MARTIN MAWAYA
GWERU – The Constitutional Court (ConCourt) referral hearing for senior opposition politician Patrick Cheza and three other activists has been deferred to October 11, this year.
The delay comes as their legal representatives are occupied at the Gweru High Court circuit cases.
Cheza is seeking to bar Magistrate Beaulity Dube from hearing his case, alleging bias.
The senior opposition figure is jointly charged with Magmaster Chidyawuye (21), Delight Zinyemba (22), and Courage Mugova (20).
He is accused of inciting Citizens Coalition for Change (CCC) members to assault Tourism Minister Barbra Rwodzi, after the political rivals’ cars were involved in an accident along the Charandura-Chaka gravel road.
Through his lawyers, Leopold Mudisi and Esau Mandipa, Cheza has requested that his case be referred to the ConCourt, after the presiding magistrate refused to recuse herself, citing a lack of merit in the application.
Cheza alleges that Magistrate Dube appears to be under political influence and is being given directives to deliver adverse rulings against him.
His defense team submitted that there is a perceived bias, and that their client will not receive a fair trial as the presiding magistrate is being personal in the matter.
In the interest of upholding judiciary independence, Cheza’s lawyers insist that Dube should recuse herself to allow a new magistrate to take over the matter.
Magistrate Dube is expected to hear the application and rule on whether or not the case will be referred to the ConCourt.
In her evidence in chief during the trial, Rwodzi testified that Cheza did not assault her and that she did not see any of the accused persons attacking her.
Taurai Mavuto and Monica Mungwena prosecuted.
