Wicknell Chivayo has indicated that he wants to approach the Constitutional Court (Con-Court) after the State threatened to tighten his criminal charges. Chivayo and his company Intratek Zimbabwe (Private) Limited are charged with fraud, money laundering and contravening two sections of the Exchange Control Act. Lewis Uriri, Chivayo’s legal counsel, presented an application for exception and referral to the Con-Court pending an intended change of the latter’s charges.
According to Uriri, the State represented by Zivanai Macharaga and Vernanda Munyoro had intended to amend Chivayo’s charges.
According to Section 170 (3) of the Criminal Law and Codification Reform Act, which allows the State to amend charges before they are put to the person, we raised concerns to the state. If it (State) proceeds to put present charges as intended by notice, accused will accept, plead and will make it clear that the State should not make any amendments again after that.The document that we have furnished the State with relates to the intended amendments and not the present charges. If the intended amendments are not sought, then the document we have presented to the State will become irrelevant.
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