Econet Bid To Subpoena Kangai Falls
Econet is currently suing the Zimbabwe Revenue Authority (ZIMRA) saying its giving special treatment to NetOne by allowing the state owned operator to import its base stations without paying duty while other mobile network operators were obliged to pay import duty.
Econet Wireless’ bid to subpoena former NetOne chief executive Mr Reward Kangai to testify , been threw out by the Supreme Court.
The former Netone CEO, Mr Kangai was to give evidence on how the taxman was showing favour to NetOne. Mr Kangai was to bring several bulky documents relevant to the case.
However, NetOne argued that the subpoena issued was too wide and meant to pursue an ulterior motive other than securing relevant evidence.
The Supreme Court blasted Econet for abusing court process.
“The view I take is that, the subpoena does not constitute a genuine exercise by a litigant to prosecute a dispute. It was not shown in the court below that the subpoena, wide as it is, was necessary for disposing fairly of the cause or matter.”
“It cannot be allowed to stand in the circumstances because it is clearly an abuse of process and the court has inherent power to prevent this abuse,” the court ruled.
The base stations dispute will not take place without Mr Kangai as the Key witness.