HARARE - High Court Judge Chinembiri Bhunu yesterday warned Transport minister Obert Mpofu against being “sarcastic”, and warned him to take court proceedings seriously.
Justice Bhunu said this during Mpofu’s cross-examination in the on-going trial of Core Mining and Minerals (Private) Limited director Lovemore Kurotwi.
Mpofu is the State’s last witness in the trial.
Kurotwi is being accused of prejudicing government of $2 billion in potential investment. He is jointly charged with former Zimbabwe Mining Development Corporation (ZMDC) boss
Dominic Mubaiwa.
The allegations arose following a botched investment by a South African diamond firm, Benn Steinmeitz Group Resources (BSGR), into a diamond mining project in Marange diamond fields.
Mpofu, who is the former Mines minister, was being thoroughly cross-examined by Kurotwi’s lawyer Beatrice Mtetwa.
During yesterday’s proceedings, he kept declining to respond to some of the questions. He laughed off some of the questions, claiming they were “irrelevant and childish”.
Mtetwa pleaded with the court to warn Mpofu to take the proceedings seriously, leading to Bhunu’s directive.
“Minister, I would like to direct you that these are serious proceedings. There is no need to be sarcastic,” Bhunu said.
This was after Mtetwa queried who had deliberated on the companies that were shortlisted for investing in the project, considering that the ZMDC board was appointed on June 13, 2009.
She said when the decision on investors was made, the board had not yet held its first meeting, which was only held on June 23, 2009.
Mpofu said the details that he presented to Cabinet through a letter dated June 23, 2009, were from ZMDC, claiming the parastatal was the one that was involved in the selection of the investors.
Mpofu claimed that he wrote the letter based on the information that he got from ZMDC.
“You wrote the letter?” Mtetwa asked, to which Mpofu retorted: “So what?”
Asked to comment on an agreement that was signed by Core Mining and the government, Mpofu said he had nothing to say, because the document was fraudulent and that government does not recognise it.
“As long as she talks of the agreement, I cannot comment, because to me the document is fraudulent,” Mpofu said.
“You are trying to draw milk from a stone,” he said. This was after Mtetwa insisted that she wanted to know when the document was signed.
Mtetwa asked Mpofu why Core Mining’s dividends and management fees were withheld at his instance. Mpofu said the directive was given in context, adding that what happened to the dividends was for ZMDC to comment.
Mtetwa also accused Mpofu of authorising a payment of $600 000 in legal fees for services which were allegedly not provided.
Mpofu said he had nothing to do with the said legal fees, since the issues were being handled by the Attorney-General’s office.
Chief law officer, Chris Mutangadura on the other hand said the information was privileged and could not be divulged in court. He said Mtetwa was soliciting for details based on legal practitioner- client relationship.
“She is casting aspersions on the minister,” Mutangadura protested, adding that Mtetwa was imputing liability on Mpofu on issues that were not relevant to the proceedings.
However, Bhunu asked Mtetwa and Mutangadura to file written submissions on whether Mpofu can be cross-examined on the said “privileged” information.
Bhunu said he would make his ruling on August 27.
ZMDC went into a joint venture deal to extract diamonds in Marange, forming the now defunct Canadile Miners.
The State claims Kurotwi misrepresented to the ministry of Mines and ZMDC that Core Mining was a special purpose vehicle of BSGR, which was supposed to be the guarantor in a joint venture agreement between the parties.