Le­gal ex­perts slam Prof Moyo

Chronicle (Zimbabwe) - - National News - Harare Bureau

LE­GAL ex­perts and po­lit­i­cal an­a­lysts have slammed Higher and Ter­tiary Ed­u­ca­tion, Sci­ence and Tech­nol­ogy De­vel­op­ment Min­is­ter Pro­fes­sor Jonathan Moyo for un­der­min­ing Pres­i­dent Mu­gabe after he claimed that con­sti­tu­tional bodies such as the Zim­babwe An­ti­Cor­rup­tion Com­mis­sion and the Na­tional Pros­e­cut­ing Au­thor­ity were not prop­erly con­sti­tuted.

In a state­ment that he re­leased to the pri­vate me­dia last Wed­nes­day, Prof Moyo at­tacked con­sti­tu­tion­ally es­tab­lished in­de­pen­dent com­mis­sions, prin­ci­pally the NPA and ZACC.

He de­scribed as “patently un­law­ful”, the ap­point­ment of mem­bers to the two bodies.

Pres­i­dent Mu­gabe swore-in the mem­bers ap­pointed to those bodies in Fe­bru­ary.

Lawyer Mr Tendai Toto on Thurs­day said that Prof Moyo’s state­ment was not only an at­tack on the Pres­i­dent but also on in­sti­tu­tions that ad­vised him be­fore ap­point­ing mem­bers of ZACC and the NPA.

“Prof Moyo al­leged that the Pres­i­dent wrong­fully made the two ap­point­ments of the chair­per­son of ZACC (in­ves­ti­ga­tions com­mit­tee), Mr Nguni and the ap­point­ment of the act­ing Pros­e­cu­tor Gen­eral Ad­vo­cate Ray Goba,” said Mr Toto.

“The au­thor­ity and wis­dom of the Pres­i­dent is be­ing ques­tioned to make these ap­point­ments. The ad­vice that may have been made by the Ju­di­cial Ser­vice Com­mis­sion to the Pres­i­dent re­gard­ing the ap­point­ment of the act­ing Pros­e­cu­tor Gen­eral is also ques­tioned by Prof Moyo. The lat­ter, in sim­i­lar fash­ion, ques­tions the au­thor­ity and wis­dom of the Pres­i­dent to ap­point chair­per­son of ZACC con­demn­ing in equal mea­sure the sup­posed con­sul­ta­tion that the Pres­i­dent con­ducted with the Com­mit­tee on the Stand­ing Rules and Or­ders.

“The im­pli­ca­tion is that the JSC and the Com­mit­tee on the Stand­ing Rules and Or­ders can be ac­com­plices to the il­le­gal ex­ec­u­tive acts and con­duct per­pe­trated by His Ex­cel­lency Pres­i­dent Mu­gabe that of ap­point­ing the chair­per­son of ZACC and the act­ing Pros­e­cu­tor Gen­eral. The ad­vice and rec­om­men­da­tions given to the Pres­i­dent and re­liance on these is ac­cord­ing to Prof Moyo, dust­bin ma­te­rial.”

Mr Toto con­tin­ued: “The press state­ment by Pro­fes­sor Moyo can be sum­marised thus, it is a bou­quet of scat­ter bomb­ing al­le­ga­tions of wrong­ful and il­le­gal ex­er­cise of ex­ec­u­tive func­tions by the Pres­i­dent of Zim­babwe, His Ex­cel­lency, Pres­i­dent Robert Mu­gabe, par­ti­san and po­lit­i­cally mo­ti­vated wrong­ful and il­le­gal ex­er­cise of State re­lated func­tions and con­duct by the Pres­i­dent of Zim­babwe, Vice Pres­i­dent Em­mer­son Mnan­gagwa, the per­ma­nent sec­re­tary, Mr Ge­orge Charamba, the chair­per­son ZACC, Mr Nguni, and the act­ing Pros­e­cu­tor Gen­eral Mr Goba among other Gov­ern­ment of­fi­cials not men­tioned by names.

“The al­le­ga­tions seem de­fen­sive to the cor­rup­tion al­le­ga­tions lev­elled against Prof Moyo by ZACC and are typ­i­cally ‘a snooker shot that is hit to whom it may con­cern call­ing for the at­ten­tion of all pock­ets’.

Ac­cord­ing to Prof Moyo, Mr Toto said, the ap­point­ment of ZACC chair­per­son (in­ves­ti­ga­tions com­mit­tee) and the act­ing Pros­e­cu­tor Gen­eral were far­ci­cal and void.

He said the best per­sons to an­swer to Prof Moyo’s claims on the ap­point­ments of ZACC chair­per­son (in­ves­ti­ga­tions com­mit­tee) and the act­ing Pros­e­cu­tor Gen­eral were Pres­i­dent Mu­gabe, the JSC and the Com­mit­tee on the Stand­ing Rules and Or­ders.

Po­lit­i­cal sci­en­tist Mr Maxwell Saung­weme said Prof Moyo was un­der­min­ing the per­son who ap­pointed him to the po­si­tion of min­is­ter be­cause he was the same per­son who ap­pointed con­sti­tut­ing in­sti­tu­tions he was at­tack­ing.

“He is also even un­der­min­ing the au­thor­ity of the very per­son who ap­pointed him, who ap­pointed the Vice Pres­i­dent and ZACC,” said Mr Saung­weme.

“Gone are the times when you try to quash cor­rup­tion al­le­ga­tions by threat­en­ing law­suits and seek­ing to un­der­mine me­dia free­dom and in­de­pen­dence of in­sti­tu­tions. He needs to ad­dress the ac­tual cor­rup­tion al­le­ga­tions lev­elled against him and al­low facts and the law to ex­on­er­ate him and seek to sub­vert jus­tice by threat­en­ing pre­ma­ture law­suits.

“He is to­tally con­fused. As a Gov­ern­ment min­is­ter, he is not above the law and must sub­mit to in­de­pen­dent com­mis­sions and not un­der­min­ing them. He is even un­der­min­ing the con­sti­tu­tion he swore to up­hold.”

A Harare lawyer who re­fused to be named said: “His state­ment is ac­tu­ally shame­less. Why is he threat­en­ing to sue Zim­pa­pers alone as if it is the only me­dia house that wrote about Zim­babwe Man­power De­vel­op­ment Fund (Zimdef) ? If my mem­ory still serves me well, I re­mem­ber that the story was bro­ken by the Zim­babwe In­de­pen­dent and Zim­pa­pers only picked it from them. Why is he not su­ing Al­pha Me­dia Hold­ings as well? He should sim­ply sub­mit to the law just like any other ci­ti­zen and if he is in­no­cent the court will clear him. His the­atrics of try­ing to hide be­hind a tribal card can­not be en­ter­tained at law.”

Vice Pres­i­dent Phelekezela Mphoko’s wife Lau­rinda (right) dis­trib­utes 3 250 chicks to Cow­dray Park res­i­dents in Bulawayo yes­ter­day

Dr Lazarus Dokora

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