determination of the applicant's review application filed under cover HC118/21 the proceedings at Gweru magistrate's court, i.e CRB GWP 343/21 be stayed. At the resolution of the review, application filed by applicant under case no HC118/21 this order lapses."

Dube had filed the application through her lawyer, Esau Mandipa of Mutatu and Mandipa Legal Practitioners.

She cited regional magistrate Taurai Manwere and the National Prosecuting Authority (NPA).

Dube submitted in her application that the court proceedings were full of gross irregularities.

She said the respondents relied on illegalities as a basis for her trial.

Dube said it is imperative that pending the determination of her application for review the proceedings be urgently stayed.

She said the fact that she was unlawfully arrested and charged, her appearance before Manwere's court was unlawful as police could not manage to take her to the police station to formally charges to be laid against her.

"The applicant's matter was placed before the first respondent (Manwere) without her having been formally charged and afforded an opportunity to respond to the charge. This was so because the applicant's physical, mental and medical wellbeing did not permit that Dube be uplifted to the police station to meaningfully attend to the charges, and was in no state to understand or participate in the process thereof," she submitted.

Dube  was alleged to have connived with former Midlands Governor, Jason Machaya, who was jailed over land deals last September, Matilda Manhambo, a former housing officer in the Ministry of Local Government and Public Works and Shepherd Marweyi, the former District Administrator, to be allocated 2 169 stands where beneficiaries were prejudiced of more than US$9,4 million.

It is alleged that the allocated land was developed without engineering designs.

Indications are that in September last year Machaya and provincial planning officer Chaisayanyerwa Chibururu were each sentenced to four years' in jail for unlawfully allocating 17 799 stands to land developers in Gokwe town, who in turn gave them 1 000 stands worth US$900 000 which was computed as $900 000 in local currency.


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Source - Byo24News

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