The State has gone after former cabinet minister Saviour Kasukuwere’s Nyanga property which was surrendered to the court as surety, after filing an application for the forfeiture of the property believed to be worth over $250 000, on the basis that Kasukuwere has not been attending trial.
Kusukuwere tendered the property to the court as part of his bail conditions in the matter in which he is facing corruption charges.
The State led by Zivanai Macharaga made the move in a bid to force the former political giant to appear in court.
The State has been generous enough to give Kasukuwere a 90 day grace period to appear in court and give compelling reasons as to why he has been failing to appear in court since January.
The State failed to produce precedence and could not make points of law as an application of this nature is yet to be granted by any court.
“According to section 133 (a) of the Criminal procedure and evidence Act, the court can order the forfeiture on a property surrendered as surety,” said Macharaga.
“A fugitive cannot have audience in court and it is a fact that he failed to appear in court on January 17, the same day in which his High Court application was dismissed, a ruling which meant that his trial was supposed to commence. His defence counsel alleged that he was meeting with his doctor once every week making it clear that he is not being detained by his doctor and it cannot stop him from traveling back into the country to appear in court as there is nothing at this point that has been brought to court to show that he is immobilised.”
In defense, Tembinkosi Magwaliba and Charles Chinyama, Kasukuwere’s counsel said the State was using the wrong law as it should have proceeded in terms of Section 119 on the said Act as they used it in applying for a warrant of arrest.
The counsel went on to indicate that the section made reference to was a provision of magistrate’s instead.
Harare Magistrate Hosea Mujaya will make a determination tomorrow (Friday).
Kasukuwere is facing four charges of abuse of office emanating from the time he was Minister for Youth Development, Indigenisation and Empowerment and that of Local Government, Public Works and National Housing.