FORMER Local Government minister Saviour Kasukuwere, who is
facing charges of abuse of office for allegedly illegally parcelling out of
State land, has filed heads of argument at the High Court challenging
procedures adopted by regional magistrate Hoseah Mujaya and the appointment of
Harare lawyer Zivanai Macharaga to act as prosecutor in his trial.
In his heads of argument filed on February 26, 2019 by his
lawyer Advocate Thembinkosi Magwaliba, Kasukuwere said Macharaga’s appointment
to represent the State was in contravention of the Constitution.
Kasukuwere also accused Mujaya of being biased in the
manner he has so far handled the matter.
The former minister said Mujaya failed to properly consider
his application when he sought to be absolved from any wrongdoing since the
charges preferred against him did not disclose any offence, adding his actions
were a bona fide exercise of administrative power and authority.
Commenting on the appointment of Macharaga as prosecutor,
Kasukuwere said he was corruptly appointed, adding in terms of section 259(10)
of the Constitution, prosecutors were not appointed by the Prosecutor-General,
but by a board.
“The second respondent claimed to have been appointed by
the Prosecutor-General. His appointment was, therefore, mired with
irregularities, which vitiated the proceedings. His attempt to explain away the
irregularities, in the present proceedings actually exposes more flaws in the
process,” Kasukuwere said.
“The appointment of the second respondent was, therefore
outside the parameters of the Constitution and was unconstitutional. The
purported appointment of the second respondent by the then acting
Prosecutor-General was invalid.”
Kasukuwere further said the prosecution of his case
required no special skill or qualification and could be undertaken by any
prosecutor, adding that there was, therefore, no reason for the appointment of
a special prosecutor. Newsday
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