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Chief Justice Chidyausiku

Daniel Nemukuyu Senior Court Reporter
Chief Justice Godfrey Chidyausiku has blasted the National Prosecuting Authority for charging suspects who they do not prosecute in time, calling this unacceptable.
Chief Justice Chidyausiku made the remarks while hearing a constitutional matter in which businessman Mr Joel Sengeredo was seeking permanent stay of prosecution in a fraud case that was first brought to court five years ago.

Mr Serengedo was arraigned before the courts on fraud charges in 2009 and prosecution was declined the same year.
In 2011, the same case was resuscitated and he was summoned to court.

That prompted Mr Serengedo, through lawyer Mr Tafadzwa Mugabe, to file the constitutional application arguing that his right to a fair trial within a reasonable time had been violated as had been his right to the protection of the law.

Mr Innocent Muchina of the NPA opposed the application arguing that Serengedo failed to establish in court that he suffered any prejudice for the three-year delay.

This prompted the Chief Justice to intervene with his strong remarks.
“It is my view that the framers of the Constitution when they included trial within a reasonable time as a right, they sought to curb the problem of people being arrested, charged and nothing happens afterwards.

“I think it will be wrong for the prosecution to charge people, sit back and do nothing and then decide to prosecute them in their own time. The attitude that the State has shown in this case is totally unacceptable.

“The State now says the applicant should prove how he was prejudiced,” said Chief Justice Chidyausiku.
Sengeredo is accused of swindling two Harare businessmen of US$110 500 in a property transaction.

Sengeredo is alleged to have sold his semi-developed residential stand in Helensvale Township to Stanley Kasukuwere and Itayi Walter Chirume in October 2008.

Kasukuwere, the managing director of Bosstan Marketing, reportedly paid US$62 000 as an initial deposit for the stand, whose cost was pegged at US$115 000.

It is alleged that an agreement of sale was signed between Kasukuwere and Sengeredo.
The State alleges when Kasukuwere asked for the title deeds to the stand, Sengeredo refused to hand them over and allegedly became evasive. This allegedly prompted Kasukuwere to investigate.

It is alleged Kasukuwere discovered that the same property had been sold to Chirume, the director of MMC Capital in                                           Harare.

It is alleged in the same month that he sold the stand to Kasukuwere, Sengeredo advertised the same stand through Highrise Real Estate and Chirume was interested in buying it.

He met Sengeredo, who allegedly told him the stand was selling for US$90 000.
Chirume paid US$18 500 while his friend Taurai Munikwa, who is based in Uganda, paid another US$30 000 through Sengeredo’s offshore account, it is alleged.

Chirume later discovered through the Deeds Office that the same property was ceded by Sengeredo as collateral against a debt of US$50 000. The matter was reported to the police, leading to Sengeredo’s arrest.