HARARE – The judge reserved judgement on Monday after hearing arguments in a bail application brought by tourism minister Prisca Mupfumira.

Mupfumira, arrested on July 25, faces seven counts of criminal abuse of office involving US$95 million from the state pension fund.

The alleged crimes took place while she was public service, labour and social welfare minister between 2014 and 2018, say prosecutors.

The bail hearing was a partial victory for Mupfumira, who had been ordered detained for 21 days by a magistrate using a little used law which Justice Erica Ndewere ruled last Saturday was unconstitutional.

The hearing started last week but was postponed to Monday so that the prosecution would call the investigating officer to the stand to explain why the Zanu PF politburo member should not be granted bail.

The day began with Mupfumira’s legal team led by Advocate Lewis Uriri seeking a referral to the Constitutional Court, which was shot down by Justice Ndewere.

The prosecution team, led by Michael Reza, then went on to challenge Mupfumira’s bail application arguing that the evidence against her was overwhelming which would give her reason to flee the country.

Reza said it was difficult to arrest Mupfumira, telling the court that she had tried to avoid officers from the Zimbabwe Anti-Corruption Commission (ZACC), who made the arrest.

“She was ducking and diving. The police travelled all the way to Chinhoyi looking for her. The police were sent on a wild goose chase. They visited her office; looked for her at Parliament and her residence but she never showed up. Police had to set a camp at her residence, and only then did she send her lawyers to ZACC to facilitate her surrender,” said Reza.

Reza said the prosecution was ready to go to trial on three of the seven counts. The evidence included proof of two deposits into her CBZ account by MetBank, which prosecutors say was the beneficiary of risky investments by the National Social Security Authority (NSSA), allegedly at the say-so of Mupfumira.

“There was no reason for the money to be deposited into her personal account,” Reza said of the two deposits of US$9,182 and US$13,600.

The prosecution charges range from alleged abuse of state pension fund money to finance Mupfumira’s political campaigning to directing investments of up to US$62 million into MetBank against the advice of the pension fund’s risk committee.

Mupfumira is also accused of leaning on the pension fund to enter into property deals with the same bank worth US$15.7 million.

Reza told the court that Mupfumira had already submitted papers documenting an illness, which the prosecutor said was in advance of an expected application for treatment abroad.

Mupfumira, said the prosecutor, also had two passports including one with a lengthy United Kingdom visa.

Uriri, for Mupfumira, said the minister had a personal and diplomatic passport, the latter for official duties.

Reza also charged that Mupfumira owns mansions in South Africa, Dubai and the United Kingdom, and even if she forfeited a property put forward in exchange for bail that would not have an effect at all. The minister denies this.

“That will be change to her. She won’t feel anything. Money laundering attracts 25 years imprisonment; criminal abuse attracts 15; she is 68. Simple arithmetic, if she is to be convicted she will come out of jail aged 168,” said Reza.

“When she was sent to prison for 21 days, she cried because she couldn’t stand one day. The jail term she is facing will definitely cause her to abscond because she’s a woman of straw.”

The prosecutor said Mupfumira’s alleged crimes were not victimless.

“NSSA money had a purpose. The people did not benefit at all. These are pensioners and to date, if we are to go to NSSA House you will find them in endless queues. The money they get is not even sufficient to take them back to Chiendambuya where they came from just to get that money, because if they don’t collect it, the money will be forfeited.”

On the witness stand, investigating officer Sergeant Trust Chinembiri, claimed Mupfumira had planned to flee the country with the help of “Chinese friends” on July 24. The police officer claimed Mupfumira had a house in Sandton, a posh neighbourhood of Johannesburg.

Lawyer Uriri maintained that bail was a constitutional right.

Mupfumira, said Uriri, was aware of the impending charges for months and had in the interim travelled to the United Kingdom and returned to the country. She had also voluntarily surrendered to police, the lawyer said.

“The State’s fears of witness interference can be cured by a compelling court order,” the lawyer said.

After hearing arguments, Justice Ndewere said: “Ruling is hereby reserved. As soon as it is ready, the registrar will advise the parties.”