The Constitutional Court has reserved judgement on a matter in which Minister of Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo was challenging the validity of his arrest by the Zimbabwe Anti-Corruption Commission. 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.
The matter was heard by the full bench of the Constitutional Court. Moyo was challenging the constitutionality of his arrest by Zacc arguing that Zacc does not have the power to arrest and detain suspects under the Constitution. He also argued that in terms of the Constitution, the Prosecutor-General does not have the power to order the police to arrest an individual.
Responding to Prof Moyo’s challenge acting Prosecutor-General Advocate Ray Goba denied ever directing the police to arrest Minister Moyo saying he directed the police to investigate the matter fully. He added that there was an “overwhelmingly reasonable suspicion” that Moyo committed fraud, theft, money laundering and criminal abuse of office, together with his accomplices. He prayed for the apex court to dismiss the challenge and direct the minister to answer charges at the magistrates’ court.
Mrs Vernaranda Munyoro from the Attorney-General’s office argued that:
A police officer on secondment to an institution doesn’t cease to be a cop even when on board a bus he doesn’t merely become a passenger. The institution will exercise its powers concurrently with the police to give ZACC the teeth to make arrests
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