Prosecutor Chirambira Under Fire For Controversial Swearing Affidavit On Behalf Of State


By Court Reporter

HARARE – State prosecutor Tafara Chirambira has come under fire for swearing in an affidavit on behalf of the state without written consent from the Prosecutor General Mr Kumbirai Hodzi.

Charambira filed an affidavit opposing a High Court application by Harare businessman George Katsimberis seeking a review of a ruling by Harare Magistrate Letwin Rwodzi dismissing his bid to have his ‘fraud’ case referred to the Constitutional Court.

Katsimberis is involved in a court battle with controversial fugitive and land developer Kenneth Raydon Sharpe over a botched joint venture agreement for the construction of cluster houses at the corner of Whitwell and Teviotdale road.

In his answering affidavit to his High Court application for review of Rwodzi’s ruling, Katsimberis said Charambira’s move to swear an affidavit on behalf of the state was wrong as he did not attach authority from the Prosecutor General Mr Hodzi.

“I object to Tafara Charambira making an affidavit on behalf of the state. The head of state is the head of the National Prosecuting Authority. Therefore only Mr Kumbirai Hodzi can swear in this affidavit. In the circumstances where he cannot swear for whatever reason, then the opposing affidavit filed by the state must indicate the authority from Mr Hodzi and why he is unable to make and swore an affidavit for and on behalf of the state,” said Katsimberis.

A legal expert who spoke on condition of anonymity said a state prosecutor cannot swear an affidavit on behalf of the state without written consent from the Prosecutor General.

“It smells a rat when something like that happens, the Prosecutor General is the state in legal matters, though he can delegate his responsibilities to other prosecutors because he cannot be everywhere, there are certain functions he cannot delegate without justification,” said the legal expert.

Katsimberis has also accused Charambira of bias saying his sworn affidavit lacks neutrality expected of his office.

Besides the tone of the affidavit is not neutral. Firstly Mr Tafara Charambira has no knowledge of the facts and of the dispute between myself, Michael Van Blerk, Pokugara and Kenneth Raydon Sharpe. Yet he swears this affidavit as if he is aware of the facts and is in fact an official of Pokugara Properties,” said Katsimberis.

He dismissed state prosecutors handling his case as hired guns for Pokugara Properties.

The prosecutors (particularly Michael Reza) are in fact hired guns for Tatiana Aleshina, Kenneth Raydon Sharpe, Augur Investments OU and Pokugara Properties. They have in fact been captured by the same. They have lost all kinds of neutrality and objectivity,” added Katsimberis.

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