Fresh detention threat for Jonathan Moyo

In yet another twist to the graft storm surrounding Higher Education minister Jonathan Moyo, the State yesterday applied for a warrant of arrest against him at the Harare Magistrates' Courts, although the Constitutional Court subsequently moved to stay the embattled Tsholotsho North Member of Parliament's prosecution.

But his deputy and co-accused in the multiple corruption charges that he faces, Godfrey Gandawa, was not so fortunate, and was due to spend last night in custody, following the State's strong objection to his bail application.

Moyo was absent when the State applied for a warrant of arrest against him, with Harare provincial magistrate, Vakayi Douglas Chikwekwe, postponing his determination on the application to today.

However, in his later ruling on Moyo's application for relief in the Constitutional Court, Chief Justice Godfrey Chidyausiku ordered that the current criminal proceedings against him be stayed (suspended) pending the determination of his application in the apex court.

Speaking to the Daily News last night, Moyo's lawyer Terrence Hussein also asked the State to leave Moyo alone in the meantime.

"They should leave Moyo alone until such a time that the Constitutional Court makes a determination on his rights. We will be filing our last papers on the third of December and after that, that is when the registrar will tell us when the Constitutional Court will deliberate on the matter," he said, intimating that the legal brawl between the State and Moyo still had a long way to go.

Moyo and Gandawa are being jointly charged on allegations of criminal abuse of office, fraud, money laundering, defeating the course of justice and concealing their personal interest in various transactions relating to Zimbabwe Manpower Development Fund (Zimdef) monies.

"The second accused person (Moyo) is not present in court but was arrested on November 2 and there was an undertaking that he would appear today (yesterday), within the 48-hour period as provided by the Constitution.

"I have an indemnity signed by his lawyer that he would make his client available and in the same document it was noted that failure of the accused person to appear he would be arrested and detained," prosecutor Lovett Masuku said as he addressed Chikwekwe.

And in opposing Gandawa's bail application, Masuku argued that the deputy minister was not "a suitable candidate" for bail because he had allegedly manipulated documents linking him to the claimed offences.

According to the State, between December 2015 and April this year, Gandawa corruptly concealed his personal interest in various transactions when he engaged his company Fuzzy Technologies, where he is a co-director with his daughter Clarence, to supply the ministry with 170 computers worth $107 525.

He also allegedly supplied an additional 75 computers worth $42 250, as well as materials meant for use at the Zimbabwe International Trade Fair, valued at $185 525.

The continuing drama surrounding Moyo, follows Zacc's surprise summoning and detention of the Higher Education minister for five hours on Wednesday, following weeks of ping-pong attacks between the statutory anti-graft body and the embattled Zanu PF politburo member.

This also came after the under-siege Moyo stunningly accused Vice President Emmerson Mnangagwa, in an explosive statement on Tuesday, of using Zacc and other key institutions such as the National Prosecuting Authority (NPA) and State media to advance the VP's mooted presidential aspirations.

The graft storm engulfing Moyo has not only exposed Zanu PF's nasty tribal, factional and succession fissures, but also the ruling party's gross abuse of State resources to advance its interests and those of its senior officials.

Moyo's hard-hitting statement on Tuesday laid bare the deadly factional and succession wars that are ripping apart President Robert Mugabe's ruling Zanu PF, after he bluntly accused Mnangagwa and his supporters of allegedly abusing Zacc and other key State apparatus to destroy him and to allegedly advance the VP's presidential ambitions.

Zanu PF insiders who spoke to the Daily News then said the unprecedented statement was set to shake both the ruling party and the government to their core, after Moyo also gave notice of his intention to sue Mnangagwa, Information minister Christopher Mushohwe and Information permanent secretary George Charamba — among many others — for smearing him.

Moyo said in his statement that instead of being an "independent body", Zacc was now a vehicle for the furtherance of factional agendas, as Mnangagwa allegedly fought hard to succeed Mugabe.

"On their own admission, as subsequently confirmed by … Mnangagwa, Zacc, in circumstances that are unclear, met with … 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 (ostensibly by Mugabe) when this in fact was not true," he said.

"I have learnt, and it has been established that these meetings with the Vice President (Mnangagwa) are not meetings provided for by the law, and were 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," Moyo added.

He also said his current political and legal woes were allegedly part of Mnangagwa's grand scheme to smear his reputation as a minister, MP and politburo member.

"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," he said, adding that such decisions were unlawful and open to challenge.

He also claimed that Zacc was being used in the ruling party's ugly succession politics as a weapon to attack individuals who held divergent views on the country's political discourse.

"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," he thundered.

He also suggested that Nguni was the "emissary" of the Lacoste political faction at Zacc, adding that the Zacc commissioner had a "political relationship" with Mnangagwa.

Moyo, a former Information minister, also said State media were being used to malign him.

"It is clear from the Anti-Corruption Act that the chairperson of the commission, who by qualification, is 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 hijacked 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 investigation by relevant authorities including the police," he said.

"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 … Nguni, Zacc … George Charamba … Christopher Mushowe … Mnangagwa," Moyo said, further citing Zimpapers, its editors and newspapers which he said had written and carried offending stories about him.

He said besides Zacc having no arresting powers, it had attempted on four occasions to arrest him at Zanu PF headquarters, his house, his ministerial office and at Parliament.

He also said the NPA was also being used in the alleged plot to arrest him, further stating that some senior officers from the authority were part of the meeting with Zacc and Mnangagwa.

He said this had undermined the independence of the NPA, an aspect which he said had been exacerbated by the appointment of the acting prosecutor general Ray Goba.

He further accused Nguni and Goba of being convicted criminals, adding that their appointments had been administered by Mnangagwa.

"These patently unlawful appointments are not by coincidence 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.

"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 the appointing authority, His Excellency, the president. I have not committed any crime under any law," he fumed.