Fresh detention threat for Moyo

HARARE - In yet another twist to the graft storm surrounding Higher Education minister Jonathan Moyo, the State yesterday applied for a warrant of arrest against him at the Harare Magistrates’ Courts, although the Constitutional Court subsequently moved to stay the embattled Tsholotsho North Member of Parliament’s prosecution.

But his deputy and co-accused in the multiple corruption charges that he faces, Godfrey Gandawa, was not so fortunate, and was due to spend last night in custody, following the State’s strong objection to his bail application.

Moyo was absent when the State applied for a warrant of arrest against him, with Harare provincial magistrate, Vakayi Douglas Chikwekwe, postponing his determination on the application to today.

However, in his later ruling on Moyo’s application for relief in the Constitutional Court, Chief Justice Godfrey Chidyausiku ordered that the current criminal proceedings against him be stayed (suspended) pending the determination of his application in the apex court.

Speaking to the Daily News last night, Moyo’s lawyer Terrence Hussein also asked the State to leave Moyo alone in the meantime.

“They should leave Moyo alone until such a time that the Constitutional Court makes a determination on his rights. We will be filing our last papers on the third of December and after that, that is when the registrar will tell us when the Constitutional Court will deliberate on the matter,” he said, intimating that the legal brawl between the State and Moyo still had a long way to go.

Moyo and Gandawa are being jointly charged on allegations of criminal abuse of office, fraud, money laundering, defeating the course of justice and concealing their personal interest in various transactions relating to Zimbabwe Manpower Development Fund (Zimdef) monies.

“The second accused person (Moyo) is not present in court but was arrested on November 2 and there was an undertaking that he would appear today (yesterday), within the 48-hour period as provided by the Constitution.

“I have an indemnity signed by his lawyer that he would make his client available and in the same document it was noted that failure of the accused person to appear he would be arrested and detained,” prosecutor Lovett Masuku said as he addressed Chikwekwe.

And in opposing Gandawa’s bail application, Masuku argued that the deputy minister was not “a suitable candidate” for bail because he had allegedly manipulated documents linking him to the claimed offences.

According to the State, between December 2015 and April this year, Gandawa corruptly concealed his personal interest in various transactions when he engaged his company Fuzzy Technologies, where he is a co-director with his daughter Clarence, to supply the ministry with 170 computers worth $107 525.

He also allegedly supplied an additional 75 computers worth $42 250, as well as materials meant for use at the Zimbabwe International Trade Fair, valued at $185 525.

The continuing drama surrounding Moyo, follows Zacc’s surprise summoning and detention of the Higher Education minister for five hours on Wednesday, following weeks of ping-pong attacks between the statutory anti-graft body and the embattled Zanu PF politburo member.

This also came after the under-siege Moyo stunningly accused Vice President Emmerson Mnangagwa, in an explosive statement on Tuesday, of using Zacc and other key institutions such as the National Prosecuting Authority (NPA) and State media to advance the VP’s mooted presidential aspirations.

The graft storm engulfing Moyo has not only exposed Zanu PF’s nasty tribal, factional and succession fissures, but also the ruling party’s gross abuse of State resources to advance its interests and those of its senior officials.

Moyo’s hard-hitting statement on Tuesday laid bare the deadly factional and succession wars that are ripping apart President Robert Mugabe’s ruling Zanu PF, after he bluntly accused Mnangagwa and his supporters of allegedly abusing Zacc and other key State apparatus to destroy him and to allegedly advance the VP’s presidential ambitions.

Zanu PF insiders who spoke to the Daily News then said the unprecedented statement was set to shake both the ruling party and the government to their core, after Moyo also gave notice of his intention to sue Mnangagwa, Information minister Christopher Mushohwe and Information permanent secretary George Charamba — among many others — for smearing him.

Moyo said in his statement that instead of being an “independent body”, Zacc was now a vehicle for the furtherance of factional agendas, as Mnangagwa allegedly fought hard to succeed Mugabe.

