ZIMBABWE Anti-Corruption Commission (Zacc) commissioner Frank Muchengwa, who was suspended last week following corruption allegations, has approached the High Court seeking to nullify the decision.
Muchengwa cited Zacc and its chairperson Justice Loice
Matanda-Moyo as respondents. He wants an order interdicting Zacc from
withdrawing his security service and taking away his service pistol until
President Emmerson Mnangagwa – who has the sole prerogative of determining the
suspension of commissioners through a tribunal, has decided on his case.
Muchengwa was appointed as a commissioner in September 2019
and allocated a police detail and service pistol for security.
The court heard on September 8, Muchengwa received a letter
from the Judicial Services Commission indicating that they had resolved in a
meeting of September 3 that Mnangagwa should determine if he should be removed
from office.
The following day, Matanda-Moyo then removed Muchengwa from
a WhatsApp group of fellow commissioners before ordering that he should be
barred from Zacc offices.
Matanda-Moyo then orally suspended Muchengwa from his
duties on September 11 before facilitating change of locks to his office. On
September 18, Muchengwa received a call from the police directing him to
surrender his pistol.
“In all material respects I still occupy the office of a
commissioner and the locking of my office hinders my work. I have some pending
matters of national interest that are under investigation. I have a serious
apprehension that if I continue to be barred from entering the office someone
may tamper with the files,” Muchengwa said in his affidavit.
“I am still exposed to serious security risks as there were
break-ins at my house once, two in my car and once at my office.”
Muchengwa argued that only Mnangagwa had authority to order
his suspension, not Matanda-Moyo.
He argued that his suspension can only be done after a
tribunal has been constituted to determine his fate.
“I am advised that my purported suspension is a legal
nullity and in all respects, I am still called upon to execute my duties as a
commissioner by the appointing authority until the appointing authority decides
to appoint a tribunal and refer the matter,” added Muchengwa.
“If my personal security is revoked, I am exposed to
serious risks because of the matters I am working on. I only have one life; it
would be a tragedy if I lose it.” Daily News
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