'Police have not arrested Jonathan Moyo'

POLICE have not arrested Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo because no report has been made to that effect, Acting Police Commissioner-General, Senior Assistant Commissioner Josephine Shambare, said yesterday.Prof Moyo is accused of abusing $450 000 from the Zimbabwe Manpower Development Fund (Zimdef).

Snr Asst Comm Shambare said this in response to Harare vendor Mr Hardlife Mudzingwa's application seeking to compel the police to arrest the minister and cause his prosecution.The matter has been set for hearing today at the High Court.

Snr Asst Comm Shambare said the Criminal Procedure and Evidence Act (Chapter 9:07) sets out the parameters within which police perform their duties.

The Zimbabwe Anti-Corruption Commission (Zacc), she said, was empowered by the Constitution to direct police to investigate cases of suspected corruption or to require assistance from the police service.

"The applicant (Mr Mudzingwa) has not alleged nor proved that I was so directed to investigate first respondent (Prof Moyo) and refused, failed or neglected to do so," said Snr Asst Comm Shambare in her papers filed in the High Court on Monday.

In his application, Mr Mudzingwa averred that Zacc had completed investigations into the case.In that case, Snr Asst Comm Shambare said the anti-corruption body could at law refer matters to the National Prosecuting Authority for prosecution.

Mr Mudzingwa, she said, has failed to prove that police refused to perform its duty and that there was no other sufficient legal remedy.She would urge the court to throw out Mr Mudzingwa's case."It is clear that this application was manifestly ill-conceived and is nothing but an abuse of court process," said Snr Asst Comm Shambare

In his application, Mr Mudzingwa also seeks an order for the Executive to distance itself from Minister Moyo's prosecution.He said it was his constitutional right as a Zimbabwean citizen to have Minister Moyo "brought before equity"."I make that plea as a citizen and a subject of the State for whose benefit the Constitution was enacted," said Mr Mudzingwa.

Minister Moyo, he said, should be given the chance to prove that he is a true Robin Hood and that the law allows him to abuse public funds arguing he cannot plead his cause, before Cabinet, the Politburo or on Twitter.Mr Mudzingwa attacked Vice President Phelekezela Mphoko's statement that Minister Moyo cannot be arrested without President Mugabe's consent as wrong and unacceptable at law.

The VP's conduct, he said, gave the impression that the constitutional ideals underpinning the establishment of Zacc were not high on the State's agenda.To back his case, Mr Mudzingwa cited various sections of the Constitution.