Environment, Tourism and Hospitality Industry Minister
Prisca Mupfumira who is facing seven counts of criminal abuse of public office
yesterday wept in a Harare court after acting chief Magistrate Munamato
Mutevedzi placed her on custodial remand for 21 days.
Mupfumira sobbed after Mr Mutevedzi upheld an application
by the State to detain her for 21 days as provided under the Criminal Procedure
and Evidence Act Section 32, which empowers the State to seek further detention
due to the gravity of a case.
Mupfumira was arrested on Thursday by the Zimbabwe
Anti-Corruption Commission (Zacc) on corruption allegations involving US$95
million National Social Security Authority (Nssa) funds.
Chief prosecutor Mr Michael Reza presented a certificate
from the Prosecutor General’s Office to detain Mupfumira for three weeks on the
basis that she could use her position, as minister, to interfere with
investigations.
In the ruling, the magistrate said issues raised by the
defence led by Mr Charles Chinyama, in their attack of the validity of the
certificate, were of no use as they all related to an application for admission
to bail which was not the issue before the court.
Chief among the contentions that the defence raised was
that Section 32 is unconstitutional arguing it violates section 50 Subsection 1
subparagraph (b) of the Constitution of Zimbabwe; which provides that any
person who is arrested must be released unconditionally.
The defence also argued that; “the State had acted contrary
to section 32 subsection 3 (b) subparagraph (b) subparagraph (i) which requires
that there must be proof that the arresting officer was of or above the rank of
assistant inspector.”
Mr Chinyama said there is no indication that the accused
person benefitted from all the funds that were allegedly siphoned out of NSSA
except for a few thousand dollars which she signed for onward submission to
persons attending official functions.
Mr Mutevedzi, however, said the right to bail as enshrined
in the Constitution was not an absolute.
“Given all these pointers linking the accused person to the
commission of the offence, the court is convinced that indeed the State has
established grounds which constitute reasonable suspicion that the accused
committed offences preferred against her.
The court, therefore, has no hesitation to find that all
the requirement for the production of the Prosecutor Generals Certificate
produced in terms of section 32 subsection 3 (b) have been met.
The effect of that certificate is to oust this court and every
other court’s jurisdiction in determining issues related to the accused
person’s admission to bail during the lifespan of that certificate.”
Mupfumira will be back in court on 9 August for routine
remand. She is facing corruption allegations involving $95 million. Sunday Mail
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