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Fidelis Munyoro Chief Court Reporter

Three top Zimbabwe National Road Administration (Zinara) executive directors, facing charges of criminal abuse of office by transferring four employees who were witnesses in a possible corruption case, had their bid to be removed from remand thrown out by the High Court, which found no prejudice for the continuation of the proceedings in magistrates courts.

However, the High Court ruling is a somewhat dead letter since the State last month withdrew the charges against the three after the batch of employees who had objected to their transfer said they no longer wished to pursue the matter. This means that the three were already off remand when the High Court made its ruling.

Zinara chief executive officer Nkosinathi Ncube, administration and human resources director Gilfern Moyo and finance director Adam Zvandasara, who were arrested last year, saw the prosecution withdrew the charges that were levelled against them last month.

The three had approached the High Court seeking a review of the lower court’s decision to place them on remand.

But the High Court found that the application had no merit.

Justice Benjamin Chikowero, sitting with Justice Pisirayi Kwenda, dismissed the application by the trio on the basis that there was nothing to suggest any permanent prejudice for the continuation of the proceedings in the magistrates courts.

In fact, the court noted that the three had already been released on bail by the remand court by the time they approached the higher court to seek review of the decision to place them on remand.

It was also the court’s finding that the three were simply placed on remand and their trial had not started saying chances were that they could be acquitted or have the charges against them withdrawn.

The three allegedly deliberately transferred some employees who were witnesses in a case that was under investigation by the Zimbabwe Anti-Corruption Commission.

But last month, the prosecution withdrew the charges against the three before Harare magistrate Mr Stanford Mambanje after the complainants said they were no longer interested in pursuing the matter.

When they appeared before the courts last year, the Zinara directors claimed they were being victimised for implementing board resolutions and policies that resulted in some employees being transferred from the head office.

They challenged their placement on remand, saying their actions were above board and in line with labour laws.

Further, they produced board resolutions and recommendations from a human resources consultant, recommending a new structure that saw over 20 employees being transferred or reassigned.

Through their lawyer, Mr Oscar Gasva, the Zinara bosses argued that it was surprising that of the transferred workers, only four who worked in the cash office, raised allegations of victimisation when the exercise was sanctioned by the board.