Suspended University of Zimbabwe (UZ) Vice Chancellor Professor Levi Nyagura who is facing charges of abuse of office has made an application for referral of his matter to the Constitutional Court citing violation of his rights to a fair trial.
Mr Tapiwa Godzi and Mr Michael Chakandida from the Presidential Special Anticorruption Unit are representing the prosecution and in his arguments, Prof Nyagura said the appointment of the pair to prosecute was in violation of the Constitution which stipulates that a public prosecutor is intended to be independent, impartial and not subject to the direction and control of anyone.
Through his lawyer, Advocate Lewis Uriri, he said the two were controlled by the office of the President and Cabinet (OPC) as they were employed under that office. He said the State was in willful violation of the Constitution thereby infringing upon his rights and equal protection and benefit of the law under section 56 (1) of the Constitution.
Prof Nyagura argued that the pair’s authority to prosecute had been issued on violation of the law and that such conduct breachedthe right to a fair trial. He made reference to section 259(10) of the Constitution which provides for who may assist the Prosecutor General (PG) in prosecuting.
He said according to the section, the people who may assist the PG were employed by a board provided for by an Act of Parliament adding that the pair did not fall into that category as their loyalty lay with the OPC.
More to follow…