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Innocent Ruwende Senior Reporter
A HARARE magistrate has dismissed an application by Caps Holdings chairman and FCA Motors owner Fredrick Charles Mutanda to have his matter referred to the Constitutional Court. Mutanda and his alleged accomplice Justin Majaka are facing charges of fraud involving more than US$26 million. They are being accused of illegally exporting Caps Pharmaceuticals intellectual property rights to Caps International Johannesburg.
Mutanda made the application after arguing his constitutional right to a fair trial within in a reasonable time had been infringed upon.

However, prosecutor Mr Michael Reza argued that the trial was delayed because Mutanda had made an application to the Supreme Court which was also dismissed.
Mr Noel Mupeiwa dismissed the application on the basis that it was frivolous and vexatious.

“This is not a constitutional matter but that accused is not happy about the ruling previously made on his application for exception.
“It is a judicial matter and the court cannot be said to be breaching anyone’s rights,” he said.

According to the State, sometime in August 2011, Mutanda instructed Majaka to apply to the Medicine Control Authority of Zimbabwe (MCAZ), for a change of principal for 50 drug formulae (dossiers) from Caps Rallies, Harare to Caps International, Johannesburg. It is alleged in October 2011, MCAZ registered the 50 dossiers with Caps International South Africa as the new principal and owners, the effect of which ownership of the drug formulae shifted from Zimbabwe to South Africa.

The exportation of the drug formulae which are classified under intellectual property rights or patents had no approval of the Exchange Control Authority, the Reserve Bank of Zimbabwe, it is alleged.