Harare magistrate Mr Elijah Makomo removed the trio from remand after their lawyer Mr Admire Rubaya challenged their placement on remand.
The State has no case against the trio on charges of abuse of office, but can bring them to court on a different charge using the same allegations. Mr Rubaya argued that the trio, HMMAS chairperson Shasekant Jogi, MDC-T Ward 43 councillor Panganai Charumbira, and city health director Prosper Chonzi were wrongly charged and did not abuse their offices because HMMAS is not part of Harare City Council.
“There are full council resolutions by the then mayor, Muchadeyi Masunda, which indicate that the medical aid scheme is now a private organisation.”
The trio was facing charges of abuse of duty as public officers and was accused of awarding themselves hefty sitting allowances.