Supreme Court Grants Bail to Businessman Marconati After Prolonged Legal Battle

The Supreme Court has granted bail to businessman Francesco Marconati (image source)

BULAWAYO — The Supreme Court has granted bail to Italian-born businessman Francesco Marconati, overturning a High Court ruling that had kept him in custody despite the National Prosecuting Authority (NPA) not opposing his release.

In a judgment delivered on 31 December 2025, Supreme Court judge of appeal Justice Tendai Uchena allowed Marconati’s bail appeal by consent, setting aside the High Court decision and admitting him to bail pending trial.

“The appellant’s bail appeal be and is hereby allowed. The decision of the court a quo is set aside,” Justice Uchena ruled.

Marconati was granted bail in respect of three matters arising from cases registered at Inyathi Magistrates Court, including alleged contraventions of the Firearms Act and one count of assault.

Under the bail conditions, Marconati is required to deposit US$2,000, split across two criminal cases, report to Inyathi Police Station once every fortnight, surrender his passport, and remain resident at Queens Mine, Bubi–Inyathi, Matabeleland North, until the matters are finalised. He was also ordered not to interfere with State witnesses.

The application was argued by Advocate Lewis Uriri on behalf of Marconati, while T.P. Mutarisi appeared for the NPA, which again did not oppose the granting of bail.

The Supreme Court ruling brings to an end a contentious bail process that began earlier in December, when both a magistrate and High Court judge Ngoni Nduna denied Marconati bail, citing submissions by the investigating officer that he was a flight risk and had a propensity to commit further offences, despite the prosecution’s formal consent to his release.

The decision has drawn attention within legal circles, particularly as it followed the High Court’s granting of bail to Marconati’s employee, Mbekezeli Ngwabi, who is accused of fatally shooting a trespasser at Duration Gold Limited 5 Mine in Inyathi on 30 November. Ngwabi was released on US$800 bail, a disparity some lawyers described as troubling.

During submissions, Advocate Uriri argued that once the prosecution concedes bail, “the court has no choice in the matter — the accused must be released,” a position now effectively affirmed by the Supreme Court.

Although not addressed in the ruling, Marconati’s prolonged detention had sparked speculation about possible external commercial and political interests influencing the case. Allegations — strongly disputed and not tested in court — suggested that figures linked to President Emmerson Mnangagwa’s son, Emmerson Junior, and Chinese national Li Song, Marconati’s former business partner, were seeking control of his mining operations in Bubi and Inyathi.

Marconati (66) is the proprietor of Eagle Italian Shoes and Eagle Italian Leather in Marondera, has gold mining interests in Matabeleland North, operates a lodge in Mana Pools, and is a director of Strengthened Investments (Private) Limited. His companies have previously supplied leather shoes, helmets and baton sticks to the Zimbabwe National Army.