HARARE - A Harare regional magistrate yesterday referred to the Constitutional Court (Con-Court) a case of two soldiers accused of attempting to bomb President Robert Mugabe’s Alpha Omega Dairy in Mazowe.
The State had initially withdrawn charges of possession of weaponry for insurgency and money laundering against Silas Pfupa, 37, and Solomon Makumbe, 29, after Prosecutor-General Johannes Tomana had turned the two into witnesses.
Pfupa and Makumbe were jointly charged with Zimbabwe People’s Front political party member Owen Kuchata, 34, — who is currently serving nine years for the crime — and Zimbabwe National Army corporal Borman Ngwenya, 30.
The quartet also faces treason charges.
The duo was summoned back to court and charged with possession of weaponry for sabotage — allegations which were disputed by their lawyers who argued that Tomana had not authorised the prosecution of Pfupa and Makumbe.
An application for cancellation of the summons was subsequently made.
“The guidance of the superior courts is needed for clarity and interpretation more particularly regarding powers of the prosecutor-general,” magistrate Sandra Mpindu ruled.
“Both parties should process papers within 14 days and have the matter heard by the Con-Court.”
Prosecutor Michael Reza had argued that national director of public prosecution Florence Ziyambi, who had authorised the prosecution of the two, had delegated authority to do so.
The prosecution said police received warning of the planned attack and intercepted the suspects as they headed to the property.