Dramatic twist to Zupco saga as defence lawyers gun for chief witness

By Lance Guma
24 August 2006

Lawyers representing Zupco Chairman Charles Nherera and Deputy Information Minister Bright Matonga have started moves to challenge the immunity granted to Jayesh Shah, the chief state witness. Shah’s evidence led to the conviction and jailing of Nherera for two years over claims he solicited a US$85,000 bribe in exchange for awarding a tender to supply buses to Gift Investments. The defence team however now want him to be prosecuted for his role in the case and say the Attorney General has been exercising too much influence in the case.

Matonga is still to face trial and when this happens it might mean more troubles for Nherera as some of the charges have been preferred on both of them. Wilson Manase is representing Matonga while Joseph Mandizha is acting as counsel for Nherera. Mandizha earlier in the week told Newsreel they would appeal the decision to convict his client and pointed to the political undercurrents dominating the case as one aspect of the trial they were not happy about. If they fail to get Shah’s immunity revoked it is thought the lawyers might consider a private lawsuit against Shah.

Former Zupco Chief Matonga is alleged to have received US$20 000 from Shah in the high profile scandal that also sucked in local government minister Ignatius Chombo. Although Chombo admitted receiving money he ducked behind the excuse that he received a lot of cheques in the run up to his election campaign. Legal experts say at the heart of the matter is whether Shah had a certificate of immunity before the trial began or during the course of giving evidence as a witness he implicated himself? The Attorney Generals office has still not given a satisfactory explanation of the situation.

South African based businessman Mutumwa Mawere, whose company once held shares in Zupco, says Mugabe ‘is always manufacturing new enemies’ to divert attention. He says the latest anti-corruption drive was meant to confuse poor people on what the real cause of their suffering is. Mawere however believes the latest twist in the Zupco saga has come about because Nherera and Matonga are trying to divert attention from the fact they accepted bribes. The issue of Shah’s immunity certificate was ‘neither here nor there’ according to him. The businessman who lost his companies in Zimbabwe under controversial laws says ‘justice in Zimbabwe seems to be a privilege meant for a few.’