Nyagura's Con-Court referral thrown out

HARARE - Harare magistrate Lazini Ncube yesterday upheld the existence of a Special Anti-Corruption Unit set by President Emmerson Mnangagwa to prosecute suspended University of Zimbabwe vice chancellor Levi Nyagura after dismissing his application for referral of his corruption case to the Constitutional Court.

Nyagura who is being charged for corruptly awarding a PhD to former first lady Grace Mugabe had argued that his right to a fair trial would be trivialised because the prosecuting team is captured by the State.

His lawyer, Lewis Uriri said according to section 260 (1) of the Constitution a public prosecutor is intended to be independent, impartial and not subject to the direction or control of anyone,” said Uriri.

“The people who assist the Prosecutor General are employed by a board of the National Prosecuting Authority. My learned friends have not been employed by the NPA board.

“They have been placed under the President, their salaries are paid by the President, and they are bound by the Official Secrecy Act. They have both investigative and prosecuting rights. They serve at the pleasure of the President who can remove them from office at any time.”

However, Ncube ruled that appointment of Tapiwa Godzi and Michael Chakandida was lawful and noted that the prosecutor general’s office had legal mandate to appoint any legal practitioner to prosecute on his behalf.

“The fact that Godzi and Chakandida operate from the President’s office does not mean that they will be interfered with. The defence has failed to satisfy the court on how the accused person’s trial will not be a fair one, “Ncube said.

Uriri then applied to approach the Constitutional Court directly and will be filing the application on August 10.

Godzi responds to the application today.

Comments (1)

Is She refered to as Dr right now? - 9 September 2018

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