The state prosecuting former VP Phelekezela Mphoko’s case has opposed a bid to transfer the case to the ConCourt saying there are no justifiable reasons to do so.
The state-led, by prosecutor Lovemore Masuku, said:
If the material facts are not disputed I see no reason for referral. Immunity is for a sitting president, but falls away once he leaves that office and criminal prosecution ensues.
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The facts provide a reasonable suspicion that an offence was committed and there is no dispute about that. The defence that the offence was committed in good faith can be heard before a trial court, not a constitutional court
Mphoko is facing criminal abuse of office charges after he marched into Avondale Police station and demanded the release of 2 ZINARA officials who had been arrested on corruption charges while he was still the Vice President.
More: The Daily News