Zimpapers Logo

Prosper Dembedza Herald Correspondent

Harare provincial magistrate Mrs Vongai Muchuchuti is on Friday expected to deliver the ruling on Tendai Biti’s third application for her recusal.

Biti who is facing charges of manhandling a Zimbabwean investor at the Magistrates Court has been fighting to have the magistrate and deputy prosecutor General Mr Michael Reza recused from the matter from the day the trial commenced but all his applications were dismissed.

During the previous sitting, whilst examining Biti on his third application for recusal, Mr Reza told the court that Biti’s application for recusal of the magistrate was not procedural, and lacks merit. In prior sittings, Mr Reza had earlier claimed that at this rate, the case may never be heard in our lifetime.

On Biti’s application for the recusal of Magistrate Muchuchuti, Mr Reza asked him why he abandoned his application for referral of the matter to the Constitutional Court after the court ruled that his matter be heard on a daily basis to ensure progress.

Biti responded saying the ruling by the court affected his Constitutional rights.

He said he did not want anyone to take away the rights he was given by the constitution.

Mr Reza also said if he was having problems with the court’s ruling he should have appealed to the superior courts rather than applying for the magistrate’s recusal.

Biti said he wanted Mrs Muchuchuti to recuse herself.

In her ruling to hear the matter on a daily basis Mrs Muchuchuti highlighted that Biti’s application for referral of the matter to the Apex Court started on May 27, and up to date, the application is yet to conclude.

She said she needed to dispose of this matter within a reasonable timeframe, hence the interventions.

She further reiterated that the accused should be reminded that he is the accused in this matter and should give it priority over other matters.

“With the rate we are managing this case it means the accused will need another two months to finish his application,” she said.

Magistrate Muchuchuti is expected to deliver her ruling this Friday.