Suspended Chief Magistrate Mishrod Guvamombe has argued before a Regional magistrate that there is no magistrate in the country, serving or retired or from SADC who can try him in the matter in which he stands accused of corruption because of the position he held in the judicial service.
Regional Magistrate Colet Ncube from Hwange had been called in to preside over the matter but through his lawyer Jonathan Samukange, Guvamombe argued that he had been directly involved in all of Ncube’s promotions so it was not proper for such a subordinate to try him.
The subsequently applied for all magistrate’s to be recused from trying him.
The State led by Zivanai Macharaga however argued that it was very possible for Guvamombe to be tried by a magistrate, especially Ncube.
He submitted that the fact that Guvamombe agreed to have Ncube promoted it shows that he is a capable magistrate, unless he had argued that he is impartial or related to him in any way which might steer him from the course of Justice.
Macharaga argued that Guvamombe’s position was just but administrative and there is no reason why he cannot be prosecuted by fellow magistrate’s unless they took orders from him on who to convict and how to proceed in cases they were handling which would be in turn abuse of his office.
The suspended chief magistrate is being accused of criminal abuse of office after he allegedly offered internship to former Zanu PF Ministers, Supa Mandiwanzira and Saviour Kasukuwere, who are both studying law at the University of Zimbabwe and are also being tried for different offences within the same courts. He also stands for interfering with his subordinates in handling their cases.