Former Cabinet Minister Saviour Kasukuwere, who is facing
four counts of alleged abuse of office, yesterday made an application for
exception on all the charges as he believes that he did not act criminally in
any way.
Kasukuwere’s counsel led by Mr Charles Chinyama, who was
instructing Mr Thembinkosi Magwaliba, filed the application in terms of Section
170 (1) as read with Section 171 (1) of the Criminal Procedure and Evidence Act
which states that one can apply for exception if the charges are not displaying
an offence before the court.
Magwaliba argued that Kasukuwere, in his capacity as a
minister had the power to allocate land, therefore, there was no deviation from
his powers when he awarded the tenders as he did.
He also said that if there was a procurement contract that
was signed, it would have been signed by an accounting officer.
Since Kasukuwere as a minister could not legally be the
accounting officer as well, it means that he did not breach the Procurement Act
as suggested in his charges and in fact the accounting officer should be the
one being questioned, said Mr Magwaliba.
The State said that they needed time to respond. Presiding magistrate Mr Hosea Mujaya rolled the matter over
to November 28.
Kasukuwere is facing four charges of abuse of office
emanating from the time he was Minister for Youth Development, Indigenisation
and Empowerment and that of Local Government, Public Works and National
Housing.
In the first count, Kasukuwere is accused of flouting
tender procedures when he awarded Brainworks Private Limited — owned by Mr
George Manyere — a contract to do brokering services and financial advisory to
the Government on indigenisation.
Allegations are that the appointment of Brainworks was
inconsistent and contrary with the nature of his duties. Herald
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