“On their own admission, as subsequently confirmed by … Mnangagwa, Zacc, in circumstances that are unclear, met with … Mnangagwa at least twice to discuss allegations that Zacc was putting together in relation to me.

“After these meetings with the vice president, commissioner Goodson Nguni claimed to various persons that the vice president communicated to them that my arrest had been cleared (ostensibly by Mugabe) when this in fact was not true,” he said.

“I have learnt, and it has been established that these meetings with the Vice President (Mnangagwa) are not meetings provided for by the law, and were intended to secure that the political ends currently being pursued by the vice president are advanced in relation to what has become public knowledge about the desire to secure a front foot in succession politics,” Moyo added.

He also said his current political and legal woes were allegedly part of Mnangagwa’s grand scheme to smear his reputation as a minister, MP and politburo member.

“It is clear from Zacc’s own records that the decision to effect my arrest was taken at the vice president’s office and subsequently rubber-stamped, if at all, by the commissioners,” he said, adding that such decisions were unlawful and open to challenge.

He also claimed that Zacc was being used in the ruling party’s ugly succession politics as a weapon to attack individuals who held divergent views on the country’s political discourse.

“The events manifest at Zacc in the past few weeks in relation to me are a culmination of a calculated political strategy to use the so-called ‘anti-corruption campaign’ as a political tool,” he thundered.

He also suggested that Nguni was the “emissary” of the Lacoste political faction at Zacc, adding that the Zacc commissioner had a “political relationship” with Mnangagwa.

Moyo, a former Information minister, also said State media were being used to malign him.

“It is clear from the Anti-Corruption Act that the chairperson of the commission, who by qualification, is eligible for appointment as a judge of the High Court, did not address the press conference nor did his deputy who happens to be the commissioner responsible for the media.

“How it happens that a constitutional body finds itself hijacked by one person who actually delivers a press conference in his personal capacity but purporting to represent the commission is a travesty of procedure and in fact is in itself corruption in the extreme warranting investigation by relevant authorities including the police,” he said.

“It is against this background that has no precedence since Zimbabwe’s independence that, on advise, I have taken, and after wide consultations I have resolved to institute legal action against … Nguni, Zacc … George Charamba … Christopher Mushowe … Mnangagwa,” Moyo said, further citing Zimpapers, its editors and newspapers which he said had written and carried offending stories about him.

He said besides Zacc having no arresting powers, it had attempted on four occasions to arrest him at Zanu PF headquarters, his house, his ministerial office and at Parliament.

He also said the NPA was also being used in the alleged plot to arrest him, further stating that some senior officers from the authority were part of the meeting with Zacc and Mnangagwa.

He said this had undermined the independence of the NPA, an aspect which he said had been exacerbated by the appointment of the acting prosecutor general Ray Goba.

He further accused Nguni and Goba of being convicted criminals, adding that their appointments had been administered by Mnangagwa.

“These patently unlawful appointments are not by coincidence but are intended to capture State institutions, and further a factional political cause by the use of individuals who are not fit and proper persons as willing weapons against perceived political opponents. In view of these matters, I am taking legal action against the NPA.

“For the avoidance of doubt, I wish to categorically state that the so-called Zacc allegations against me are false, malicious, political, tribal, factional and are an unjustified and illegal attack on my ministerial and parliamentary responsibilities as assigned to me by the appointing authority, His Excellency, the president. I have not committed any crime under any law,” he fumed.

Comments (13)

the people behind the campaign to arrest the learned professor I very smart. By implicating his deputy they are using a two pronged approach to get to the professor. Either way they will get their man no doubt. is team of wasting time Moyo must also find ways to whistle blow on his accusers. they surely have cases to answer rather than waste his time delaying the inevitable.

davis mawoyo - 5 November 2016

I believe that those relatives of ours who lacked capacity to infer can now litararili see the how roggue zanu is and has been. it is highly probable that get to know more shocking issues down the line. hendei hedu!

