Top lawyer Mpofu set to appear in court today  

Tarisai Machakaire

©️  PROMINENT Harare lawyer Thabani Mpofu yesterday spent a second night in police custody and was slapped with a further charge pending his appearance in court today, the Daily News can report.

Mpofu was on Monday arrested and charged with defeating the course of justice in a Constitutional Court application that he filed last year challenging appointment of Kumbirai Hodzi as Prosecutor General.
However, police did not bring him to court yesterday and according to his lawyer Beatrice Mtetwa, they could not access Mpofu at Rhodesville Police Station where he was detained.
“I have tried to reach the investigating officer and his phone is not available.
“I even went to the police station countless times and the officers handling the matter are not there,” Mtetwa said, adding that she was later told that a further charge of concealing a transaction in a 2017 case had been preferred against him and that her client would be appearing in court today.
Efforts to get details on the fresh charge were in vain last night as police spokesperson Paul Nyathi’s phone went unanswered at the time of going to print.
Mpofu is well-known for having successfully defended the 2017 military coup which ended nearly four decades of the late former President Robert Mugabe’s ruinous rule, after this was challenged in court.
Later, he also made global news after he unsuccessfully represented Nelson Chamisa at the Constitutional Court — shortly after the hotly-disputed 2018 presidential poll in which the charismatic politician accused President Emmerson Mnangagwa of ballot fraud.
“It is being alleged that I, acting with Makanza (full name not given) and Choice Damiso, well knowing that Simbarashe Zuze does not exist, drafted an affidavit to purport as if it had already been sworn before Choice Damiso and filed it before the Constitutional Court under case number CCZ 03/19, challenging the appointment of the prosecutor general.
“It is, therefore, alleged that by such an act I defeated or obstructed the course of justice and as such make this statement on my own free will,” Mpofu said in a statement seen by the Daily News.
Mpofu also signed another statement before the police, where he was charged with allegedly obstructing the course of justice for allegedly making another attempt to stop an enquiry into the existence of Zuze.
“It is alleged that I, acting in connivance with Joshua Chirambwe, upon realising that our initial application under case number CCZ3/2019 had failed, went on to file another application at the Constitutional Court containing duplicated information from that of the purported Simbarashe Zuze in a bid to stop further enquiries into the existence of Simbarashe Zuze, thereby defeating the judicial proceedings,” Mpofu allegedly said in another statement.
This was after Chirambwe had approached the Constitutional Court to nullify Hodzi’s appointment, barely a fortnight after Zuze had made a similar demand.
The pair argued in the country’s highest court then that Hodzi was not fit for the job, and demanded that his appointment be rescinded.
Hodzi had been part of the people who took part in public interviews in 2018 to fill the then vacant post of prosecutor general, following the termination of Ray Goba’s employment.
Before the interviews, Hodzi was the acting prosecutor general.
His appointment sparked controversy after he was given the nod ahead of three other candidates who were said to have scored better points than him in the interviews.



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