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    Sunday, 4 August 2019

    High Court throws out Smelly Dube case


    BULAWAYO – The High Court in Bulawayo has thrown out an application in which one Douglas Kanengoni and 10 others had sought to stop the Commission of Inquiry on the matter of sale of State land in and around urban areas from hearing land developer Smelly Dube’s case from Harare.
    Kanengoni made an urgent chamber application on July 4, 2019 in which he argued that Dube’s case can only be heard in Gweru where her properties under investigation by the Commission are found. He further argued that it was in the interest of Gweru residents for the hearings to be conducted in Gweru so that they can have an opportunity to hear the land developer testifying.
    Dube is the biggest land developer in the Midlands with thousands of residential stands in Gweru, Shurugwi, Zvishavane and Bulawayo. The Commission could not hear Dube in Gweru because she said that she was ill at the time that she was supposed to appear at hearings held at a Gweru lodge.
    Making the ruling on the case, Bulawayo High Court Judge Justice Moyo said that the application was not urgent and the Commission was a Constitutional body that fashioned out its work including determining where it holds its hearings.
    No one was prejudiced by the hearings that were to be held in Harare as residents can still travel there to hear the land developer testifying, said the Judge.
    “It is not per applicant’s dictates, nor the court’s dictates as to when and how the Commission should conduct hearings. It is up to the Commission to decide how best it can carry out its mandate.
    “This Court cannot usurp the powers of the Commission as to who it wants to interview, how and when, that is the Commission’s mandate and its terms of reference. This court could only intervene if the applicants were being denied the right to be heard.
    “There is no law that provides for physical location for a person to be heard, which is why the applicants are based in Gweru but seek to be heard here in Bulawayo in this matter. Applicants should simply conform to the directions of the Commission as it decides how to operate,” said Justice Moyo.
    #Masvingo Mirror#
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