1. The Zimbabwe Anti Corruption Commission (“ZACC”) is established as an independent commission in terms of Section 254 and 256. The independence of ZACC means that in the exercise of its Constitutional and statutory function, it is independent and not subject to the direction and control of anyone. Members of ZACC must not act in a partisan manner, and or further any interest of any political cause or factions.
Further, members of ZACC must be qualified to hold office in terms of Section 9 of the Anti Corruption Act. In relation to me, I have sought legal advice on the following matters with a view to seeking legal remedies:-
1. On their own admission, as subsequently confirmed by the Honourable Vice President E.D Mnangagwa ZACC in circumstances that are unclear met with the Vice President Mnangagwa at least twice to discuss allegations that ZACC was putting together in relation to me. After these meetings with the Vice President, Commissioner Goodson Nguni claimed to various persons that the Vice President communicated to them that my arrest had been cleared when this in fact was not true.
1. I have learnt and it has been established that these meetings with the Vice President are not meetings provided for by law, and where intended to secure that the political ends currently being pursued by the Vice President are advanced in relation to what has become public knowledge about the desire to secure a front foot in succession politics. The said meetings with the Vice President were a perpetuation of the conspiracy to smear and smudge my reputation as Minister and Member of Parliament and Member of the Politburo.
2. ZACC by submitting itself to the political machinery of Vice President Mnangagwa, I am advised that legally ZACC abdicated its constitutional duty to be independent and to protect itself and its members from furthering the interests of any political cause or faction. It is clear from ZACC’s own records that the decision to effect my arrest was taken at the Vice President’s office and subsequently rubber stamped if at all by the Commissioners. It must follow that this having occurred, the decisions and actions of the Vice President and ZACC are open to challenge and are unlawful.
3. The political relationship between Mr. Goodson Nguni and Vice President Mnangagwa is public knowledge, I need not say more. This relationship explains why the Vice President who is Minister of Justice caused Mr. Goodson Nguni notwithstanding his disqualification from appointment on account of his conviction in South Africa to be appointed a Commissioner in violation of Section 9 of the Zimbabwe Anti-Corruption Commission Act (“The Act”).
1. I must also express my disgust and dismay at this phenomenon and animal called state capture in as far as it relates to an organ of state such as ZACC abdicating its legal duty and surrendering it to a political and factional cause. The scourge of Institutions of State being captured, and being used as willing weapons to bludgeon persons holding divergent views on political discourse is unacceptable. This cannot go unsanctioned or unchallenged.
1. The events manifest at ZACC in the past few weeks in relation to me, are a culmination of a calculated political strategy to use the so called “anti-corruption campaign” as a political tool. While I abhor corruption, and have done everything to prevent the occurring of corrupt activities, it is totally unacceptable for state institutions such as ZACC to become a political appendage of the political strategy of a faction.
1. In ZACC, one character sticks out as the emissary of the political faction advancing the anti corruption campaign as a strategy, and this is Mr. Goodson Nguni.
2.3 In furtherance of his political cause and in violation of the Section 13 of the Anti Corruption Commission Act, and Section 255 of the Constitution, he personally attended to search and seizures at ZIMDEF offices without the statutory mandatory company of the police. By avoiding the police, Mr. Nguni did not want to subject his allegations in relation to me to factual and legal scrutiny.
2.4 Mr. Goodson Nguni beholden to his appointor and wanting to please his handlers addressed a press conference on the 13th of October 2016 in his personal capacity indicating that he was purporting to speak for ZACC as the Commission’s head of investigations committee but also indicating he was speaking as “Goodson Nguni”. At this press conference Mr. Goodson Nguni engaged in an unprecedented public lynching of a Government Minister and Member of Parliament and a Member of the Politburo. At this public lynching untested allegations were leaked followed by an equally unprecedented public media onslaught and lynching of my ministerial responsibilities, persona and character.
2.5 The public Media lynching in the Herald, Chronicle, Sunday Mail and Sunday News was particularly vicious and extremely malicious between the 7th of October 2016 to the 24th of October 2016. The contents of the various media reports published by Zimpapers in relation to this matter shows a complete disregard of the truth and a willingness and readiness to be used to advance a factional political cause.
2.6 Apart from repeating recklessly the false and patently unlawful and unprocedural allegations made by Nguni at his press conference, they invented their own including that I funded graduation demonstrations and that I likened myself to Robin Hood in cahoots with a one lacoste fellow whose twitter handle is @chamunogwa who on the 7th of October 2016 at 1644 hours, said that I am the Robin Hood of Tsholotsho in a tweet to which I responded I would rather be a Robin Hood than a cruel tribalist, murderer and UN identified cross border diamond thief. At no point other than in the construction of Zimpapers did I call myself Robin Hood.
2.7 It is clear from the Anti Corruption Act that the chairperson of the Commission who by qualification should be eligible for appointment as a judge of the High Court, did not address the press conference nor did his deputy who happens to be the Commissioner responsible for the media. How it happens that a constitutional body finds itself highjacked by one person who actually delivers a press conference in his personal capacity but purporting to represent the Commission is a travesty of procedure and in fact is in itself corruption in the extreme warranting an investigation by relevant authorities including the police.
