HARARE – Suspended University of Zimbabwe vice chancellor Levi Nyagura is going to the Constitutional Court directly to challenge the legality of President Emmerson Mnangagwa’s special anti-corruption unit.
Harare magistrate Lazini Ncube on Thursday turned down Nyagura’s request for a referral to the Constitutional Court, insisting that the chosen prosecutors – who are lawyers – were perfectly capable of prosecuting the case.
Nyagura is accused of abuse of office over the award of a PhD to former First Lady Grace Mugabe without following the university’s laid down procedures.
The university boss had complained that the prosecutors have no authority to try him adding that they were likely to be biased considering they we employed by the President.
But Ncube ruled their appointment cannot be rendered invalid because they were given to the court by the prosecutor general (PG).
“It’s the court’s view that the prosecutors cannot be described as illegally before the court because they are qualified and were appointed by the PG although it was the President’s idea,” the magistrate said in his ruling.
“It was not suggested that the appointed prosecutors have no qualifications, in other words, no evidence was produced to show they will be biased.”
Following the ruling, Nyagura decided to approach the superior court this Friday to file his application.
He argues that the National Prosecuting Authority (NPA) and the PG should be independent but, in this case, the prosecutors were likely to take orders from Mnangagwa who established the unit in May this year to accelerate the fight against corruption.
A special court was also set up at Harare Magistrates Court.
