CAPS boss Mtandah trial opens

HARARE - CAPS Holdings major shareholder Frederick Mtandah, who is accused of contravening the Exchange Control Act, on Wednesday said his rights had been violated after he was brought for trial on charges he said did not disclose an offence.

Mtandah told Harare regional magistrate Noel Mupeiwa that he was not going to get a fair trial, after the court had denied his exception application, on the basis that the request had earlier on been dismissed.

The businessman is jointly charged with Justice Majaka.

“When the court chose to ignore my application for exception, it left a big gap in my mind as to the impartiality of this court,” Mtandah said.

“…that is why I say there is no independence in the judiciary as far as this case is concerned. I think there is no fairness with what is going on.”

He told the court that his fundamental rights had been infringed upon and wanted the matter referred to the Constitutional Court for determination.

Mupeiwa later heard Mtandah’s application, which he dismissed, ruling that it was “frivolous and vexatious”.

Based on Mtandah’s submissions that he doubted the fair handling of the case, Mupeiwa gave him leeway to appear before another magistrate.

However, Mtandah opted to have the matter proceed to trial before Mupeiwa.

Mtandah, who appeared without legal representation, denied the allegations, arguing that he was not the one directly involved in the running of the company’s affairs, when the allegations arose.

Majaka, who was represented by Raphael Tsivama, also denied the allegations.

The two are accused of conniving to illegally export intellectual property rights outside the country.

It is alleged that Mtandah instructed Majaka to write a letter to Medicines Control Authority of Zimbabwe, applying for a change of principal for 50 drug formulae from Caps Rallies (Pvt) Ltd, Harare to Caps International, Johannesburg, South Africa.

“The exportation of the drug formulae which are classified under intellectual property rights or patents had no approval of the Exchange Control Authority and the Reserve Bank of Zimbabwe,” reads part of the state papers.

Comments (1)

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Stop-a-Thief - 25 July 2013

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