‘Cops not ready to ar­rest Prof Moyo’

Chronicle (Zimbabwe) - - National News - Daniel Ne­mukuyu Harare Bureau

HIGHER and Ter­tiary Ed­u­ca­tion, Sci­ence and Tech­nol­ogy Devel­op­ment Min­is­ter Pro­fes­sor Jonathan Moyo, who is un­der fire over al­le­ga­tions of abus­ing $450 000 from the Zim­babwe Man­power Devel­op­ment Fund (Zimdef) said the po­lice were not ready to ar­rest him and the courts have no ju­ris­dic­tion to or­der his ar­rest.

Op­pos­ing an ap­pli­ca­tion by a Harare ven­dor, Mr Hardlife Mudz­ingwa to have him ar­rested on cor­rup­tion charges, Prof Moyo de­posed an af­fi­davit stat­ing that Com­mis­sioner-Gen­eral Au­gus­tine Chi­huri, who was cited in his of­fi­cial ca­pac­ity as third re­spon­dent, had in­di­cated that he was not ready to ar­rest him.

To that end, Prof Moyo said no one else had the dis­cre­tionary power to have him ar­rested.

“The first mem­ber of the ZRP is be­fore the court as the third re­spon­dent. The third re­spon­dent has filed an af­fi­davit and is not ‘ready’ to ar­rest me. It is not the ea­ger­ness of any­one that brings any­one or places any­thing be­fore a court of law. The pro­ce­dure that at­tends to how a crim­i­nal process may be ac­ti­vated does not in­volve that.

“If the po­lice have no cause to be­lieve rea­son­ably that one has committed a crime, then that is the end of the mat­ter. It ren­ders the sus­pi­cion of ev­ery­one else, in­clud­ing fourth re­spon­dent (Zacc) and ap­pli­cant’s , un­rea­son­able. No ar­rest en­sues,” said Prof Moyo.

He said the High Court has no ju­ris­dic­tion to com­pel such ar­rests.

“This court has no role to play in the de­ter­mi­na­tion of whether or not there is a rea­son­able sus­pi­cion that I have committed an of­fence. That is the sole con­sti­tu­tional pre­rog­a­tive of the third re­spon­dent (Com­mis­sion­erGen­eral of Po­lice), who may be di­rected to in­ves­ti­gate by the fourth re­spon­dent.

“Whether I should be ar­rested or not, is a dis­cre­tionary mat­ter within the prov­ince of the third re­spon­dent, which dis­cre­tion must be ju­di­ciously ex­er­cised within strict con­sti­tu­tional guide­lines.

“It is not a mat­ter upon which this court can give di­rec­tion.”

Prof Moyo said Mr Mudz­ingwa’s ap­pli­ca­tion was more of a po­lit­i­cal war waged against him un­der the guise of an ur­gent cham­ber ap­pli­ca­tion.

“He has abused the process of court to launch a spon­sored po­lit­i­cal war against me solely to ha­rass and an­noy me in the per­pet­u­a­tion of a ma­li­cious po­lit­i­cal agenda against me.

“I am a vic­tim — his vic­tim and his spon­sors. I re­serve the right to se­cure le­gal recom­pense for this un­jus­ti­fied abuse,” reads Prof Moyo’s af­fi­davit. He de­nied the al­le­ga­tions lev­elled against him. “I must state at the out­set that I deny each and ev­ery al­le­ga­tion of im­pro­pri­ety lev­elled against me in the dis­charge of my con­sti­tu­tional man­date as a del­e­gate of His Ex­cel­lency, the Pres­i­dent of the Repub­lic of Zim­babwe. I specif­i­cally re­it­er­ate that I have at all ma­te­rial times faith­fully ad­hered to my oath of of­fice as a pub­lic ser­vant. I have loy­ally and faith­fully dis­charged my con­sti­tu­tional obli­ga­tions as a law-abid­ing cit­i­zen,” the af­fi­davit reads.

Jus­tice Loice Matanda-Moyo yes­ter­day de­ferred the hear­ing of the mat­ter to Fri­day to al­low Mr Mudz­ingwa’s lawyers to file an an­swer­ing af­fi­davit and other pa­pers rel­e­vant to the case.

In the ur­gent cham­ber ap­pli­ca­tion, Mr Mudz­ingwa listed Prof Moyo, Vice Pres­i­dent Phelekezela Mphoko, Com­mis­sioner-Gen­eral of Po­lice Dr Au­gus­tine Chi­huri and the Zim­babwe Anti-Cor­rup­tion Com­mis­sion (ZACC) as re­spon­dents.

“Pend­ing the con­fir­ma­tion or dis­charge of the pro­vi­sional or­der, an in­terim relief is hereby granted on the fol­low­ing terms — that third re­spon­dent (Dr Chi­huri) be and is hereby or­dered and di­rected to bring first re­spon­dent (Min­is­ter Moyo) be­fore a court of law on the var­i­ous pub­li­cised crim­i­nal al­le­ga­tions that he is fac­ing and shall, to the ex­tent that it is nec­es­sary, ef­fect his ar­rest,” read part of the draft of the in­terim or­der sought.

In his pa­pers, Mr Mudz­ingwa said it was his con­sti­tu­tional right as a Zim­bab­wean cit­i­zen to have Min­is­ter Moyo “brought be­fore eq­uity”.

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