Prosecutor refuses to continue with Chinamasa case alleging harassment

By Lance Guma
21 August 2006

Levison Chikafu who is prosecuting in the corruption trial of Justice Minister Patrick Chinamasa has apparently refused to present his final arguments saying he is now under siege. According to the weekly Standard newspaper Chikafu is complaining about intimidation and wants a Z$100 million lawsuit against him by State Security Minister Didymus Mutasa settled before he can proceed to prosecute in Chinamasa’s trial. He is quoted by the Standard as saying, ‘the first rule of life is self-preservation.’ The justice minister is accused of trying to intimidate or coerce witnesses from giving evidence in a separate trial of public violence charges against Mutasa’s supporters dating back to 2002.

Several magistrates in Manicaland refused to hear Chinamasa’s case citing intimidation and the fact that he was their boss made things worse. Chikafu is prosecuting Chinamasa but Mutasa has slapped him with a defamation suit for statements uttered in the course of that trial. Mutasa’s lawyer Gerald Mlothswa has apparently given Chikafu an 18th August deadline to retract the alleged defamatory statements or face the lawsuit. The prosecutor was quoted by the media as saying Mutasa was a powerful person whose wings must be clipped. ‘The fact that he has not been brought to trial does not mean that he is not coming,’ he is alleged to have said.

The Standard quotes Chikafu telling the court, ‘Your worship, I feel that I am under siege from this court and I am failing to understand why this honourable court wants this matter finalised quickly,” adding, ‘before I make my submissions I need to defend my case.’ Constitutional law expert Dr Lovemore Madhuku told Newsreel that the timing of Mutasa’s lawsuit was clearly designed to put pressure on the prosecutor before Chinamasa’s trial ended. He slammed the suit as an abuse of the courts saying even the lawyers involved knew it had little chance of success.

Madhuku says under the laws of defamation the prosecutor is protected by laws of ‘qualified privilege.’ He believes Mutasa is simply trying to use the legal system to achieve a political objective and that his main target was Chikafu. He says the speed with which Mutasa is trying to push his claims through also clearly shows his intention. ‘Why does he not wait for Chinamasa’s trial to conclude?’ he asked. Dr Madhuku believes the trial should now be shifted from the magistrate’s court to the High Court, as this would ensure justice was served.