BULAWAYO
–
The
Supreme
Court
has
granted
bail
to
Italian-born
businessman
Francesco
Marconati,
overturning
a
High
Court
decision
that
had
kept
him
in
custody
despite
the
National
Prosecuting
Authority
not
opposing
his
release.
In
a
ruling
handed
down
on
31
December
2025,
judge
of
appeal
Justice
Tendai
Uchena
allowed
Marconati’s
bail
appeal
by
consent,
setting
aside
the
decision
of
the
High
Court
and
admitting
him
to
bail
pending
trial
on
multiple
charges.
“The
appellant’s
bail
appeal
be
and
is
hereby
allowed.
The
decision
of
the
court
a
quo
is
set
aside,”
Justice
Uchena
ruled.
The
apex
court
ordered
that
Marconati
be
released
on
bail
in
respect
of
three
matters,
including
alleged
contraventions
of
the
Firearms
Act
and
one
count
of
assault,
all
arising
from
cases
registered
at
Inyathi
Magistrates
Court.
Under
the
ruling,
Marconati
must
deposit
a
total
of
US$2,000,
split
across
two
criminal
cases,
report
to
Inyathi
Police
Station
every
fortnight,
surrender
his
passport,
and
remain
resident
at
Queens
Mine,
Bubi–Inyathi,
Matabeleland
North,
until
the
cases
are
finalised.
He
was
also
ordered
not
to
interfere
with
state
witnesses.
The
application
was
argued
by
Advocate
Lewis
Uriri
for
Marconati,
with
T.P.
Mutarisi
appearing
for
the
NPA,
which
again
did
not
oppose
bail.
The
Supreme
Court
decision
brings
to
an
end
a
turbulent
bail
saga
that
began
early
last
month,
when
a
magistrate
and
then
High
Court
judge
Ngoni
Nduna
refused
Marconati
bail,
even
though
the
NPA
had
formally
consented
to
his
release.
In
that
earlier
ruling,
the
High
Court
acknowledged
that
the
prosecution
believed
the
magistrates’
court
had
erred
in
refusing
bail,
but
nonetheless
dismissed
Marconati’s
appeal,
citing
submissions
by
the
investigating
officer
that
he
was
a
flight
risk
and
had
a
propensity
to
commit
offences.
The
decision
triggered
widespread
debate
in
legal
circles,
especially
as
it
came
on
the
same
day
that
the
High
Court
granted
bail
to
Marconati’s
employee,
Mbekezeli
Ngwabi,
who
is
alleged
to
have
fatally
shot
a
man
who
trespassed
on
Duration
Gold
Limited
5
Mine
in
Inyathi
on
November
30.
Ngwabi
was
released
on
US$800
bail,
a
contrast
that
many
lawyers
described
as
deeply
troubling.
Senior
counsel
Uriri
had
argued
that
once
the
prosecution
concedes
bail,
“the
court
has
no
choice
in
the
matter
–
the
accused
must
be
released,”
a
position
now
effectively
vindicated
by
the
Supreme
Court’s
ruling.
Although
not
addressed
in
the
Supreme
Court
order,
Marconati’s
prolonged
detention
had
fuelled
claims
that
external
commercial
and
political
interests
were
influencing
the
case.
It
has
been
alleged
that
powerful
figures
linked
to
President
Emmerson
Mnangagwa’s
son,
Emmerson
Junior,
together
with
Li
Song,
a
Chinese
national
described
as
Marconati’s
former
business
partner
and
girlfriend,
were
seeking
to
gain
control
of
his
gold
mining
operations
in
Bubi
and
Inyathi,
Matabeleland
North,
and
that
keeping
him
incarcerated
weakened
his
ability
to
resist
such
moves.
These
allegations
have
not
been
tested
in
court
and
are
strongly
disputed
by
parties
close
to
those
named.
Marconati,
66,
runs
Eagle
Italian
Shoes
and
Eagle
Italian
Leather
in
Marondera,
gold
mining
interests
in
Matabeleland
North,
a
lodge
in
Mana
Pools
in
the
Zambezi
Valley,
and
Strengthened
Investments
(Private)
Limited.
His
companies
have
previously
supplied
leather
shoes,
helmets
and
baton
sticks
to
the
Zimbabwe
National
Army.