The prosecution claims there is no age limit for assessors in High Court criminal trials. They argue that the application from fraud-accused businessmen Mike Chimombe and Moses Mpofu to take their case to the Constitutional Court is without merit.
The businessmen say their rights are violated because they are being tried by assessors over the age of 70. This point could lead to their referral request being rejected. The law allows for the appointment of assessors in community courts without age restrictions, and the High Court Act also does not specify age limits for assessors.
While the prosecution insists there are no legal age limits, the Constitutional Court might still consider the case if it raises important constitutional questions.
Chimombe and Mpofu are facing fraud charges involving over US$7 million in state funds related to a failed government goat-supply tender. They argue that having older assessors infringes on their rights.
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Prosecutor Mr. Lovech Masuku stated that assessors are not required to disclose their ages. He argued that if there was a need for this information, the applicants should have made a separate request to compel the assessors to share their ages.
Mr. Masuku also noted that the decision to allow live streaming of the trial is up to the judge and the Judicial Service Commission, and it serves the public interest by reaching a wider audience.
He added that the defense’s request to refer the case to the Constitutional Court did not follow proper procedures and should be dismissed, allowing the trial to continue. The trial has been on hold while these constitutional questions are addressed.
