Frederick Mutanda

In November 2016, the High Court reserved judgment. Justice George Chiweshe said he wanted to go through submissions made by the parties. ^[2]

Luke Malaba Tenure Extension Challenge

On May 11 2021, Mutanda joined the Young Lawyers Association of Zimbabwe in suing the Judicial Service Commission, Luke Malaba and the Attorney General after President Emmerson Mnangagwa extended the Chief Justice’s term by five years.

On 15 May 2021, the High Court ruled that a term limit extension cannot benefit an incumbent, and Malaba had therefore ceased to be Chief Justice and a judge when he reached the age of 70 on the same day.^[3]

Farm Invasion

Mutanda's farm was invaded as punishment for his court application challenging the purported extension of Luke Malaba’s term as Chief Justice past the retirement age of 70. The youths claimed that Mutanda is anti-government.^[3]

Scandal

CAPS Holdings Fraud

Mutanda and his alleged accomplice Justin Majaka faced charges of fraud involving more than US$26 million. They were being accused of illegally exporting Caps Pharmaceuticals intellectual property rights to Caps International Johannesburg. According to the State, sometime in August 2011, Mutanda instructed Majaka to apply to the Medicine Control Authority of Zimbabwe (MCAZ), for a change of principal for 50 drug formulae (dossiers) from Caps Rallies, Harare to Caps International, Johannesburg. It is alleged in October 2011, MCAZ registered the 50 dossiers with Caps International South Africa as the new principal and owners, the effect of which ownership of the drug formulae shifted from Zimbabwe to South Africa.

The exportation of the drug formulae which are classified under intellectual property rights or patents had no approval of the Exchange Control Authority, the Reserve Bank of Zimbabwe, it is alleged.

In 2003 Mutanda made a Constitutional Court application after arguing his constitutional right to a fair trial within in a reasonable time had been infringed upon. However, prosecutor Mr Michael Reza argued that the trial was delayed because Mutanda had made an application to the Supreme Court which was also dismissed. Magistrate Noel Mupeiwa dismissed the application on the basis that it was frivolous and vexatious.^[4]

Evicting MDC Supporters From Farm

In July 2013, Mutanda evicted five families from their homes at his Winray Estates farm, out into the open space, because they are supporters of the MDC-T which at the time was led by the late Morgan Tsvangirai.

One of those evicted were Sebastian Mawara who at the time was an MDC-T aspiring councillor for Zvimba North in Ward 14.

In February 2011, Mutanda appeared in court for resisting a government order to vacate the very same farm. The farm had been allocated to Andrew Maringa, a former senior official in the President’s Office.^[5]

References