HARARE – The Constitutional Court has granted prominent businessman Jayesh Shah direct access to Zimbabwe’s apex court, marking a major development in his protracted legal battle with former Zupco chairman Charles Nherera.
This comes after Shah successfully challenged the Supreme Court’s handling of his appeal against a High Court ruling that ordered him to pay Nherera US$130,000 in damages for alleged unlawful arrest and malicious prosecution.
In a judgment delivered by Justice Rita Makarau, the Constitutional Court found that Shah’s case raised legitimate constitutional issues, warranting the court’s intervention.
“It appears to me that the trial was conducted in a grossly irregular fashion, thereby robbing it of the fairness that is a prerequisite of a trial under the law,” said Makarau.
She noted that the trial court had improperly ceded jurisdiction to the appeal court, undermining the principle of impartial adjudication.
“These irregularities could—and in my view, should—have been corrected by the court a quo,” she added, suggesting that the lower court’s failure to apply the correct law may have breached Shah’s constitutional rights.
A 20-Year Saga
The legal feud dates back more than two decades, when Shah—through his company, Gift Investments (Private) Limited—was engaged in commercial dealings with Zupco, then chaired by Nherera.
One aspect of the relationship involved a lease agreement, under which Gift Investments rented property from Zupco. After a legal dispute, both the High Court and Supreme Court ruled that Shah had paid a bribe to Nherera to extend the lease—claims Shah denies.
In a separate deal, Gift Investments supplied buses to Zupco, during which Nherera allegedly solicited a bribe to facilitate a contract. In 2005, both men were arrested on corruption charges. Shah was granted immunity from prosecution on condition that he testify against Nherera.
Following Shah’s testimony, Nherera was convicted and sentenced to two years in prison. However, in 2009, the High Court overturned his conviction—after he had already served the full sentence.
In 2011, Nherera sued Shah for US$400,000 in damages, claiming malicious arrest, prosecution, and imprisonment. The High Court initially absolved Shah of liability, but this ruling was overturned on appeal and the trial resumed.
Ultimately, the court awarded Nherera US$30,000 for malicious prosecution and US$100,000 for wrongful arrest and detention—payable in Zimbabwe’s local currency at the prevailing rate.
Shah appealed to the Supreme Court on seven grounds, arguing that the decision infringed his constitutional rights, including the right to a fair hearing (Section 69(2)) and the right to equal protection under the law (Section 56(1)).
The Constitutional Court has now cleared the way for Shah to argue these constitutional violations before it.
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