ConCourt indefinitely suspends CAPS Chair’s challenge on Tomana

The Constitutional Court today postponed indefinitely a case in which Caps Holdings Chairman and FCA Motors owner, Fredrick Charles Mutanda, is challenging the Prosecutor General’s office over the constitutionality of his prosecution on fraud charges involving more than $26 million.

The postponement is set to allow for some records of proceedings over the case to be obtained from the Harare Magistrates' Court.

Allegations against Mutanda and his alleged accomplice, Justin Majaka, are that they illegally exported CAPS Pharmaceuticals’ intellectual property rights to CAPS International Johannesburg.

The State alleges that sometime in August 2011, Mutanda instructed Majaka to make an application to the Medicines Control Authority of Zimbabwe for a change of principal for 50 drug formulae from CAPS Rallies, Harare to CAPS International, Johannesburg.

According to the State, in October 2011, MCAZ registered the 50 dossiers with CAPS International South Africa as the new principal and owners.

This resulted in ownership of the drug formulae shifting from Zimbabwe to South Africa.

The development saw CAPS importing those drugs, which resulted in the firm being prejudiced of the more than $26 million.

Mutanda, who was granted bail in November 2011, argues that his right to a fair trial within a reasonable time frame has been infringed upon.

He approached the Constitutional Court directly after the Harare Magistrates Court turned down his request for the case to be referred to the Constitutional Court.

Zimbabwean law allows individuals to approach the Constitutional Court directly.

In his heads of argument, Mutanda argues that officers from the Zimbabwe Anti-Corruption Commission who arrested him had no evidence against him and only did so to get an opportunity to investigate, a move he says was unconstitutional.

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