The investigation is being conducted by the Judicial
Service Commission, National Prosecuting Authority and Special Anti-Corruption
Unit in the Office of the President and Cabinet.
Kasukuwere fled the country after the army fired into his
Borrowdale house on the night of the military coup in 2017.
He returned briefly in 2018, only to be arrested and
brought before the courts on four charges of criminal abuse of office.
Kasukuwere was accused of instructing officials at the
Ministry of Local Government “to withdraw eight Good Hope offer letters”,
arguing that the “government had other pressing needs for that land”.
The state alleged that he later gave the land to other people.
Kasukuwere, a powerful figure in Zimbabwean politics during
the late former president Robert Mugabe adminstration, was also accused of
instructing officials “to issue out an offer letter in the name of an
unregistered company…allocating 20 hectares land” allegedly unprocedurally.
Government also accused Kasukuwere of directing officials
in the Local Government ministry to “find land for Shuvai Gumbochuma in
Masvingo…showing favour” to the individual.
Another allegation levelled against the former Zanu PF
political commissar was presiding over the selection of Brainworks Capital to offer
services to government without going to tender.
Retired magistrate, Hosea Mujaya issued the first warrant
of arrest on January 18 2019, after Kasukuwere defaulted court..
The second warrant was issued after Kasukuwere was given
back his passport by the courts but failed to submit it back within the period
stipulated.
The issue of the warrants of arrest resurfaced when
Kasukuwere announced that he would be contesting in the presidential election
on August 23 as an independent candidate.
His supporters say the warrants have been dusted off to
block him from contesting in the elections.
This week, judicial sources said issues have been raised
over the manner in which the cases were handled.
“Questions are being asked about why the National Prosecuting
Authority (NPA) decided not to appeal against the ruling by the High Court and
what happened thereafter,” a source close to the developments said.
“There is also an issue being raised querying how the High
Court went on to hear a case on someone who had an existing warrant. There are
a lot of questions being asked.”
Another source said authorities kept the warrant ‘alive’ to
use it against him if ever he returned.
High Court Judge
Justice Tawanda Chitapi dismissed four criminal abuse of office charges against
Kasukuwere in August 2019.
In his ruling, Chitapi criticised lower courts for
attempting to prosecute Kasukuwere without enough evidence to incriminate him.
“With due respect to the first respondent (Mujaya), the
ruling (Mujaya’s) does not show that he applied his mind to the legal issues
raised in exception,” the judge said.
“Under the circumstances, adding that if fresh charges were
to be made against the former minister, a different court ought to deal with
the matter.
“The charge sheet is accordingly quashed in respect of all
four counts.
“In the event that the (then) Prosecutor-General (PG)
Kumbirai Hodzi decides to prosecute the applicant on any amended charges, the
fresh proceedings ought to be commenced before a different magistrate,” Justice
Chitapi added
Kasukuwere’s latest political moves, which have unsettled
his former allies in Zanu PF, appeared to have triggered authorities to act.
“The warrant was kept alive for administrative purposes and
no magistrate signed it,” one senior judicial official said.
“This is a purely technical case because the warrant is
still alive and Kasukuwere can be arrested despite the ruling by the High
Court.
“The state was smart on this issue because they knew the
warrant would work in their favour if Kasukuwere wanted to come back.”
Most people approached for comment on or off the record
were not keen to discuss the matter.
Kasukuwere’s spokesperson Walter Mzembi, also a member of
the G40 group that skipped the country after the coup, said at a press
conference in South Africa that there was no warrant of arrest against his
political ally.
Mzembi accused Virginia Mabhiza, permanent secretary in the
Ministry of Justice, Legal and Parliamentary Affairs, of attempting to revive
old arrest warrants for political gain.
A source in the judiciary told the Independent that: “Those
charges he claims were quashed were reformulated to deal with the defects that
had led to the quashing in the first place.
“The quashing did not acquit him at all. Those were
technical objections that were dealt with before he was asked to plead.
“He shouldn’t give the impression that he was acquitted by
the courts. That never happened. These legal problems are real”.
Acting PG Nelson Mutsonziwa referred questions to acting
deputy PG Michael Reza, who directed the Independent to Justin Uladi, who at the time was also
acting deputy PG.
When contacted, Uladi told the Independent to speak to NPA
spokesperson Angeline Munyeriwa, who said: “I believe that those cases at Court
are of public record.
“It would be most helpful if you access them at the courts
and read them so that you get the most appropriate picture and context as well
as the background for the story you want to write.
“Everything is in the records. We will be happy to clarify
anything for you once you have read the documents filed of record at the
courts,” she added.
In an interview with State media, Mabhiza said Kasukuwere
should submit himself before the laws of Zimbabwe.
“When someone is issued with a warrant of arrest, they should
submit it before the law. What he should do is submit himself before the law
and seek cancellation of the warrants. He has his lawyers, so they should
advise him on what he should do. His submission to the law is standard
procedure,” she said. Zimbabwe Independent
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