FORMER Labour minister Prisca Mupfumira is challenging her
arrest by a police officer seconded to the Zimbabwe Anti-Corruption Commission
(Zacc), arguing that it was unconstitional.
Mupfumira, who was arrested last month on abuse of office
charges related to $95 million allegedly siphoned from the National Social
Security Authority, now wants her case quashed on the grounds that her arrest
was illegal..
Her lawyers Chinyama and Partners wrote to the Supreme
Court on September 2. “The arrest of the accused by a serving member of the
police seconded to the Anti-Corruption Commission was a gross irregularity
going to the roots of all proceedings,” the lawyers wrote.
“ The court is urged to exercise its rights to review the
proceedings in the magistrates courts in terms of section 25 (2) of the Supreme
Court Act and set them aside and substitute them with an order for accused
person’s immediate release in terms of section
50 (5) (e) of the constitution of Zimbabwe. “
The lawyers said the investigations into the case were also
illegal. “Even the purported investigations carried out by a serving
member of the Public Service Commission are themselves unconstitutional,” the
letter added.
“The court is urged to throw away any procedural niceties
in dealing with such an important case.”
Mupfumira’s lawyers cited a Constitutional Court (ConCourt)
ruling in a case involving the Zimbabwe Law Officers and the National
Prosecuting Authority, which barred the use of security forces in civilian
organisations.
The ConCourt said:” Clearly the conduct of engaging serving
members of the security services in civilian institutions is inconsistent with
section 208(4) of the Constitution.” Standard
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