shocked - 5 November 2016

The law must take its course depite what Moyo attempts to say.What is only required of Moyo to give evidence& defend himself wherever itz neccessay.All the waffling regarding Munangagwa,Nguni,Mushohwe,charamba etc shld thrown away with condempt it deserves-bring back the money Moyo.The court shld even listen to Moyo's tribal undertones,we know hez a ndebele but only th crime is at issue

addmore gudo - 5 November 2016

Kutungana kwembudzi...hapana anosungwa ....listen the arest has to be cleared by the president....this means everything is full of 'dity/huori'....vanhu awa vane huori......vachatitsvitsa pakuti we do not a government anymore....those british must come back and take away the boundaries and get ride of the capital city.....munhu umwe neumwe kwaakabva...samanyika kwake...muvhitori kwake....mundevere kwake vana achimwene /marawins kwawo becouse/nekuti kugara tese zvaramba....dzimwe imbavha...no rule of law kugara tese sevanhu vamwe zvaramba....munhu umwe neumwe kwake.....chitsotsi mazonyanya....bull shit

dofo - 5 November 2016

If Prof Moyo and Gandawa are being accused of criminal abuse of office, then there is no single Zanu PF minister who is innocent, including President Mugabe himself. This is a rogue administration that is rotten to the core, and the President has been at the center of it all with all the rot happening right under his watch. He is now presiding over a failed state yet his rotten Zanu PF corhots run shouting GUSHUNGO, GUSHUNGO and the man gets inflated like a peakock. What a shame really!!!!

MR COOPER - 5 November 2016

Addmore Gudo Moyo is Kalanga. Let's check our info before we say some of these things

No pun - 5 November 2016

Addmore Gudo Moyo is Kalanga. Let's check our info before we say some of these things

No pun - 5 November 2016

zacc start on moyo and go back because we have got the whole lot of ministers , mps perm secs, hey looting gvt funds they must imburse by auctioning their properties from the proceeds especially ya kasukuwere

Tiktoe - 5 November 2016

The Professor deserves to be punished if he is in fact guilty of stealing State money - but let us hope that this investigation into corruption, something that has ruined the economy and devastated this country, isn't confined just to supporters of the G40 faction but everyone and in all directions? The leader of Tanzania is taking a tough stand against corrupt officials and as a consequence is earning huge respect and popularity for doing so. And South Africa now seems to be following a similar route which will be good for the country. Africa and Africans are now sick and tired of this virtually uncontrolled corruption committed by top officials. It has to stop otherwise we are all surely doomed and the people will never ever realize the freedom and better life that we were promised by our so called liberators nearly all of whom are nothing but pseudo revolutionaries and big crooks.

Mbewa - 6 November 2016

Everyone can see zanu pf for what it truly is, a gang of crooks. You guys are all rotten. Every policy they've put in place since land reform failed! Now they want to introduce bond notes 6 years after having some of the worst inflation recorded in history! Mugabe and his gang have nothing more to offer to this country.

Young Zimbo - 6 November 2016

Lets not lie to each other , Dzasukwa will never arrest anyone for corruption. He is the chief thief even those who are prosecuting the professor for political milage are also big if not the biggest thieves. One thing is certain a new Zimbabwe is now here and EVERYONE WILL BE HELD ACCOUNTABLE . there will be no impunity .

rov ai - 6 November 2016

Perhaps the intention was to raise a lot of hot air and then let the dust settle down afterwards. The miscalculation by Mugabe is that if and when the matter goes for trial a lot of dirty linen will be exposed and skeletons will tumble out of the decaying edifice called ZANU PF. Regai zvifambe Gushungo asi muri kunokandira pa n'anga ichabata mai. Tichaonererera gore rino.

Jaikolu Maison - 6 November 2016

i cant believe this that Zacc people dont even know their area of jurisdiction that they dont have arresting powers. how were these people appointed to be in Zacc? in law it is not the merit of the case that matters only, the procedure matters as well. in fact cases that have merit have been thrown out because of procedure. that is why we have a body of law called the criminal procedure that details how an accused can be prosecuted. if a criminal procedure has been violated, the accused has the right to challenge it. so Moyo is right in challenging the criminal procedure that was violated.

CLEVERS - 6 November 2016

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