Suspended University of Zimbabwe (UZ) Vice Chancellor Professor Levi
Nyagura who is facing charges of abuse of office has made an application
for referral of his matter to the Constitutional Court citing violation
of his rights to a fair trial.
Mr Tapiwa Godzi and Mr Michael Chakandida from the Presidential
Special Anticorruption Unit are representing the prosecution and in his
arguments, Prof Nyagura said the appointment of the pair to prosecute
was in violation of the Constitution which stipulates that a public
prosecutor is intended to be independent, impartial and not subject to
the direction and control of anyone.
Through his lawyer, Advocate Lewis Uriri, he said the two were
controlled by the office of the President and Cabinet (OPC) as they were
employed under that office. He said the State was in willful violation
of the Constitution thereby infringing upon his rights and equal
protection and benefit of the law under section 56 (1) of the
Constitution.
Prof Nyagura argued that the pair’s authority to prosecute had been
issued on violation of the law and that such conduct breachedthe right
to a fair trial. He made reference to section 259(10) of the
Constitution which provides for who may assist the Prosecutor General
(PG) in prosecuting.
He said according to the section, the people who may assist the PG were
employed by a board provided for by an Act of Parliament adding that the
pair did not fall into that category as their loyalty lay with the OPC. Herald
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