2.8 It is against this background that has no precedence since Zimbabwe’s independence that on advise I have taken, and after wide consultations I have resolved to institute legal action against the following:
1. Mr Goodson Nguni as ZACC’s Head of Investigations Committee
3. Caesar Zvayi (Herald Editor)
4. Innocent Madonko (Acting Chronicle Editor)
5. Sasa Mabasa (Sunday Mail Editor)
6. Limukani Ncube (Sunday News Editor)
7. Pikirayi Deketeke (Chief Executive Officer, Zimpapers)
8. Delma Lupepe (Chairman, Zimpapers)
9. Ray Gova, Acting Prosecutor General and Board Chairman NPA
10. Reporters from Zimpapers who wrote the offending stories
12. George Charamba Secretary for Media, Information and Broadcasting Services
1. Dr Christopher Mushowe Minister of Media, Information and Broadcasting Services
1. Hon. Vice President Emmerson Mnangagwa â€“ arising out of unlawful meetings he held with ZACC and NPA Officers on this matter
3. National Prosecuting Authority
The National Prosecuting Authority (“NPA”) is established in terms of Section 258 of the Constitution, and like ZACC in terms of Section 260 and 261 it is bound by the same Constitutional obligations to maintain independence and not act in a partisan manner or further the interest of any political cause or faction. By design, coincidence or otherwise, the NPA falls under the Ministry of Justice, Legal and Parliamentary Affairs. In relation to the work of ZACC, in addition to other safeguards from abuse that the law has imposed such as the involvement of the police, the NPA is one such safeguard and must objectively in full independence apply its mind in relation to allegations pursued by ZACC. It is sinister for ZACC to attempt an arrest and it speaks to political mischief and a gross violation of the Constitution in that ZACC is expected to know better, that it does not have arresting powers and that where it suspects that there is a case of corruption it must engage the police to investigate the matter in accordance with the law.
3.1 In this connection, the NPA must satisfy itself that the peremptory provisions of the law in relation to allegations of corruption are adhered to in particular that the NPA cannot act on allegations of corruption as merely presented to them by ZACC other than if such action is to involve the police in terms of Section 259 (11) of the Constitution. In terms of Section 255 (3) the powers of ZACC are limited to recommending an arrest to the police who can only do so after carrying out an investigation. Notwithstanding these clear indications of the law, ZACC on four instances attempted to effect an arrest on me at Zanu PF headquarters, at my residence, at my Ministerial office and at Parliament building and in all instances groups numbering between 5 and 10 officers were reported to have been part of this charade.
3.2 On its own admission ZACC states that the NPA was part of the investigation process and there have been reports that one of the senior officers in the NPA at the level of Director and above attended a meeting between ZACC and Vice President Mnangagwa where the decision to arrest and prosecute me was made when in fact none of the allegations had been brought to my notice.
3.3 The conduct of the NPA by taking part in the investigations of ZACC and taking part in meetings of a factional political nature and encouraging and or directing ZACC officers to exercise arrest powers which they do not have completely undermines the independence of the NPA in relation to allegations against me. I am also aware that this untenable situation has been brought about by the appointment of Ray Gova as Acting Prosecutor General which appointment at all material times was administered by the Minister of Justice who is also Vice President Mnangagwa. What is curious about the appointment of Gova like that of Nguni is that he too is a convicted criminal who was found guilty of dishonesty and defeating the course of Justice by the High Court of Namibia. The conviction disqualified him from practising law in Namibia and he was declared a prohibited immigrant.
3.4 These patently unlawful appointments are not by accident but are intended to CAPTURE STATE INSTITUTIONS, and further a factional political cause by the use of individuals who are not fit and proper persons as willing weapons against perceived political opponents. In view of these matters, I am taking legal action against the NPA.
3.5 Recent events in the country have put in plain sight the undesirability of persons from other agencies and organisations of Government being seconded to institutions such as the NPA. Section 261(3) of the constitution prohibits this. The NPA therefore is improperly constituted to the extent of the participation of these officers who are active members of these organisations and have their allegiance to their parent organisations. Taken together with the disqualification of Gova and the open factional capture which is ongoing, it is clear that the NPA is illegally constituted in violation of the Constitution thus rendering its decisions since Gova’s appointment void ab initio.
3.6Â Â Â Â Â In the light of the foregoing, the advise I have on hand is that these matters require urgent and comprehensive legal attention which I will be taking shortly.
3.7Â Â Â Â Â For the avoidance of doubt, I wish to categorically state that the so called ZACC allegations against me are false, malicious, political, tribal, factional and are an unjustified and illegal attack on my Ministerial and parliamentary responsibilities as assigned to me by my appointing authority His Excellency, the President.Â I have not committed any crime under any law.
3.8Â Â Â Â In particular, the computers, bicycles and motorcycles that I donated for distribution in Tsholotsho North were above board in the exercise of my Ministerial discretion to address a clear and present need in this marginalized and impoverished community. Further and in keeping with my standards of integrity on the administration of public matters, all monies rendered for funeral assistance by ZIMDEF which had been initially indicated as a donation and subsequently entered in the records of ZIMDEF books as a loan were returned by me in full notwithstanding the fact that there is a long standing practice within ZIMDEF to cater for such circumstances of bereavement.
3.9Â Â Â Â Â I must also state that since the infamous Tsholotsho declaration involving some of the players in this matter, I on readmission to the Party Zanu PF in 2009 stated that I will render full support, allegiance and loyalty to my appointing authority, His Excellency the President Cde R.G Mugabe. I remain unwavering in upholding this principle and commitment.
3.10Â Â Â It would be remise of me to not acknowledge and thank many of you that have come forward with evidence and information pointing to shocking and scandalous cases of high level corruption, theft and fraud and pillaging of state resources and assets by high ranking individuals and persons who speak against corruption during the day and practise it in staggering proportions at night thereby depriving not only current but future generations of sources of their livelihood. I want to assure you that I will treat this information in the strictest of confidence and will bring it to the attention of the relevant authorities at the earliest opportunity for swift action.
Hon Professor Jonathan Moyo, MP
Minister of Higher and Tertiary Education, Science and Technology Development
1 November 2016.