News / National
Jonathan Moyo takes Madhuku head on
03 Aug 2019 at 10:37hrs | Views
Professor Jonathan Moyo says Constitutional lawyer Lovemore Madhuku behaved wickedly through endorsing the decision by Prosecutor General Kumbirai Hodzi to issue a certificate barring prisoned Minister of Tourism Prisca Mupfumira from applying for bail.
Said Prof Moyo, "It was wicked for Professor Lovemore Madhuku to label as VERY CREATIVE the PG's illegal certificate to have Mupfumira detained for 21 days without bail application and to defend s32(3b) of CP and EA under the presumption of constitutionality doctrine yet it was enacted BEFORE the new Constitution!"
High Court Judge, Erica Ndewere this week said the minister had a right to bail hearing despite Prosecutor General, Kumbirai Hodzi's certificate barring any court to entertain her bail while her complex case is being investigated.
Professor Lovemore Madhuku hit back at Moyo saying the High Court has no power of the matter.
The position of the law of Zimbabwe is as I previously stated. Section 32(3b) of the CP & E Act is presumed to be the law until set aside by the Concourt. The High Court has no final word in this respect. Justice Ndewere cannot set it aside. Only the Concourt can set it aside.
Said Prof Moyo, "It was wicked for Professor Lovemore Madhuku to label as VERY CREATIVE the PG's illegal certificate to have Mupfumira detained for 21 days without bail application and to defend s32(3b) of CP and EA under the presumption of constitutionality doctrine yet it was enacted BEFORE the new Constitution!"
HIGH COURT SETS ASIDE HODZI'S CERTIFICATE ON MUPFUMIRA Justice Ndewere ruled that s32(3b) of the CP&EA is void; s50(1)(d) of the Constitution is supreme & Magistrate misdirected himself as he ought to have heard Mupfumira's bail application. Poor Madhuku!https://t.co/DCWI9qiGU0 pic.twitter.com/udWq1utN0m
— Prof Jonathan Moyo (@ProfJNMoyo) August 3, 2019
Professor Lovemore Madhuku hit back at Moyo saying the High Court has no power of the matter.
The position of the law of Zimbabwe is as I previously stated. Section 32(3b) of the CP & E Act is presumed to be the law until set aside by the Concourt. The High Court has no final word in this respect. Justice Ndewere cannot set it aside. Only the Concourt can set it aside.
Source - Byo24News
