Home » Legal and Judicial Affairs » Caps Boss Demands Verdict

CAPS Pharmaceuticals general manager Justice Majaka, who is accused of contravening the Exchange Control Act, is demanding the court to give a verdict in his case. However, the State was given an ultimatum by Harare magistrate Mr Noel Mupeiwa to respond to Majaka’s application for a verdict by December 30 this year.

The court will give a ruling on the matter on January 8 next year.

Majaka is facing charges of contravening Section 5 (1) (a) (ii) of the Exchange Control Act Chapter 22:05 as read with Section 13 (2) of the Exchange Control Regulations which prohibits externalisation of property rights.

In the application Majaka, who is represented by his lawyer Mr Shadreck Chisoko, said the State has gone to an unprecedented and unethical lengthy period to prevent cross-examination of a witness, Jealous Nderere.

“State misrepresented that Nderere was out of the country and furnished suspicious medical letters.

“The State is bent on terminating the current proceedings and commencing a trial de novo shown by attempts to coerce the court into ordering a trial de novo.

“It is clear that State is either unable or unwilling to proceed with the present case and efforts have been done into frustrating the current proceedings,” he said.

Mr Chisoko said Majaka had on several occasions called on the State to withdraw charges or finalise proceedings.

“The current proceedings have been reduced into a slanging contest where counsel and State tussle and exchange unpleasantries.

“We demand the prosecution to reach a conclusion whether acquittal or conviction in terms of Section 180 (6) of the Criminal Procedure and Evidence Act Chapter 9:01,” he said.

Mr Chisoko added that the evidence of Masimba Damba shows that nothing was exported and that all the intellectual property rights and incorporeal rights are only valid in Zimbabwe.

“Dossiers are just files, not rights or certificates of registration and the said certificates of registration and rights thereto can only be exercised from No. 2 Manchester Road, Southerton in Harare,” he said.

It is alleged that Majaka wrote a letter to the Medicines Control Authority of Zimbabwe, applying for a change of principal for 50 drug formulae from CAPS Rallies (Pvt) Ltd, Harare, to CAPS International, Johannesburg, South Africa.

The court heard that the exportation of the drug formulae, which are classified under intellectual property rights or patents, did not have the blessings of the Exchange Control Authority and the Reserve Bank of Zim- babwe.

Majaka’s co-accused, Frederick Mtandah, has since been removed from remand.

Source : The Herald

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