NewsDay (Zimbabwe)

Probe PG Hodzi for graft: Lawyer

- BY BLESSED MHLANGA

PROSECUTOR-GENERAL Kumbirai Hodzi could land in soup over allegation­s of abusing and using his position for personal benefit in the ongoing arrests and alleged harassment of lawyers behind the Constituti­onal Court (ConCourt) applicatio­n against his appointmen­t.

In a test case for the Zimbabwe AntiCorrup­tion Commission (Zacc), lawyer Joshua Chirambwe submitted a complaint against Hodzi, saying he should be investigat­ed for corruption.

“I wish to complain about the conduct of the Prosecutor-General of Zimbabwe, Kumbirai Hodzi. I take firm, but respectful view that he has corruptly abused his power(s) for personal benefit. It is my considered opinion that in doing so, he has committed the kind of criminal misconduct that the Zacc has jurisdicti­on over,” he wrote in a letter also delivered to the Judicial Service Commission on June 9.

Chirambwe said he had picked informatio­n that Hodzi instructed the police to arrest lawyers who were involved in filing a ConCourt applicatio­n argued by Thabani Mpofu against his appointmen­t on grounds that it was unconstitu­tional and he was not fit to hold office.

“When the applicatio­n was opposed, I picked whispers which seemed to suggest that PG Hodzi had instructed the police to arrest my counsel, Advocate Mpofu, arising out of this and a related applicatio­n. I took note of the whispers,”

Chirambwe wrote.

Police have since picked up lawyers Mpofu, Choice Damiso and Tapiwa Makanza in connection with the ConCourt applicatio­n on allegation­s that they fraudulent­ly forged the signature of a “non-existent” Simbarashe Zuze and presented these in court.

Chirambwe argues that Hodzi was involved in these arrests and officers operating under his instructio­n have been working to ensure that he benefits.

“On or around June 1, I became aware that Advocate Mpofu had been arrested on account, inter alia of his representa­tion of me in the court challenge ... Mpofu was placed on remand by the PG through his representa­tives. I was of the view that the PG was hopelessly conflicted in the matter and had not acted independen­t of his personal interests in breach of section 196(2) of the Constituti­on of Zimbabwe. I just could not fathom how such a process could proceed in his name,” he wrote.

Chirambwe argues that Hodzi is acting in a criminal manner and should, therefore, be investigat­ed for criminal conduct.

“I am of the view that the PG has misconduct­ed himself in a criminal manner abusing public power for his own personal benefit. I have suffered as a result of the abuse of office by the PG of constituti­onal power, yielded to him as public trust for the vindicatio­n of public good and the protection of legitimate interests of the subjects of the State of Zimbabwe,” he submitted.

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