Nyore Madzianike Senior Court Reporter
The director police Intelligence Commissioner Douglas Nyakutsikwa yesterday made an application for referral of his matter to the Constitutional Court (ConCourt) where he intends to challenge the constitutionality of the establishment of the Special Anti-Corruption Unit (SACU) headed by Mr Thabani Mpofu.
Com Nyakutsikwa, who is jointly charged with City of Harare director of works and housing services Addmore Nhekairo on criminal abuse of office, said he wants the ConCourt to make an order declaring SACU’s activities unconstitutional.
He also indicated that he wants the ConCourt to declare his arrest, brief detention and prosecution under the Ministry of Justice, Legal and Parliamentary Affairs unconstitutional, a legal nullity and void.
Making an application for referral of the matter to the ConCourt on behalf Com Nyakutsikwa, lawyer Mr Tapson Dzvetero said: “The first accused is challenging the constitutionality of SACU and he wishes this court to refer the aforesaid issues to the highest court on constitutional issues -ConCourt- to make judicial pronouncements on the issues aforesaid.
“He will seek amongst other ancillary issues if this matter is referred for an order declaring that the conduct of the establishment of the Special Anti-Corruption Unit be here declared unconstitutional and of no legal effect.”
He will seek that ConCourt declare his arrest, brief detention and prosecution under the co-ordination of Ministry of Justice be and here declared unconstitutional, a legal nullity and void.
“He will seek the ConCourt to order a permanent stay of his prosecution.
Mr Dzvetero said he also intends to challenge the powers of SACU in arresting, detention and prosecution of suspects and the involvement of the Ministry of Justice and Parliamentary Affairs in the processes.
He took Com Nyakutsikwa to the witness stand to testify on other reasons why he decided to take the matter to the ConCourt.
In his testimony, Com Nyakutsikwa told the court that he noted that people employed under SACU, including its director Mr Thabani Mpofu and his deputy Mr Pearson Mbalekwa, were not public officials.
“I thought since they were under SACU they were civil servants. I thought since they were under President Office they were part of our intelligence world, that is, maybe under Military Intelligence Department or Central Intelligence Organisation,” he said.
“This led me to tell them information that was classified and sensitive. I gave them information that should not be shared with someone who is not under oath. When you hold such office you should be public officer.”
Com Nyakutsikwa said he was surprised to note that they SACU director Mpofu and his deputy were not even civil servants despite being paid by tax payers’ money and using Government facilities.
“Mpofu and Mbalekwa are earning Government money and using facilities that must be for civil servants. Their earnings should be coming from a particular Government vote,” he said.
Com Nyakutsikwa narrated how he was arrested although he refused to divulge some of the details, which he said were classified and not fit for public consumption.
He told the court that he relinquished the stand that SACU alleges was corruptly allocated to him after connivance with Nhekairo to City of Harare after being advised by the Environmental Management Authority that it was on wetland.
“I said no if you check for my records it will show that I was given when I was chief staff officer in 2018 and I was on the waiting list. I relinquished the stand because I did not want to be involved in scandals. I approached the director general EMA because I wanted to understand the implications of building at that stand,” he said.
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