Prosper Dembedza Herald Correspondent
The Apex court bench has removed from its roll the case of George Katsimberis on the grounds that it was not proper before the court.
The builder had approached the Constitutional Court seeking permanent stay of proceedings of his cases at the magistrates’ court.
Katsimberis was alleging that he is appearing in two separate courts as an accused and witness at the Harare Magistrates Court.
In his application, he cited Justice Minister Ziyambi Ziyambi and four Magistrates, Ms Letwin Rwodzi, Ms Barbra Mateko, Mr Noel Mupeiwa, Mr Stanford Mambanje and Prosecutor-General Mr Nelson Mutsonziwa.
The ConCourt noted that the application was not proper before and after it was filed on the 16th day, as the rule allows it to be filed within 15 days.
The applicants also had not sought for condonation.
Katsimberis, who was appearing in court as a state witness in the case of Pokugara Properties’ ex-director Michael Van Blerk, while being charged with perjury in another case.
Katsimberis had reported Van Blerk and Pokugara Properties after a showroom he built without an approved building plan was demolished on the instruction of City of Harare.
Katsimberis is no longer a witness in the case of perjury against Van Blerk who was acquitted by the court on that charge.
He argued that the cases are based on the same facts and having them running concurrently is a violation of his constitutional rights.
He approached the ConCourt after High Court Judge Justice Siyabonga Paul Musithu had dismissed his application for permanent stay of prosecution.
Pokugara Properties had reported Katsimberis first to the police and after realising that he had been reported, he made counter allegations against Van Blerk.
Justice Musithu ruled that Katsimberis was not supposed to seek a permanent stay of prosecution if his complaint was about the perceived prejudices emanating from his parallel prosecution.
The judge said there was nothing wrong with the parallel prosecutions because they were done by different organs, namely the Special Anti-Corruption Unit (Sacu) and the National Prosecuting Authority (NPA).