The State’s application to counter the mandamus application made by former Home Affairs minister Ignatius Chombo, who wants his passport released after it was confiscated by state agents has been dismissed.
A mandamus application is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing.
Chombo was seeking this application after his passport had been released to enable him to seek medical attention only for it to be confiscated at the Robert Gabriel Mugabe international airport by State agents.
Harare magistrate Lazini Ncube dismissed the application by Chombo indicating that he should have went to the Higher Court with his application or proceeded with an application for contempt of court on the parties involved in the confiscation process.
His application was for the court to order the clerk of court to release his passport.
“The accused’s passport was released through the right formalities. It was the court’s decision to give the accused his passport and some security agent seized it, which is illegal and a contempt of court,” said Magistrate Ncube.
In dismissing that application he however said, ” The high court granted the bail application to the accused person and this court has no power to give an order to have the passport released.”
The State’s counter application was also dismissed.
Few days ago, prosecutors downed tools over fears that the office of Prosecutor-General (PG) Kumbirai Hodzi had been captured by the State security services and political functionaries putting their lives at risk following Kasema’s arrest.
In a petition addressed to Hodzi, the Prosecutors Association of Zimbabwe (PAZ) accused the Special Anti-Corruption Unit (SACU) of abuse of office, saying they were being given instructions by that unit.