National Patriotic Front spokesperson, Jealousy Mawarire has said that it was unconstitutional for the Zimbabwe Anti-Corruption Commission (ZACC) to use serving members of the police force. Posting on Twitter where he was commenting on the mysterious transfer of a detective key to Tourism Minister, Proscah Mupfumira’s corruption case, Mawarire said:
Using a serving police officer, to investigate or arrest Mupfumira is unconstitutional, therefore illegal. Sec 208 (4) of the const says “Serving members of the security services MUST not be employed or engaged in civilian institutions except in periods of public emergency”
That Zacc is employing serving members of the security services means, either we r under a state of public emergency, or it’s violating the const. If we r under state of public emergency, when was it gazetted & if it’s beyond 14 days, when did parly extend its duration? At law there is something called “unius est exclusio alterius” which means the express mention of one thing is the exclusion of all others not covered by a particular statute. Serving security officers have no business, according to our constitution, to do with Zacc operations Zacc using serving police officers in its operations is ILLEGAL, therefore all pple arrested by police at Zacc behest are essentially abducted. Apart from illegally using the police, current Zacc is improperly constituted. It violates Sec 17 (b) (ii) of the constitution. Sec 17(b)(ii)of the const demands that “women constitute AT LEAST HALF (50%)the membership of ALL COMMISSIONS & other elective & appointed givernmental bodies established by or under this constitution or ANY Act of Parliament”. Zacc has 9 commissioners& only 4, (44 %) are women.Operating with 44% women means Zacc is improperly constituted, therefore operating outside the law. It means any purported arrest by this illegal body is a legal nullity. This is what the law says about a legal nullity.
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