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Daniel Nemukuyu Senior Court Reporter
Chinhoyi magistrate Funny Nyakudya, who allegedly showed favour to a woman believed to be his lover in a maintenance case, has successfully applied to have his trial stopped pending determination of his constitutional challenge. Chief Justice Godfrey Chidyausiku granted the order sought after convincing arguments by Advocate Nelson Chamisa that there were genuine constitutional issues that deserve the attention of the highest court in the land.

The Chief Justice ordered suspension of a criminal trial at the Harare Magistrate’s Court pending determination of the constitutionality of the proceedings. In the magistrate’s court, Nyakudya applied for exception to the charge but magistrate Mr Elijah Makomo threw it away.

Nyakudya then approached the Constitutional Court with an urgent chamber application to stay the trial pending determination of his constitutional challenge. The matter will now be set down for hearing by the full bench of the Constitutional Court.

He was accused of being in a relationship with a woman who applied for maintenance against her estranged husband before ruling that the man pays $1 000 per month in an attempt to fix him. The court heard that Nyakudya and the woman, Moreblessing Chabvonga, are now staying together at No. 3717 Mzari Extension in Chinhoyi.

Nyakudya is facing two counts of criminal abuse of office as a public officer. The complainant in the criminal matter is Mr Michael Musamirapamwe, who was once married to Chabvonga. It is alleged that Musamirapamwe and Chabvonga’s marriage, which was blessed with two children aged nine and five years, ended in 2009.

In January 2013 Chabvonga applied for maintenance against Musamirapamwe. Nyakudya presided over the matter and ordered Musamirapamwe to pay $1 000 as maintenance.

In April 2013 Musamirapamwe lost an appeal at the High Court and filed for downward variation of the maintenance order of $1 000 per month. The downward variation matter was set for July 12 at Murombedzi Magistrates’ Court.

It is alleged that when Musamirapamwe arrived at the court for the downward variation hearing, he was informed that the matter could not be heard. Instead, he was told that he had contravened the Maintenance Act and should be prosecuted. Nyakudya tried the matter and found Musamirapamwe guilty.

He sentenced Musamirapamwe to six months in prison and suspended three months for five years on good behaviour.