Source: Concourt to decide on informer’s immunity | The Herald August 3, 2017
Fungai Lupande Court Reporter—
A Harare magistrate on Tuesday referred to the Constitutional Court, the legal battle for immunity of an informer who exposed crime involving senior police officers and members of the Central Intelligence Organisation. The official informer, Delish Nguwaya (32), is accusing the police of hoodwinking him into giving up self-incriminating information which they used to charge him with three others.
Nguwaya, through his lawyer Mr Jonathan Samukange, said he gave up the information incriminating members of the CIO and senior police officers in exchange for immunity.
Regional magistrate Mr Temba Kuwanda said it was clear that the source of information was Nguwaya.
“Information supplied by the applicant (Nguwaya) is what caused a taskforce comprising the police and CIO to be put in place to weed out the rot,” said the magistrate.
“The complainant in the criminal matter, a Chinese national was not eager to press-charges and Nguwaya was the source of information.
“State misled the court into believing that immunity is granted by the Prosecutor-General. Contrary chief law officer at the National Prosecuting Authority Chris Mutangadura said the PG can only decide to make a person an accomplice witness but the decision to grant immunity rests with the court.
“Superintendent Nyambo Viera said it was Mutangadura’s decision to deny Nguwaya immunity, but it was clear when Mutangadura testified in court that the decision did not come from him.
“Supt Viera’s attitude against Nguwaya clouded his judgment such that he rubbished the information supplied. This saw Chief Superintendent Nyaradzai Majachani and Superintended Shepard Tachiona who were implicated in the criminal activities not being charged.”
Mr Kuwanda added that it was clear that Nguwaya supplied information and an affidavit in return to be considered a witness.
He ruled that the Constitutional Court has to decide on whether or not the decision to charge Nguwaya after he supplied vital information was in violation of the Constitution.
The matter was postponed to November 1 pending the Constitutional Court decision.
Nguwaya is jointly charged with a member of the CIO Zano Vengayi (33), Clever Gadzikwa (36) and Mbereki Mbizo Nyathi, who is a former member of the CIO, on allegations of extorting $20 000 from Baoning Guo, a Chinese national.
The matter exposed rot at the CIO and the police.
CIO deputy director Kizito Gweshe accused the police of protecting the rot in their system while Supt Viera accused Gweshe of imposing himself on the taskforce.