The State has launched an application to take ownership of a property surrendered by former minister, Saviour Kasukuwere when he applied for bail.
Kasukuwere who has failed to attend to his court case for two months now after he was allowed to travel to South Africa for medication, might lose his Nyanga property worth $250 000.
State prosecutor Zivanai Macharaga on Thursday told the court to forfeit the property after 90 days if he fails to appear in court, a move which might likely lure the ex-Zanu PF boss appear in court.
Kasukuwere was issued with a warrant of arrest in January after having failed to show up from his medical visit in South Africa.
His defence counsel previously told the court that he is scheduled to visit his doctor once every week and the State is arguing that the weekly visits do not make him immobile or restrict him from coming back in the country to appear before court.
The State did not make points of law as an application of this kind is yet to be granted by any court.
“According to section 133 (a) of the Criminal procedure and evidence Act, the court can order the forfeiture on a property surrendered as surety,” said Macharaga.
“A fugitive cannot have audience in court and it is a fact that he failed to appear in court on January 17, the same day in which his High Court application was dismissed, a ruling which meant that his trial was supposed to commence. His defence counsel alleged that he was meeting with his doctor once every week making it clear that he is not being detained by his doctor and it cannot stop him from traveling back into the country to appear in court as there is nothing at this point that has been brought to court to show that he is immobilising him.”
In defence Kasukuwere’s lawyers, Tembinkosi Magwaliba and Charles Chinyama, said the State was using the wrong law as it should have proceeded in terms of Section 119 on the said Act as they used it in applying for a warrant of arrest.
The counsel went on to indicate that the section made reference to was a provision of magistrate’s instead.
Harare Magistrate Hosea Mujaya will make a determination on Friday.
Kasukuwere is facing four charges of abuse of office emanating from the time he was Minister for Youth Development, Indigenisation and Empowerment and that of Local Government, Public Works and National Housing.
In the first count, Kasukuwere is accused of flouting tender procedures when he awarded Brainworks Private Limited owned by Mr George Manyere a contract to do brokering services and financial advisory to the Government on indigenisation.
According to State papers, the appointment of Brainworks was inconsistent and contrary with the nature of his duties as a minister.
On the three other counts during his tenure as local government minister, Kasukuwere is accused of allocating different pieces of State land to Junior Shuvai Gumbochuma without following due process.
Gumbochuma is a sister to former First Lady Mrs Grace Mugabe