Neville Mutsvangwa file photo
By Donald Chakamanga
High Court Judge Justice Rodgers Manyangadze has granted bail pending trial to Neville Mutsvangwa and two others, citing the constitutional right to freedom and the presumption of innocence until proven guilty.
Mutsvangwa, (44) Elias Majachani, (45) and Simbarashe Tichingana, (38) were arrested for contravening one count of contravening section 5(1)(a)(ii) of the Exchange Control Act [Chapter 22:05].
Neville Sunungurai Mutsvangwa (44), Ellas Majachani (45) and Simbarashe Tichingana (38) were arrested for contravening section 5(1)(a)(ii) of the Exchange Control Act [Chapter 22:05] as read with section 4(1)(a)(1) of the Exchange Control Regulations SI 109 of 1996, dealing in foreign currency, one count of contravening the Bank Use Promotion and Suppression of Money Laundering Act and another count of contravening the Money Laundering and Proceeds of Crime Act. Mutsvangwa is facing another charge of possession of an unlicenced Starlink router.
The tro had been denied bail by the court aquo but appealed to the High Court.
Justice Manyangadze, in his ruling, emphasized that the right to bail is enshrined in section 50 of the Constitution and that the State had failed to present overwhelming evidence to justify denying bail. He also noted that the case has a wide latitude of discretion and that the courts should protect pre-trial liberty where possible.
The judge criticized the lower court for failing to consider the seriousness of the case in conjunction with the strength of the State’s case, and for not recognizing that the facts presented suggested a money remittance agency operating without a license rather than money laundering.
The bail conditions include:
- Depositing $1000 each with the clerk of court
- Residing at their given address
- Reporting twice a week at their nearest police station between 0600 hours and 1800 hours
- Surrendering any traveling documents
The State, represented by prosecutor Tozivepi Mapfuwa had argued that the trio posed a flight risk and that granting bail would undermine the investigation. The State indicated that Mutsvangea was found hiding behind some trash bags behind his backyard and the police had a torrid time in effecting an arrest. However, Justice Manyangadze found no evidence to support this claim.
The State is alleging that during the period extending from the 1st of January 2019 to the 8th of May 2024, the accused persons formed Mumba Money Transfer services without a license in violation of the Bank use Promotion and Suppression of Money Laundering Act and Exchange Control Act. They advertised on the internet directing clients to their offices in Harare. The accused persons employed a combination of electronic funds transfers and physical cash for their unlawful transactions, leveraging foreign bank accounts to obfuscate their activities.
