Court asked to force Zacc to arrest Moyo on embezzlement charges

A Harare man pushing for the prosecution of Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo for allegedly abusing public funds, says nothing stands in the way of the Zimbabwe Anti-Corruption Commission (Zacc) from bringing the minister to court.

Mr Hardlife Mudzingwa, who approached the High Court seeking to compel police to arrest Prof Moyo, yesterday sought an amendment to his provisional order. He now wants Zacc compelled to bring Prof Moyo before a court of law.This emerged during a brief hearing of his urgent chamber application before Justice Loice Matanda-Moyo.

The anti-corruption body is on record saying it has a complete docket of the case.Justice Matanda-Moyo, however, deferred the hearing to October 25 to allow Prof Moyo to file his opposing papers. Both parties’ counsels confirmed the latest development.

“The judge postponed the matter to allow Prof Moyo to file his papers,” said Advocate Sylvester Munyaradzi Hashiti, instructed by Mr Simon Mupindu of Mupindu Legal Practitioners, acting for Mr Mudzingwa.

“She also wants Zacc to respond to the amended provisional order. We are saying nothing can stop Zacc from proceeding with the matter against Minister Moyo if the investigations are complete and thorough as they claim.”

<p
“Our client was only served with the papers shortly before the hearing of the matter in the afternoon.

“We also protested the fact that the application and its imminent date of hearing was already public knowledge since the media had written and published it before our client was served.”

Mr Mudzingwa’s lawyers amended the order after the Acting Police Commissioner-General Josephine Shambare said they had not arrested Prof Moyo because no report was made to that effect.

Deputy Commissioner-General Shambare said this in response to Mr Mudzingwa’s application seeking to compel the police to arrest the minister and cause his prosecution.

She stated in her founding affidavit filed in the High Court on Monday that the Criminal Procedure and Evidence Act (Chapter 9:07) sets out the parameters within which police perform their duties.

Zacc, she said, was empowered by the Constitution to direct police to investigate cases of suspected corruption or to require assistance from the police service.

The Acting Police Chief also stated that Mr Mudzingwa did not allege nor prove that police was directed to investigate (Prof Moyo and refused.She further stated that the anti-corruption body could at law refer matters to the National Prosecuting Authority for prosecution.

Mr Mudzingwa, she said, has failed to prove that police refused to perform its duty and that there was no other sufficient legal remedy. She would urge the court to throw out Mr Mudzingwa’s case.

“It is clear that this application was manifestly ill-conceived and is nothing but an abuse of court process,” she said.

In his application, Mr Mudzingwa is also seeking an order for the executive to distance itself from Prof Moyo’s prosecution. He said it was his constitutional right as a Zimbabwean citizen to have Minister Moyo “brought before equity”

Prof Moyo, he said, should be given the chance to prove that he is a true Robin Hood and that the law allows him to abuse public funds arguing he cannot plead his cause, before Cabinet, the Politburo or on Twitter.

Mr Mudzingwa attacked Vice President Phelekezela Mphoko’s statement that Prof Moyo could not be arrested without President Mugabe’s consent as wrong and unacceptable at law.

The VP’s conduct, he said, gave the impression that the constitutional ideals underpinning the establishment of Zacc were not high on the State’s agenda. To support his case his case, Mr Mudzingwa cited various sections of the Constitution. – Herald

Related Posts
RBZ’s new bond notes: key facts
HARARE,– The Reserve Bank of Zimbabwe has announced plans to introduce local “bond notes” to circulate alongside a basket of foreign currencies adopted in 2009, in a bid to ease ...
READ MORE
Zimbabwe MP Promises Fireworks in Parly On Trafficked Women
HARARE— Parliamentarian Priscilla Misihairambwi-Mushonga says the 32 women and girls who were repatriated back to Harare on Saturday have now been assisted to return to their families following a brief ...
READ MORE
Tafadzwa Musarara; a fraudster, rapist and woman beater
A few years ago, Mr. Tafadzwa Musarara, a married man, forced himself on Cynthia Wozhele. Having beaten her to a pulp, and forced her into sexual relations, the lady fell ...
READ MORE
Doomed Mnangagwa ponders future
Vice-President Emmerson Mnangagwa is reportedly pondering his future in government after Friday’s vicious attack by First Lady Grace Mugabe. OBEY MANAYITI/KENNETH NYANGANI Grace at a Zanu PF rally in Chiweshe on Friday ...
READ MORE
Zanele Moyo’s heart was knicked in SA
BULAWAYO - Professor Jonathan Moyo’s daughter, Zanele, was buried without a heart, The State media revealed. Just days after Zanele was laid to rest in Harare, the Higher and Tertiary ...
READ MORE
Zanu (PF) splits as party stalwarts form new splinter party called Zanu (People First)
HARARE - Zanu PF has now officially split into two distinct and bitterly-opposed formations, with disaffected party stalwarts — including liberation struggle pioneers, war veterans and security sector bigwigs — ...
READ MORE
Nhema, Buka humiliated at Mnangagwa function
FORMER Indigenisation minister Francis Nhema and ex-Minister of State in the President’s Office, Flora Buka were on Friday blocked from greeting Acting President Emmerson Mnangagwa at a state function in ...
READ MORE
MDC-T denies Tsvangirai nearly destitute by Trevor Ncube’s newspaper
THE MDC-T party has dismissed as “hogwash” claims its leader, still a guest of the State at a posh Harare villa, is nearly destitute as the opposition party struggles with ...
READ MORE
Tell Your Father to Quit, Says Ex-Zanu-PF Youth Leader
BONA Mugabe-Chikore should advise her father, President Robert Mugabe, to "see reason" and resign as demanded by fed-up Zimbabweans who have staging protest around the country, a Zanu PF youth ...
READ MORE
Zim woman ‘cut into six pieces’ in Joburg – report
Harare - A Zimbabwean woman who was recently found beheaded in Johannesburg was "cut into six pieces," a relative has told a newspaper in her country. Gauteng police have said that ...
READ MORE
RBZ’s new bond notes: key facts
Zimbabwe MP Promises Fireworks in Parly On Trafficked
Tafadzwa Musarara; a fraudster, rapist and woman beater
Doomed Mnangagwa ponders future
Zanele Moyo’s heart was knicked in SA
Zanu (PF) splits as party stalwarts form new
Nhema, Buka humiliated at Mnangagwa function
MDC-T denies Tsvangirai nearly destitute by Trevor Ncube’s
Tell Your Father to Quit, Says Ex-Zanu-PF Youth
Zim woman ‘cut into six pieces’ in Joburg

Arts & Entertainment

Arts & Entertainment

Drake ends Sheeran’s Billboard 200 reign, smashes streaming record

27th March 2017 Staff Reporter 0

Drake ended Ed Sheeran’s two week reign atop the Billboard 200 album chart on Monday, selling a monster 505,000 copies of his new album “More Life,” according to figures from Nielsen SoundScan. The Canadian rapper, […]

Arts & Entertainment

Ex-Utakataka bassists to launch album in Mzansi

25th March 2017 Staff Reporter 0

RONNIE Mudhindo’s musical journey is not complete without the mentioning of his early days with the late Tongai “Dhewa” Moyo and Utakataka Express band. The reference involves both sweetness and sourness. Utakataka fans may remember […]