Supreme Court frustrates NPA's bid to retain Wadya...

Supreme Court frustrates NPA's bid to retain Wadyajena's Lambo

Zim Now Writer

In a major setback for the National Prosecuting Authority, the Zimbabwean Supreme Court has upheld a lower court ruling ordering the return of a fleet of vehicles seized from Justice Mayor Wadyajena.

The saga began in August 2022 when the Zimbabwe Anti-Corruption Commission confiscated 23-tonne haulage trucks and a Lamborghini SUV belonging to Mayor Logistics (Private) Limited, a company linked to Wadyajena.

This action stemmed from an investigation into alleged defrauding of the Cotton Company of Zimbabwe for US$5.8 million.

However, the charges against Wadyajena and his associates were dropped before trial, raising questions about the legality of holding onto the seized vehicles. Justice Tawanda Chitapi of the High Court ruled that the continued seizure beyond the initial 30-day period, without proper extension requests, was unlawful. This decision paved the way for Wadyajena to reclaim his property.

The NPA attempted to challenge the High Court's ruling, but the Supreme Court dismissed their appeal due to procedural errors.

The NPA failed to comply with Rule 55(5) of the Supreme Court rules, which mandates the payment of security costs for appeals. Consequently, the appeal was deemed abandoned and dismissed.

This verdict marks a significant legal victory for Wadyajena, who has been locked in a lengthy legal battle with ZACC. It underscores the critical importance of adhering to established procedures within Zimbabwe's legal system. The Supreme Court's decision reinforces the High Court's earlier ruling that the prolonged retention of Wadyajena's property was unjustified.