Mangoma had been detained at Harare Remand Prison for 11 days since his arrest on 25 March for alleged “criminal abuse of duty as a public officer”. The State alleges that the Movement for Democratic Change (MDC) deputy treasurer-general flouted tender procedures in the procurement of pre-paid electricity meters for the State-run power utility.
Although Mangoma had been granted bail on 29 March by Justice Omerjee, the bail order was vetoed after Tawanda Zvekare, a law officer in the AG’s Office invoked Section 121 of the Criminal Procedure and Evidence Act (CPEA) to suspend the bail order, which had been granted to the Energy and Power Development Minister.
But Justice Musakwa dismissed Zvekare’s application in which he sought leave to appeal against Justice Omerjee’s bail order. Justice Musakwa’s ruling was only made available on Monday after he considered Zvekare’s application on Friday 1 April.
Justice Musakwa said Zvekare’s “intended appeal enjoys no prospects of success.”
In his application seeking leave to appeal, Zvekare had argued that Hon. Mangoma should be barred from reporting for duty at his government offices as he was likely to interfere with State witnesses in his case.
But Justice Musakwa said, “From a reading of Omerjee’s ruling it does not appear that the State established any facts on which it grounded its fear that there was a likelihood that the respondent might interfere with witnesses. It was simply that fear notwithstanding those investigations had commenced in February 2011 and at the time of the bail hearing there was no complaint of any attempt to interfere with witnesses.”