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Mrs Ziyambi

Daniel Nemukuyu : Senior Court Reporter

SQUABBLES pitting the National Prosecuting Authority’s top hierarchy have taken a nasty turn with national director of public prosecutions Mrs Florence Ziyambi seeking private prosecution for the institution’s director of administration on allegations of indecent assault and assault. Mrs Ziyambi — the second in charge at the NPA — last year filed indecent assault and assault charges against Colonel Solomon Siziba, a military officer seconded to the NPA as head of administration.

Police investigated the criminal case and compiled a docket. However, suspended Prosecutor-General Johannes Tomana reportedly declined prosecution.

Mr Tomana’s decision did not go down well with civilian prosecutors, causing major divisions in the unit.

Mrs Ziyambi alleges that Col Siziba manhandled her and in the process indecently assaulted her.

A police report was made but Mr Tomana declined to prosecute Mr Siziba.

After the suspension of Mr Tomana, Mrs Ziyambi instructed her lawyer, Mr Charles Warara, to write to acting PG Advocate Ray Goba, seeking a certificate to enable her to institute private prosecution against Col Siziba.

In a letter dated September 9 2016, Mr Warara gave Adv Goba up to seven days to issue a certificate, failure of which his client would file an application at the High Court.

“Our client has taken the view that since your office has declined to prosecute the matter in terms of Section 13 and 16 of the Criminal Procedure and Evidence Act, you are obliged to furnish our client with a certificate to privately prosecute the matter. We are further instructed that should you fail to respond favourably to this request in the next seven day, we will proceed to file an application at the High Court to compel you to furnish us with a certificate for private prosecution,” reads part of the letter to the Acting PG.

It is alleged Col Siziba assaulted Mrs Ziyambi on February 13 last year at the New Government Complex in Harare.

Mrs Ziyambi filed assault and indecent assault charges at Harare Central Police Station under CR 1054/ 2/ 15 and the cases were also vetted at the PG’s office under reference number AG170/ 15.

Col Siziba was summoned to appear at the Harare Magistrates’ Court, but the PG later declined to prosecute the case.

On the day in question, it is alleged Mrs Ziyambi had a meeting with deputy national director (public prosecutions) Mr Nelson Mutsonziwa in her office discussing administrative issues affecting the NPA.

While the two were still having their meeting, it is alleged, Col Siziba stormed into the office and asked to meet Mrs Ziyambi.

After a while, Mrs Ziyambi invited Col Siziba into her office and together with Mr Mutsonziwa, they allegedly discussed outstanding issues on fuel allocation to their officers and the meeting ended in a debate.

It is alleged that Col Siziba requested Mr Mutsonziwa to excuse them for about two minutes as he indicated that he had something to say to Mrs Ziyambi in private. It is alleged that Col Siziba accused Mrs Ziyambi and other officers in the NPA of disliking him and his two fellow soldiers, a Major Msipa and Major Manyeruke, who were seconded to the institution.

Col Siziba then allegedly charged at Mrs Ziyambi and threatened to shoot her while poking her face.

It is then alleged that he indecently assaulted Mrs Ziyambi.