- City of Harare
- Judicial Service Commission
- Kenneth Raydon Sharpe
- Michael Reza
- Ministry of Home Affairs and Cultural Heritage
- Ministry of Justice Legal and Parliamentary Affairs
- Pokugara Properties
- Tatiana Ellis Aleshina
- Tendai Biti
- Vongai Muchuchuti-Guwuriro
- West Properties
- Zimbabwe Anti-Corruption Commission
- Zimbabwe Republic Police
“The court itself with great respect is abusing my rights to be protected by the Constitution of Zimbabwe and the court’s rulings today clearly demonstrates beyond a shadow of doubt quod erat demonstrandum the gross abuse of my rights by the court itself. I say this dispassionately, professionally and respectfully”
By Court Reporter
HARARE – Top lawyer and MDC Alliance Vice President Tendai Biti last week, confronted Harare regional magistrate Wongai Muchuchuti-Guwuriro for violating his constitutional rights after she allowed his ‘assault’ trial to continue in the absence of his lawyer, Aleck Muchadehama.
Biti, who is facing assault charges following a verbal altercation outside Harare Magistrates court premises with controversial Russian national who is also West Properties Chief Operations Officer Tatiana Aleshina on November 30 2020, was forced to stand trial despite an application for postponement by his lawyers.
Biti who was seeking postponement of the matter as Muchadehama was engaged at the Master of High Court argues that his constitutional rights to be represented are being flouted .
Magistrate Muchuchuti dismissed the application and ordered trial to proceed without defence counsel.
Biti took to the witness stand to express his respectful dismay over Muchuchuti’s ruling which violated his constitutional rights.
“The court itself with great respect is abusing my rights to be protected by the Constitution of Zimbabwe and the court’s rulings today this morning clearly demonstrates beyond a shadow of doubt quod erat demonstrandum the gross abuse of my rights by the court itself. I say this dispassionately, professionally and respectfully.” The MDC Vice President said.
With every accused person guaranteed the fundamental right to legal representation, Biti argued that he maintained the same irrespective of Muchadehama’s circumstances.
“It is a fundamental right of an accused person to the right to representation that right is sacrosanct and cannot be subtracted and is codified in Section 50 of the Constitution of Zimbabwe. Whatever your finding my lady on Mr. Muchadehama cannot have the consequence, cannot have the effect as it has done of denying me my right to legal representation a Constitutional right codified by the Constitution of Zimbabwe and the finding that is so prejudicial,” charged Biti.
While Biti maintained he’s legal status he called for the respect of his citizen status which accorded him the right to be represented by a lawyer of choice and called for acceptance of simple postponement applications by the Court.
“The fact that I am a legal practitioner in my own right does not take away my right to a legal practitioner. I cannot as you have put me in a position to I cannot lead evidence myself. I cannot control myself. One of the things that a lawyer does when leading evidence in chief is to control the tempo of a client’s testimony, I can’t do that.So you grossly assaulted my Constitutional rights but this is not the first time your worship, consistently throughout these proceedings you have ruled against accused person (himself). Simple applications for postponement are turned down. How does that happen?” Biti also highlighted.
Biti argued that the matter had been blown out of proportion as he had never assaulted Aleshina.
“As a matter of fact despite the attempt to call it an assault it is not an assault at the very most it is a matter of a verbal altercation between myself and the complainant Tatiana Aleshina. As I testified last week assuming without pleading that I called her an idiot, how does that verbal exchange create this brouhaha that the court constantly puts itself in a position where it is constantly and persistently making decisions that are inexplicable and coincidentally in favour of the State,” Biti also emphasised.
Biti has previously been charged with two treason, described the conduct by the magistrate and prosecutors, Michael Reza and Tafara Chirambira, unforseen, unprofessional and persecution instead of prosecution.
“In my life i have even faced two treason charges, but when i stand before High Court Judge, Ben Hlasthayo, i have never faced prosecutor like Michael Reza who is behaving like a certain political party Commissar”.
Biti who is also a qualified lawyer, was involved in litigation, representing a client in the Pokugara land wrengle and Harare Airport Road scandal which City of Harare has lost over US$2 billion worthy of land to ,”land baron” Kenneth Raydon Sharpe, Aleshina who was reportedly whispering information to the prosecution constantly.
Sharpe is currently at large and believed to be hiding in Mauritius with “a name dropper” Aleshina doing most of the business on his behalf.
Sharpe is facing a litany of charges ranging from money laundering and corruption emanating from shoddy land dealings in Harare.