The Constitutional Court has struck what may be a huge blow to higher education minister Prof. Jonathan Moyo. The apex court dismissed Moyo’s application in which he challenged the legality of his arrest by the Zimbabwe Anti-Corruption Commission (ZACC). Moyo is accused of mismanaging nearly $500 000 belonging to the Zimbabwe Manpower Development Fund (Zimdef), together with his deputy Dr Godfrey Gandawa and Zimdef finance director Nicholas Mapute.
Moyo was challenging the constitutionality of his arrest by Zacc and the role played by the police. In his application, Moyo argued that Zacc does not have the power to arrest and detain suspects and that the Prosecutor-General does not have the power to order the police to arrest an anyone.
The court expressed grave concern at Prof. Moyo’s conduct after he sidestepped the Magistrates Court which has inherent jurisdiction on dealing with the legality of arrests.
Chief Justice Luke Malaba, in the court’s judgement, said,
The material dispute of facts generated by the application would be resolved by the Magistrate’s Court before which the applicant would plead the alleged unlawfulness of his arrest. The matter for determination does not fall within the jurisdiction of the Constitutional Court 2i is a matter, the determination of which does not involve the interpretation, protection or enforcement of the Constitution.
There being no constitutional matter on which a decision is required to made. the issue of which of the facts in dispute is the truth falls outside the jurisdiction of the Constitutional Court.
The Constitutional Court holds that it would not be within its competence to determine the question of the lawfulness of the applicant’s arrest. The law governing the resolution of the matter required the applicant, like all arrested persons, to appear before a Magistrate’s Court to challenge the lawfulness of his arrest.
Back to top