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High Court judge Justice Esther Muremba recused herself from the case of Neville Mutsvangwa after she was summoned to State House to explain delays in the case, <a href="https://www.zimlive.com/judge-quits-neville-mutsvangwa-case-after-being-summoned-to-state-house/">ZimLive</a> reported.
Neville is the son of ZANU PF spokesperson Christopher Mutsvangwa and his wife Monica, who is the Women’s Affairs, Community, Small and Medium Enterprises Development Minister.
Justice Muremba last week postponed the ruling on Mutsvangwa’s bail application to Monday, 27 May, because she had not received a full record of proceedings from the Magistrates Court.
Instead of delivering the ruling this Monday, Muremba said she was standing down from the matter “for personal reasons”.
The matter will now be allocated to a different judge.
According to ZimLive, Muremba informed the Judicial Service Commission (JSC) that she felt “intimidated” after being summoned to the State House on Wednesday last week.
Muremba was hauled before President Emmerson Mnangagwa, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, and Neville’s mother, Monica.
The publication reported JSC sources as saying Mutsvangwa used the meeting to complain bitterly that the judge was mishandling the case.
Mnangagwa reportedly asked the judge to explain the status of the case. The judge allegedly said she had never been summoned to such a forum and she was uneasy. Said the source:
<blockquote>
She still explained that the delay in delivering her ruling on the bail application was a result of receiving the record from the magistrates court late.
Mnangagwa listened to her explanation and concluded that her actions were above board.
He also said as a lawyer he respected the independence of the judiciary and the judge was excused.
</blockquote>
The revelation that a judge was summoned by the president to discuss an ongoing case raises concerns in legal circles, as it seems to validate the notion that the judiciary is not independent of interference by ZANU PF elites.
Veteran lawyer David Coltart noted that it is highly uncommon for a judge to recuse themselves after hearing a case. He posted on X:
<blockquote>
I am shocked by this. If the judge had personal reasons why she could not deal with the matter that should have been disclosed at the hearing itself and she should have recused herself then.
An accused person, who has been denied bail to date, now has to spend further time in custody whilst a new judge is allocated to the case.
If new reasons why the judge cannot deal with the matter have arisen since she first heard the matter, then those need to be disclosed to the accused’s counsel. Anything else is the antithesis of justice.
</blockquote>
Neville (44) and his co-accused Elias Majachani and Simbarashe Tichingana are facing three criminal charges of illegal foreign currency dealings following their arrest on 08 May 2024.
He faces a separate charge of contravening the Postal and Telecommunications Act in that he was allegedly found in possession of an unlicensed Starlink router.
Mutsvangwa and his co-accused were denied bail by Harare magistrate Dennis Mangosi and appealed against the ruling at the High Court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

High Court Judge Quits Neville Mutsvangwa Case After Being Summoned To State House | Report

High Court judge Justice Esther Muremba has recused herself in the bail application for Neville Mutsvangwa, who is accused of violating the Exchange Control Act.
According to <a href="https://www.newsday.co.zw/local-news/article/200027479/judge-recuses-herself-from-mutsvangwa-bail-case">NewsDay</a>, Muremba said she is doing that for personal reasons. She then referred the record to the Registrar of the High Court for judge allocation.
Neville is the son of ZANU PF spokesperson Christopher Mutsvangwa and his wife Monica, who is the Women’s Affairs, Community, Small and Medium Enterprises Development Minister.
Mutsvangwa (44) and his co-accused Elias Majachani and Simbarashe Tichingana are facing three criminal charges of illegal foreign currency dealings.
He faces a separate charge of contravening the Postal and Telecommunications Act in that he was allegedly found in possession of an unlicensed Starlink router.
Mutsvangwa and his co-accused were denied bail by Harare magistrate Dennis Mangosi and appealed against the ruling at the High Court.
According to <a href="https://www.newzimbabwe.com/more-days-behind-bars-for-neville-mutsvangwa-as-bail-ruling-is-postponed/">NewZimbabwe.com</a>, the High Court last week postponed the ruling on the case to Monday, 27 May, because the Investigating Officer’s typed record of proceedings was missing from the docket.
Mutsvangwa’s lawyer, Josephine Sande, argued that the prosecution has no case against Mutsvangwa and his co-suspects Majachani and Tichingana.
She said the Magistrates Court misdirected itself in denying bail to Mutsvangwa and his co-accused, arguing that the prosecution hinged its evidence on Visa cards which were seized from Mutsvangwa’s Mount Pleasant home.
Sande submitted that possession of Visa cards is not a crime, and neither is it evidence that someone is involved in illegal dealing with cash or money laundering.
In denying the three accused persons bail, Mangosi said the accused persons could be tempted to abscond.
He also ruled that police found overwhelming evidence that Mumba Money Transfer, a company owned by Mutsvangwa, was an unregistered entity dealing in foreign currency.
The magistrate also considered that the Police had difficulties in arresting Mutsvangwa. He first denied police entry to his Mt Pleasant house and then hid outside his house when police cut his electric fence and climbed over his gate.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

High Court Judge Recuses Herself From Neville Mutsvangwa Bail Case

The former wife of Vice president Mohadi had her divorce claims thrown out by a High court judge who said it was clear she wanted to punish the VP for divorcing her and should move on, New Zimbabwe reports.
Tambudzani who is divorcing the VP was claiming $13 394 monthly spousal maintance from the VP and the judge <a href="https://www.pindula.co.zw/Esther_Muremba">Esther Muremba</a> said she had been awarded a fair share of properties in the divorce.
In her ruling justice Muremba said:
<blockquote>In casu all factors considered it is my considered view that the applicant is not entitled to be maintained by the respondent.
While she is fairly advanced in age and has greatly diminished prospects of remarriage, she was awarded capital assets upon divorcing with the respondent.
She got three pieces of real estate, two of which are developed, more than 500 herd of cattle, motor vehicle, Discovery Land Rover, 50 percent shares in a company, more than US$25 000 in value of farm assets and household goods. There is no doubt that these assets can provide her with the income she needs to support herself.
She can still live comfortably even if she does not dispose of any of the two houses awarded to her. The applicant is still working and she can live off the assets she was awarded when the parties divorced. In the view of foregoing, I will dismiss the application</blockquote>
The messy divorce has had its fair share of media coverage including the infamous attack the <a href="https://news.pindula.co.zw/2019/03/31/vp-mohadi-violently-attacks-ex-wife-threatens-to-kill-her/">VP launched on his ex-wife’s place with an axe in April last year, </a>
More: <a href="https://www.newzimbabwe.com/vp-mohadis-ex-wife-loses-13k-maintenance-claim/">New Zimbabwe</a>.

Tambudzani Not Entitled To Spousal Maintanance, High Court Rules Against VP Mohadi's Ex Wife's $13300 Spousal Maintenance Claims