Judge recuses self in Madondo’s bail appeal
Chief Court Reporter
Judicial manager Cecil Madondo will have to wait a little longer before his appeal for bail pending trial is decided after a High Court judge, sitting in the bail court this week, recused himself from hearing the case.
Madondo had been one of his clients when he was in private practice before his appointment to the bench.
Madondo is facing charges of selling the same exclusive mining rights three times between October and December last year, causing one company to lose US$260 000.
His bail hearing was scheduled for yesterday, before Justice Webster Chinamora.
However, the judge recused himself on the grounds that it was undesirable for him on ethical considerations to hear the application for bail of his former client.
Justice Chinamora represented Madondo while he was still in practice as an advocate.
Madondo had been appointed by the High Court as corporate rescue practitioner of Redwing Mine in Penhalonga, Mutare, when he allegedly sold the mining rights three times.
On October 15 last year, it is alleged Madondo told Patricia Mutombgwera and Grant Chitate that he had given their company Probadeck Investments Pvt Ltd exclusive mining rights on the claims held by Redwing Mining Company (Pvt) Ltd covering 132 gold mining blocks, eight copper mining blocks and any other mining claims belonging to Redwing Mine.
On October 30 last year, it is alleged, Mutombgwera and Chitate, acting upon that information, signed a joint venture relationship agreement with the mining company represented by Madondo believing that their company had secured exclusive mining rights. Both parties went on to register a tribute agreement with the registrar of deeds to make their joint venture agreement operational.
Probabadek Investments allegedly paid US$60 000 corporate rescue fees into Madondo’s personal company, Tudor House Consultants, and made a capital expenditure amounting to US$200 000.
It is alleged that sometime in November 2020, Madondo prepared another memorandum of tribute agreement with Prime Royal (Pvt) Ltd giving them the same mining blocks which he had ceded to Probadek.
On December 1, Madondo, the court heard, entered into another memorandum of tribute agreement with Betterbrands Mining (Pvt) Ltd giving them the same mining blocks.