Mmegi Online :: Magistrate recuses herself from ‘fake’ lawyer’s case
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Last Updated
Friday 18 January 2019, 12:49 pm.
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Magistrate recuses herself from ‘fake’ lawyer’s case

Broadhurst Magistrate Faith Ngandu has heeded the accused’s plea to recuse herself from a case in which a former Zimbabwe Defence Force soldier, Limukani Moyo is facing charges of obtaining by false pretence and unlawfully remaining in Botswana.
By Goitsemodimo Kaelo Wed 06 Sep 2017, 15:27 pm (GMT +2)
Mmegi Online :: Magistrate recuses herself from ‘fake’ lawyer’s case








Moyo (45) allegedly defrauded people claiming to be a lawyer and unlawfully remained in Botswana after the expiry of his visitor’s permit in 2012.

Ngandu yesterday said the decision to recuse herself from the case followed a written application by the accused for the magistrate to recuse herself.

Although the visibly angry magistrate could not share details of the reasons stated by the accused in the application which was filed in court on September 4, 2017, she only said the application contained “false allegations against myself and my family”.

“I have to recuse myself even though the allegations are false. They are motivated by the reason that I have denied the accused bail, even though I have advised him several times to approach the High Court if he is not happy with my decision,” Ngandu said in her ruling.

The magistrate said the accused has fabricated the story against herself and her family. “He has concocted the story against myself and my family. I will recuse myself from this matter not because the allegations are true, but before I say things that will reduce me to the

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level of the accused. I have referred the matter to the Regional Magistrate South who can preside over the case or assign it another magistrate,” she added. Meanwhile, before the magistrates made her ruling on the recusal application, the accused labelled the investigating officer Detective Senior Superintendent Sergeant Marapo “incompetent”.

The accused’s real identity has been a questionable subject over the previous mentions, forcing the prosecution to approach Interpol office in Zimbabwe to verify his real identity. However, the accused said Marapo has all the information he claims to be investigating from Interpol, but wants to delay the course of justice. “You are here again lying under oath. You are not doing any investigations. Mr Marapo is wasting the court’s time. He is unnecessarily prolonging the prospect of trial coming into effect. He is incompetent,” said Moyo.

However, Marapo pleaded with the court to give them time to investigate the accused.

In response, the magistrate said the prosecution has to be given all the time it needs to investigate the matter.  The case returns on September 19, 2017 at the Regional Magistrate Court.

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