High Court Blasts Ginimbi Magistrate: Says She Was Biased And Unfair
Harare High Court judge Justice Tawanda Chitapi yesterday blasted Harare Magistrate Bianca Makwande for the way that she had handled socialite Genius Kadungure’s bail hearing.
Kadungure who is popularly known as Ginimbi spent 5 nights in police custody and at the Harare Remand Prison after he was arrested on allegations of fraud, money laundering and tax evasion of $3.8 million.
He was denied bail when he appeared in court on Friday despite the fact that state prosecutors had actually consented to the defence’s application for $1000 bail. Makwande initially demanded title deeds but went on to deny the bail application arguing that granting Ginimbi bail would not be in the interest of justice as he is facing a number of serious cases of fraud. She also argued that he is a flight risk as he has an established base in South Africa.
This decision did not go down well with Ginimbi’s lawyer, Jonathan Samukange who immediately appealed the decision at the High Court. After going through the appeal, Justice Chitapi agreed with Samukange and granted Kadungure $1000 bail. Justice Chitapi also ordered Ginimbi to surrender the title deeds of his Borrowdale house as part of the bail conditions. In passing his ruling, Justice Chitapi blasted Makwande for being biased and for prejudging the matter. Said Justice Chitapi,
The bail ruling by Makwande does not make any reference to the deeds even though they were availed is one of the gross irregularities, which rendered the proceedings unfair. The magistrate prejudged the matter and misdirected herself in her approach to bail as she should have invited submissions from both counsels. Courts should be impartial, its wrong for judicial officers to refer to matters that are not before them as she referred to the other fraud matter the accused is facing. She based her decision on her perceptions.
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| High Court Blasts Ginimbi Magistrate: Says She Was Biased And Unfair |
This decision did not go down well with Ginimbi’s lawyer, Jonathan Samukange who immediately appealed the decision at the High Court. After going through the appeal, Justice Chitapi agreed with Samukange and granted Kadungure $1000 bail. Justice Chitapi also ordered Ginimbi to surrender the title deeds of his Borrowdale house as part of the bail conditions. In passing his ruling, Justice Chitapi blasted Makwande for being biased and for prejudging the matter. Said Justice Chitapi,
The bail ruling by Makwande does not make any reference to the deeds even though they were availed is one of the gross irregularities, which rendered the proceedings unfair. The magistrate prejudged the matter and misdirected herself in her approach to bail as she should have invited submissions from both counsels. Courts should be impartial, its wrong for judicial officers to refer to matters that are not before them as she referred to the other fraud matter the accused is facing. She based her decision on her perceptions.
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