Legal expert speaks on VP Mphoko's comments that ZACC has no power to arrest Moyo
Legal expert Advocate Fadzayi Mahere spoke on Acting President Phekezela Mphoko‘s comments that the Zimbabwe Anti-Corruption Commission (ZACC) has no power to arrest Higher Education Minister Jonathan Moyo. Mahere said that, contrary to what Mphoko said the ZACC has the power to arrest a Government official. She said,
It bears mentioning that the Anti-Corruption Commission does have the power in terms of section 255(1)(a) of the Constitution to investigate and expose corruption in government and the power to “direct” (not recommend) the Commissioner General of Police to investigate corruption in terms of section 255(1)(e) of the Constitution.
She also said that the President does not have to sanction the arrest of a Government official. She argues,
The duties of the President are set out in section 90 of the Constitution. In terms of this section, the President does not have the power or duty to authorise the arrest of anyone. Rather, according to section 258 of the Constitution, the National Prosecuting Authority is responsible for instituting and undertaking criminal prosecutions on behalf of the State and for discharging any functions that are necessary or incidental to such prosecutions.
She finishes off by saying that Jonathan Moyo should apologise for stealing Zimdef funds rather than Tweet about the matter,
There is clearly no requirement at law that subjects any of these processes to the caprice of the Head of State, with respect. There is nothing that obliges citizens to wait until the law takes its course in this regard. The Minister, faced with such charges is under an obligation to issue a statement accepting or denying these charges. If he has no satisfactory explanation for the alleged maladministration, we are entitled to be outraged and to demand that he return our hard-earned tax money. At a minimum, we deserve more than a few insolent tweets to make this go away?
More: Fadzayi Mahere on Facebook
