Pambuka, Maziwisa application for dismissal thrown out

HARARE - The courts yesterday dismissed an application for discharge filed by television personality Oscar Pambuka and former Zanu PF MP for Highfield Psychology Maziwisa who are facing charges of defrauding Zimbabwe Power Company (ZPC) of $12 650.

In their last appearance, Maziwisa and Pambuka filed an application for dismissal at the close of the State’s case through their lawyer Jonathan Samukange.

Yesterday, Harare magistrate Lazini Ncube dismissed the application and remanded the matter to November 1, where it will proceed to defence.

In dismissing the application, Ncube took into consideration the evidence given by State witnesses who have testified before the courts.

Ncube noted that ZPC managing director Noah Gwariro told the court that he realises he should not have passed invoices for payment to the two as it has become apparent that the duo had no influence in the news production on Zimbabwe Broadcasting Corporation (ZBC).

Ncube also noted that all three ZBC witnesses corroborated each other when they testified that Maziwisa and Pambuka had no role whatsoever in news production.

“The two accused persons didn’t deny submitting the two invoices. The question they should answer is what were they paid for?” said Lazani, adding that they should not have been charged in their individual capacities but that their company should have been charged alone.

However, Ncube ruled that there is nothing wrong with the State charging an individual director or employee of a company.

Prosecuting, Michael Reza told the court that on February 12 last year, Fruitful Communications director Maziwisa and media executive Pambuka hosted a ZimAsset conference where former Energy minister Samuel Undenge was the guest of honour and the event was covered by the national broadcaster.

Reza told the court that on March 8, Maziwisa and Pambuka, intending to defraud ZPC, presented to ZPC an invoice claiming they had hosted various programmes on ZBC, National FM and Power FM.

“Maziwisa and Pambuka claimed that Fruitful Communications had caused the programmes to be aired on radio and television and claimed $12 650,” Reza said.

The duo were allegedly paid $12 650 and prejudiced ZPC the full amount, and nothing was recovered.

On the second count, Maziwisa and Pambuka allegedly used the same modus operandi but ZPC did not release the $36 000 that they demanded after realising that none of the work claimed had been done.

Comments (1)

They will not be released ED/ ZANUPF wants to be seen as walking the talk on fighting corruption. Those 2 are the 'small fish' to be sacrificed Maziwisa deserved it.

Sinyo - 27 October 2018

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