HARARE – Suspended Chief Magistrate Mishrod Guvamombe on Friday asked a court to scrap his reporting conditions and return his passport.

Guvamombe is on trial charged with criminal abuse of office for offering internships at the Harare Civil Court to two former ministers who were studying law, but had criminal cases pending.

He is also accused of defeating course of justice after he caused a Harare magistrate Elijah Makomo to recuse himself in a case involving his business partner’s son.

Guvamombe, pleading incapacitation, said the reporting conditions which were part of his bail had become expensive owing to fuel shortages and violated his constitutional right of freedom of movement.

“I am reporting once every week on Mondays.  The reporting conditions are becoming onerous and expensive in these days of fuel shortages and if found, it is very expensive,” Guvamombe said.

Through his lawyer Jonathan Samkange, Guvamombe said the retention of his passport by the state infringes on his right to freedom of movement.

Initially, Guvamombe was ordered not to travel 50km outside Harare without the authority of the investigating officer; to report to the police three times a week; not interfere with witnesses; reside at given address and submit title deeds to a property worth $30,000.

Now, however, he is reporting once a week at the police following a successful application for a review of his bail conditions. The court also cancelled the 50km radius travel restriction.

In his latest application, Guvamombe maintained that he has no intention of absconding trial while maintaining his innocence.

He submitted that he was cleared of any misconduct by two tribunals which were set up by the Chief Justice to investigate his conduct in relation to the trial of his business partner’s son.

He said he was cleared of any misconduct by both Justice Rita Makarau and Justice Mandeya’s tribunals.

“It is surprising that the State wishes to have findings and decisions by judges set aside in a criminal court. These facts have been set out to demonstrate that I have no fear whatsoever of being convicted of any offence,” he said.

Regarding former minister Supa Mandiwanzira and Saviour Kasukuwere, Guvamombe maintained that he recommended to the Judicial Services Commission (JSC) that the duo be attached at Harare Civil Court after a provincial magistrate alerted him of the anomaly.

Prosecutor Zivanai Macharaga opposed Guvamombe’s application saying he can approach the Constitutional Court if he feels the retention of his passport violates his constitutional rights.

“Applicant is not placing before the court any specific reasons why he needs this passport other than him being annoyed by the condition he is in… Applicant’s restriction on his movement is reasonable in a democratic country,” he said.

Presiding magistrate Collet Ncube rolled the matter to June 26 for ruling.