Jane Mutasa faces private prosecution

HARARE - The Constitutional Court has upheld the Supreme Court’s ruling ordering the Prosecutor General (PG) to allow Telecel Zimbabwe (Private) Limited (Telecel) to prosecute ex-company chairperson Jane Mutasa through private proceedings.

The PG had filed an appeal against the Supreme Court ruling, refusing to issue the certificate for the mobile operator to institute private prosecution proceedings.

However, the full Constitutional Court bench unanimously dismissed the application with costs yesterday, adding that reasons would follow.

Telecel, through its lawyer Isiah Mureriwa, pursued the matter with the Supreme Court after its attempt to have Mutasa prosecuted over a $1,7 million fraud hit a brick wall.

Mutasa is jointly charged with Caroline Gwinyai, Charles Mapurisa and Egyptian national Naquib Omar over the alleged misappropriation of cash arising from airtime sales.

“A private corporation like the applicant is entitled to institute private prosecution,” Justice Bharat Patel said in the Supreme Court ruling, before ordering the PG to issue a certificate within five days to allow the proceedings.

During the hearing of the application, the mobile operator told the court that there was no reason for denial of private prosecution.

The charges against Mutasa and her co-accused arise from 2009 when the IBWO president allegedly instructed Omar to request stock from Telecel on behalf of Oxygon Investments and which arrangements reportedly prejudiced the telecommunications firm.

According to court records, the matter allegedly came to light when a company finance manager discovered the anomaly while preparing end-of-month financials for September 2009.

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