Fungai Lupande Senior Court Reporter
PROSECUTOR-General Mr Kumbirai Hodzi is contesting a High Court decision reversing the confiscation of former Cabinet minister Saviour Kasukuwere’s Nyanga mansion.
Kasukuwere, who was on remand on four counts of criminal abuse of office, was temporarily given back his passport by the court to enable him to travel to South Africa for treatment, but did not come back.
Early this year, the court issued the politician with a warrant of arrest and ordered the confiscation of the Nyanga property, whose title deeds were held as bail surety.
Kasukuwere, through his lawyers, recently successfully appealed the confiscation of the property before High Court judge Justice David Mangota.
Yesterday, head of appeals section at the National Prosecuting Authority (NPA), chief law officer Mr Justine Uladi said the PG was appealing Justice Mangota’s judgment.
He said Kasukuwere, being a fugitive from justice, had no right of audience in court.
“He cannot seek justice from the court which he is running away from,” said Mr Uladi. Kasukuwere, who is facing criminal abuse of office charges, was issued with an arrest warrant in January by regional magistrate Mr Hoseah Mujaya after he failed to appear in court for trial.
He had been given back his passport to enable him to travel to South Africa for medical attention after producing documents from his doctor confirming the medical check-up.
Kasukuwere was supposed to return the passport on January 17, and his failure to do so prompted the State to apply for an arrest warrant.
Representing the prosecution, Mr Zivanai Macharaga successfully applied to have the former minister’s Nyanga mansion forfeited to the State. He made an undertaking that in the event the order sought was granted, the State would give Kasukuwere 90 days to appear in court before disposing of the property. Mr Macharaga told the court that if Kasukuwere was able to visit the hospital on a weekly basis, he was also able to visit the court on the days he was not seeing his doctor.