Midlands provincial magistrate Pathekile Msipa told prosecutors that they would have to proceed by way of summons.
Kombayi is jointly accused criminal abuse of office along with his deputy, Artwell Matyorauta (now deceased) and suspended Town Clerk Daniel Matawu.
Magistrate Msipa who, earlier this month ordered the state prosecutor to start trial on May 26, said it was unconstitutional to continue postponing the matter as it prejudiced the rights (to trial) of the accused.
The State had postponed trial on numerous occasions saying said it needed more time to re-draft the charges following the death of one of the accused, Matyorauta.
But Msipa said the death of Matyorauta was not a basis for further remand and removed Kombayi and Matawu from remand, lifting their bail conditions before ordering that the case would proceed by way of summons.
Allegations are that the trio hatched a plan to abuse ratepayers’ funds by paying for private and personal expenses.
It is further alleged that between July 31 2013 and June 30 2015, the three abused their positions as public officers to abuse council funds.
During that period, they allegedly paid MDC-T leader Morgan Tsvangirai’s $1 875 bill at Antelope Park resort.
It is again alleged the trio connived to make a payment of $ 6 858 at the Fairmile and Village Lodges using rate-payers money to meet personal expenses prejudicing council of a total $8 733.
The duo however, deny the charges.
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