Prosecutor General Johannes Tomana has filed an application seeking the court to allow him to be tried by a foreign judge.
Tomana is on bail for criminal abuse of duty as a public officer or alternatively defeating or obstructing the course of justice after he allegedly ordered the release of Makumbe and Pfupa and turned them into witnesses.
Pfupa and Makumbe — who are attached to 1 Field Regiment and Zimbabwe Intelligence Corps, respectively — are challenging their placement on remand on the basis that Tomana had not authorised their prosecution.
The two soldiers are accused of trying to petrol-bomb the First Family’s Alpha Omega Dairy Farm in Mazowe.
According to the state media Tomana is of the opinion that judges in Zimbabwe will not be impartial in dealing with his case.
The High Court is expected to determine the matter next week.
PG Tomana is challenging the Judicial Service Commission’s intentions to investigate his suitability to continue holding office.
The JSC is basing their arguments with the cases in which he is believed to have erred.