By Kumbirai Mafunda
THE National Prosecuting Authority (NPA) has withdrawn charges against Dumisani Dube, a Bulawayo-based lawyer, who was arrested in June and charged with defeating or obstructing the course of justice.
Dube was arrested on 6 June 2020 by Zimbabwe Republic Police members and charged with contravening Section 184 of the Criminal Law (Codification and Reform) Act for allegedly defeating or obstructing the course of justice.
The allegations arose from a matter wherein Dube represented his client and filed an urgent chamber application at the Bulawayo High Court, and obtained an order in favour of his client. The state alleged that Dube filed a fake certificate of service purporting to have served one of the Respondents in the matter, when he had not, and thereafter proceeded to obtain an order by default.
But on Wednesday 30 September 2020, prosecutors withdrew charges against Dube, who was represented by Godfrey Nyoni of Zimbabwe Lawyers for Human Rights(ZLHR) and Prince Bhutshe-Dube,before plea.
Meanwhile, Harare Magistrate Ngoni Nduna on Wednesday 30 September 2020 dismissed an application filed by Prosecutor Michael Reza of the NPA seeking to revoke the bail granted to Tapiwa Makanza, a Harare-based lawyer, who was arrested in June and charged with defeating or obstructing the course of justice.
Reza had sought to have Makanza’s bail revoked after alleging that he had breached one of the conditions which barred him from interfering with Simbarashe Zuze, whom the state considered to be its witness in its ongoing case against the Harare-based lawyer.
But Magistrate Nduna ruled that the purported Zuze, whom Makanza allegedly interfered with is not a material witness to the State.
Magistrate Nduna stated that in any case Zuze is a defence witness and it’s the state which should be cautious in its interactions with him.Makanza, who is represented by Obey Shava and Paidamoyo Saurombe of ZLHR, returns to court on Friday 9 October 2020.
Apart from Dube and Makanza, several lawyers are appearing in court on similar charges of defeating or obstructing the course of justice. The charges emanate from execution of their professional duties.
