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Fidelis Munyoro Chief Court Reporter
Jailed former Air Zimbabwe Holdings chief executive Peter Chikumba will know of his fate today when the High Court is expected to deliver judgment on his fresh application for bail pending appeal. Justice Joseph Martin Mafusire yesterday heard arguments on the merits following his ruling last Friday, which gave Chikumba the green light to bring a fresh application on the basis of changed circumstances.

He reserved judgment to today for him to check a few issues before making a decision.

“I have already ruled that there were changed circumstances and that the applicant (Chikumba) would legitimately bring the new bail application on that basis and today arguments on the merits have been presented,” said Justice Mafusire.

“I need to check a few points before I deliver a judgment.”

Chikumba argues that the charge he was convicted of in the Magistrates’ Court can only apply to public officers and his appeal is based on the fact that Air Zimbabwe staff are not public officers.

Yesterday Chikumba’s lawyer Advocate Thabani Mpofu, argued that his client was entitled to bail pending appeal because he was wrongly charged and convicted as a public officer.

He said in view of the judgments of the High Court as confirmed by the Supreme Court, Air Zimbabwe was a company registered in terms of the Companies Act and there is no connection with any other statutory provisions.

“Applicant was clearly not paid by the state. He was paid by his employer,” he said.

Adv Mpofu said the charge which led to Chikumba’s conviction was void. He dismissed the prosecution’s position that Chikumba worked for the State since the entity was under the control of Government.

“There can be no doubt in terms of the law that the applicant was never employed by the State and never acted on behalf of the state,” he argued.

“That is put beyond any doubt by the law as it stands. We have an argument showing that those proceedings are void and on that basis the applicant is entitled to his liberty.”

Prosecutor Mr Innocent Muchini, referred to several provisions in the Constitution, which he claimed supported the State’s argument that they could be some statutory bodies, which though private are still Government institutions.

“The constitution provides a distinction between statutory bodies and some government controlled entities,” said Mr Muchini.

“The law as provided for in the supreme law actually recognise that there are instances where Government can have interest in some entities which may be private or public.”

He said although Air Zimbabwe Holdings is a private company, it is still a Government controlled entity.

“It goes without saying that a person who works for government controlled entity is a public officer,” said Mr Muchini.

Chikumba was convicted and jailed seven years effective for criminal abuse of duty under the Criminal Law (Codification and Reform) Act.

A charge of criminal abuse of duty is only applicable to public officers as defined in the country’s statutes.

Chikumba believes that his prospects of success on appeal are high and seeks to be freed on bail since it is clear that the Criminal Law (Codification and Reform) Act, excluded Air Zimbabwe Holdings (Private) Limited workers from the list of public officers.