HARARE – Zimbabwe Miners Federation (ZMF) president Henrietta Rushwaya has appealed for bail at the High Court arguing that Harare magistrate Ngoni Nduna grossly erred when he denied her bail.

Rushwaya faces charges of contravening the Customs Act, unlawful possession of gold and bribery.

The former Zimbabwe Football Association CEO denies the allegations.

Through her lawyer Tapson Dzvetero, Rushwaya says Nduna accepted prosecution arguments for which no evidence was placed before him to support the claims that she was likely to abscond and interfere with witnesses.

Rushwaya, who was arrested with 6.09kg of gold at the Robert Gabriel Mugabe International Airport before a flight to Dubai, argues that Nduna should not have required her to file a fresh bail application when prosecutors had already consented during her initial appearance.

“The learned magistrate misdirected himself when he reopened the bail proceedings after the state had consented. The magistrate had asked for reasons from the state and he made a pronunciation on how he intended to be addressed on the reasons for consent. The fact that he then reopened the proceedings afresh after the state had withdrawn consent is tantamount to him reviewing his own decision which is a misdirection,” reads part of her application.

“The applicant does not harbour any ambition to leave the country as she has serious interests in the land, and upon acquittal she intends to continue with her mining business as she possesses various business interests that are sounding in real money as she has a special grant in favour of her company and is in partnership with the Zimbabwe Mining Development Corporation for some serious mining business.

“The learned magistrate erred and grossly misdirected himself in concluding that the applicant has connections outside Zimbabwe when no evidence was placed before him to justify that position.”

Rushwaya told a court that she carried the wrong bag with the gold from home, thinking it was a similar bag packed with her toiletries.

The 53-year-old is jointly charged with Ali Mohamad, a Pakistani businessman who is out on bail.

Central Intelligence Organisation operatives Raphios Mufandauya and Steven Tserayi as well as Zimbabwe Miners Federation employee Steven Tserayi are also accused of being part of a smuggling syndicate with Rushwaya.

Rushwaya’s appeal has not yet been set down for hearing.