Moyo itching for day in court

Source: Moyo itching for day in court – DailyNews Live

Andrew Kunambura      22 September 2017

HARARE – Higher and Tertiary Education minister Jonathan Moyo, pictured,
is ready to clear his name in the wake of a ruling by the Constitutional
Court (ConCourt) that threw out his application.

In a statement issued through his lawyer, Hussein Ranchhod and Company, on
Wednesday Moyo said he was looking forward to the opportunity to present
the appropriate evidence and facts that would “once and for all clear his
name”.

“The ConCourt today (Wednesday) issued its verdict on our client’s
challenge to the legality of his arrest by Zacc, the directive by the
Prosecutor-General to order his arrest, the arresting powers of Zacc (the
Zimbabwe Anti-Corruption Commission) and the validity of search warrants
issues by Zacc.

“The ConCourt did not make a ruling on the issues that were brought before
it, indicating that it was not the forum for such pronouncements,” the
statement reads.

“In its opinion, such a ruling can and should be made by a lower court,
notably the magistrates’ court. The ConCourt in no way condoned nor
confirmed the legality of the arresting parties in this dispute,” Moyo’s
lawyers further wrote.

They also said Moyo maintained that his arrest was unlawful, and suggested
he was taking the matter to the Executive after the judiciary pronounced
itself on the matter.

“Our client maintains that he was unlawfully arrested and looks forward to
challenging, with the utmost vigour, this conduct in the appropriate
forum.

“As regards to the charges levelled against him, our client reiterates his
innocence and again looks forward to the opportunity to present the
appropriate evidence and facts that will once and for all clear his name,”
the statement further says.

On Wednesday, the ConCourt dismissed Moyo’s bid to challenge his arrest by
Zacc.

Technically, he now has to answer to a raft of charges being preferred
against him by Zacc before the magistrates’ court.

Moyo had been arrested by Zacc last November after he was accused of
defrauding the Zimbabwe Manpower Development Fund (Zimdef) of over $400
000.

The Zanu PF Tsholotsho North Member of Parliament immediately approached
the apex court challenging Zacc’s arresting powers.

It is this ConCourt application which was thrown out on Wednesday.

The court ruled it was outside its jurisdiction to determine the question
of the lawfulness of his arrest since they are covered by Acts of
Parliament, which are dealt with by the lower courts.

The ruling by the ConCourt basically puts Moyo at the mercy of Zacc, which
the Higher and Tertiary Education minister has persistently accused of
being at the beck and call of Vice President Emmerson Mnangagwa.

Recently, President Robert Mugabe revealed that the tiff between Moyo and
Mnangagwa stemmed from the 2004 “Tsholotsho Declaration” that saw the
latter being expelled from Zanu PF.

In the context of the factional fights playing out in Zanu PF, Moyo and
Mnangagwa belong to opposing camps.

Moyo is thought to be a key member of the Generation 40 (G40) faction
opposed to the prospect of Mnangagwa becoming Mugabe’s heir apparent.

Team Lacoste, a rival to G40, is fighting in Mnangagwa’s corner.

Zacc has also been caught up in the factional fights.

While the commission is supposed to be independent, its critics allege
certain of the vice president’s allies, of note Goodson Nguni, are in
charge of key organs in Zacc.

Whereas in the past Zacc was under the Home Affairs ministry, it is now
administered under the Office of the President and Cabinet, where
perceived staunch allies of Mnangagwa, among them the chief secretary to
the President and Cabinet, Misheck Sibanda, wield enormous influence.

Crucially, there is a perception that the justice delivery system is prone
to manipulation by the Executive. As the Justice, Legal and Parliamentary
Affairs minister, Mnangagwa has oversight over the justice delivery system
hence there is concern among functionaries in the Generation 40 faction
that the ConCourt ruling has thrown Moyo into the vice president’s hands.

Legal experts said yesterday political control and manipulation could see
the case being dealt with impartially.

Dewa Mavhinga, a legal expert and Southern Africa director at Human Rights
Watch, said the administration of justice and the judiciary in Zimbabwe
was compromised and subject to political control and manipulation so much
that it was difficult to say with any degree of accuracy whether Moyo’s
case would be dealt with impartially.

“A lot will unfortunately depend on political influence and factional
control of the instruments of justice administration,” he said.

“Moyo’s case points to the urgent need for comprehensive reform of
institutions of justice to ensure that they are genuinely independent and
have the capacity to deliver justice without any consideration to
political factions,” he added.

Other law experts said the ConCourt ruling opens doors for Zacc to pursue
and arrest Moyo and take him to the magistrates’ court for trial.

University of Zimbabwe constitutional law lecturer, Greg Linnington, said
while he was still to study the matter in detail, it was possible that
Moyo can now be arrested and brought before the magistrates’ court.

Another lawyer, Jacob Mafume, who is also spokesperson of the People’s
Democratic Party, said Moyo can now be brought to court like all citizens
of the country.

“Yes, he can be arrested. He confuses political drama as legal arguments,”
said Mafume.

Meanwhile, the Zimbabwe National Students Union (Zinasu) has welcomed the
ruling by the ConCourt.

Makomborero Haruzivishe, the secretary-general for Zinasu, said it was
important that the truth be known since tens of thousands of students were
failing to pay fees as they were now being forced to fill the gaps created
by rampant corruption in the education sector.