The Supreme Court threw out Econet Wireless’ request to compel former NetOne chief executive Mr Reward Kangai to testify in the base stations dispute. The Supreme Court said Econet’s request is an abuse of the court process.
Econet claims the Zimbabwe Revenue Authority (ZIMRA) was favouring NetOne by allowing it to import its base stations without paying duty while other mobile network operators were obliged to pay import duty. As a result Econet sued NetOne and Zimra over discrimination at the Fiscal Appeal Court and obtained an order compelling Kangai to give evidence on how Zimra was favouring NetOne. The Fiscal Appeal Court also ordered Mr Kangai to bring several bulky documents relevant to the case.
However, NetOne appealed to the Supreme Court arguing that the order issued was too wide and meant to pursue an ulterior motive other than securing relevant evidence. NetOne also argued that the subpoena issued was in violation of its right to privacy and that it was an abuse of court process. Justice Mary Anne Gowora sitting with Justices Susan Mavangira and Ben Hlatshwayo allowed the appeal and set aside the Fiscal Appeal Court decision.