Source: Mangudya in a Catch-22 – NewsDay Zimbabwe July 4, 2019
BY BLESSED MHLANGA
RESERVE Bank of Zimbabwe (RBZ) governor John Mangudya would be improperly before the courts if he does not sue Zanu PF after being named by the party’s youth league as dabbling in corruption and fronting illegal foreign currency trade, legal experts have said.
Mangudya, in a $1 million letter of demand and threat of a lawsuit, only cited youth league boss Pupurai Togarepi and his deputy Lewis Matutu and left out Zanu PF.
Midlands State University law lecturer Valentine Mutatu said Mangudya must also sue Zanu PF because the youth league leaders did not act in their personal capacities.
“There is an issue of vicarious liability, in the same manner that his lawyers cited Togarepi who was not part of the press conference, he should have cited Zanu PF, given that Matutu is an employee of Zanu PF.
The youth league is an arm of Zanu PF and the Press conference was held at the party headquarters.
Unless there are special circumstances, the lawsuit would be amiss if Zanu PF is not included,” Mutatu said.
The youth league has insisted that their actions were aiding the cause of party leader President Emmerson Mnangagwa to fight corruption.
“We are doing this as the youth league, this is not an issue of an individual; this is why we all addressed the press conference.
It’s not a Matutu thing or a Tsenengamu matter; this is about everyone,” Matutu told NewsDay yesterday.
He insisted that the youth had dossiers of evidence and dared Mangudya to take his lawsuit to court.
“We did not just wake up with allegations; we have the specific allegations which can be substantiated.
Those who want to take us on, they should do so, they have to take on the whole of Zanu PF,” he said.
This will put Mangudya in a Catch-22 situation if he is to drag his bosses’ party to the courts for accusing him of being corrupt. If he wins, then Zanu PF will have to folk out the money or get its property attached.
However, another lawyer, Prayers Chitsa said Mangudya could sue the youth league leaders in their individual capacities and leave out Zanu PF.
“They are an arm of Zanu PF and not the decision-making body like the central committee or politburo. The youth leaders cannot hide under the veil of the party, they have to face their own demons,” Chitsa said.