The ruling now paves way for the immediate release of the embattled MDC top official who is been in prison custody for 10 days.
“The State’s application has been dismissed. I am cloud nine right now. I am on my way to High Court to collect the full ruling,” said Selby Hwacha, Mangoma’s lawyer.
Mangoma was arrested on charges of abusing public office by irregularly awarding a multi-million tender to purchase electricity meters by the Zimbabwe Electricity Transmission and Distribution Company (ZETDC), a subsidiary of Zesa.
This was his second arrest after he had been arrested and released on bail on another charge of violating the country’s tender procedures by ordering the purchase of 5000 litres of diesel from a South African company that was not listed among the regular suppliers of oil commodities to government’s national oil procurement company Noczim.
He was granted US$5000 bail on March 29 but the state immediately invoked the controversial Section 121 of the Criminal Procedure and Evidence Act which suspends the effect of a court’s ruling for seven days pending such application by the State.
In the period, the State is supposed to file arguments justifying its decision to freeze the judge’s ruling before the same judge.
But Justice Musakwa dismissed the application.