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The National Prosecuting Authority (NPA) says it will appeal the decision of the High Court to acquit Citizens Coalition for Change (CCC) activists Joanna Mamombe and Cecilia Chimbiri who were being accused of falsely accusing the state of abducting and torturing them back in 2020.
Mamombe and Chimbiri, who were initially charged with fellow party activist Netsai Marova who skipped the country over alleged persecution, were accused of faking their abduction to soil the government’s image.
They were accused of publishing falsehoods.
In a statement released on Wednesday, 05 July, the NPA said it will appeal Harare High Court judge, Priscilla Munangati Manongwa’s decision to acquit the duo.
The NPA said the judge erred in reaching the not guilty verdict. Reads the statement:
<blockquote>
The State will be appealing the decision of the High Court in the case of Joana Mamombe and Cecelia Revai Chimbiri versus the Chief Magistrate F Mushure NO and the State The State is of the considered view that the judgment is defective for want of compliance with the High Court Act (Chap 7:06) as well as precedent which provides that another Judge must concur with the presiding Judge before the judgment is handed down.
The State is also contending that the Judge grossly misdirected herself by interfering with the unterminated proceedings from the lower court as the termination of proceedings in this case was unjustified.
Furthermore, the State is certain that another court presented with the same facts might come to a different conclusion.
</blockquote>
In her ruling, Justice Manongwa said the state case was full of “malice and falsehoods” in its pursuit of the case.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

NPA Says Will Appeal Mamombe, Chimbiri Acquittal

Former Deputy Minister of Justice, advocate Obert Gutu has dismissed as lies social media reports which suggest that he is set to be appointed the High Court Prosecutor.
Posting on Twitter, the former Vice President in the MDC led by Dr Thokozani Khupe said :
<blockquote>There is nothing like that…social media lies a lot and people are fond of lying. After all, there is no such post in our constitution. All prosecutors are headed by the National Prosecuting Authority.</blockquote>
His remarks came after <a href="https://twitter.com/Klawry3/status/1219746496385433600">KurundaiLawry</a> had posted on Twitter saying:
<blockquote>Ladies and Gentlemen your Brand New High court of Zimbabwe Prosecutor Adv O Chaurura Gutu. Congrats Madyira! Arsonists and Jecharists be warned!
<img alt="" class="media-img" decoding="async" src="https://pbs.twimg.com/media/EO1o9q3U4AAFlQD?format=jpg&amp;name=small"/></blockquote>
The rumours were also dismissed by Justice Minister, Ziyambi Ziyambi who told New Zimbabwe on Wednesday that he was hearing the reports from the publication.
Gutu ditched Khupe’s party only recently with some alleging that the ruling ZANU PF which had a record of his “dirty” past was arm twisting him into doing what they wanted.
More: <a href="https://www.newzimbabwe.com/lies-says-gutu-as-he-rubbishes-social-media-links-to-mysterious-high-court-job/">New Zimbabwe</a>

Obert Gutu Responds To Reports Suggesting He's Set To Be Appointed High Court Prosecutor

The National Prosecuting Authority (NPA) is now increasingly being manned by soldiers, some of whom are not qualified.
Last week the newly-appointed Prosecutor-general refused to prosecute a group of 10 security agents made up from the Military Intelligence, Central Intelligence Organisation (CIO) and the police’s internal security. The group is accused of robbing a Mbare tavern owner during ShutDownZim.
A source from within the NPA who spoke to The Standard said:
<blockquote>Senior prosecutors are now taking orders from the guys from the military. In fact, the trained lawyers are now concentrating on set down of cases and vetting them only. The real work at the courts is now being done by soldiers who do not know the law.
Most prosecutors handling cases involving public violence at Harare magistrates courts are soldiers. All matters that are sensitive are held by this team hence the matter could not proceed.</blockquote>
Ministry of Justice permanent secretary Virginia Mabhiza said that they are in the process of removing soldiers from the NPA. She said:
<blockquote>The matter is still pending at the Constitutional Court but as the government, we would want the NPA to be manned by civilians. We would want the NPA to be demilitarised and I understand the NPA has started doing that.</blockquote>
<h4>Related:</h4>
<ul>
<li class="entry-title">
<h4><a href="https://news.pindula.co.zw/2019/02/13/npa-refuse-to-prosecute-cio-zrp-military-intelligence-armed-robbers/">NPA Refuse To Prosecute CIO, ZRP, Military Intelligence “Armed Robbers”</a></h4>
</li>
</ul>
<h4>More: <a href="https://www.thestandard.co.zw/2019/02/17/uproar-soldiers-flood-npa/">The Standard.</a></h4>

Soldiers 'Flood' National Prosecuting Authority

Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziymbi has denied that the Special Anti-Corruption Unit which was set up by President Emmerson Mnangagwa is usurping the powers of the National Prosecution Authority. Ziyambi said the unit was made up of volunteers who were not being paid for their service by the government. Said Ziyambi,
<blockquote>We have one National Prosecuting Authority (NPA) and we have within the office of the President a Special Anti-Corruption Unit that was set up, manned by experienced former prosecutors…This unit does not have prosecutorial powers. It was a way of strengthening the NPA’s capacity to prosecute. There are clear roles that are there without usurping the powers of the NPA by the unit…these prosecutors are volunteering. They are not being paid, but they have said they are patriotic Zimbabweans who want to help their country in the fight against corruption.</blockquote>
More: <a href="https://www.newsday.co.zw/2018/08/state-not-paying-for-ed-anti-graft-unit/" rel="noopener" target="_blank">NewsDay</a>

Mnangagwa's Special Anti-Corruption Unit Is Not Paid By The Gvt, They Are Volunteers - Minister Ziyambi