Suspended University of Zimbabwe (UZ) vice chancellor Levi
Nyagura yesterday said he was being wrongly charged for illegally awarding
former First Lady Grace Mugabe a PhD, insisting that the latter’s husband,
former President Robert Mugabe who was the varsity’s Chancellor approved and conferred
his wife with the PhD.
Citing Section 8 of the University of Zimbabwe Act,
Nyagura, through his lawyer Advocate Sylvester Hashiti, said a vice chancellor
was not responsible for the award of degrees.
Adv Hashiti gave notice to subpoena the former President,
his wife Grace and President Mnangagwa so that they give evidence as chief
officers.
The defence argued that the PhD was still in existence,
adding that the current Chancellor, President Mnangagwa had the powers to
revoke it.
Nyagura yesterday appeared before magistrate Mr Lazini
Ncube for trial after the Constitutional Court threw out his challenge in which
he was contesting a decision by the Prosecutor-General to delegate his
prosecutorial powers to Messrs Tapuwa Godzi and Michael Chakandida of the
Presidential Special Anti-Corruption Unit.
However, through his lawyer, Nyagura filed an application
for exception and quashing of an indictment on the basis that the proper and
responsible persons have not been brought to court.
“The accused was never the chancellor and has never been
one at any given time particularly at the time when the PHD in issue was
conferred on Grace Mugabe.
“The chancellor is the chief officer of the university. The
accused was the vice chancellor and his powers are set out in terms of Section
8 of the University of Zimbabwe Act and this section provides no powers to
confer or award degrees of any sort. In terms of this section, he is an officer
of the university and does not act in his personal capacity.
“At the relevant period it was Robert Gabriel Mugabe who
was the chancellor…Robert Mugabe is the answerable person and must instead face
the charges. Accused is the wrong person to charge,” read part of the
application.
“The charges by the State fail to consider three important
facts. Firstly, the PHD in question remains extant. Its validity cannot be put
in question by criminal process and lastly the former chancellor Robert Mugabe
approved and conferred the degree and transcript,” he said in his written application.
He further questioned why none of the other persons
involved in the enrolment, tutelage, supervision, recommendation and conferment
of the PHD have been brought to court.
“The cited sections (of the University of Zimbabwe Act)
clearly denote where the power to confer degrees lies.
“If any degree is not awarded pursuant to proper conduct,
the awarding and conferring authorities are the ones liable at law for the
conduct. In the first instance it would be the university, in the second, the
chancellor and in the third senate or council depending on the facts of the
matter.
“Nowhere does accused (Nyagura) come into it, especially in
his personal capacity. The State cannot impute personal liability where same
has been deliberately excluded by law.
“The State has not led any evidence from any member of any
committee or council or senate who took objection to the conferment of the
degree in issue.”
Nyagura pleaded for acquittal. “For a criminal charge to suffice, it must not only allege
commission of a crime but in terms of the Criminal Procedure and Evidence Act,
must set out the facts and evidence that give rise to the charge itself.
“The charges and facts do not disclose any criminal offence
and ought to be quashed on this additional basis. The accused prays that the
charge be and is hereby quashed, the exception upheld and the accused
acquitted,” read the application.
The State will file its written response today while oral
submissions will be conducted on April 4. Herald
0 comments:
Post a Comment