Jonathan Moyo arrest bid withdrawn

A HARARE vendor, who had approached the High Court seeking an order compelling the Zimbabwe Anti-Corruption Commission (Zacc) and the Zimbabwe Republic Police (ZRP) to arrest Higher Education minister Jonathan Moyo over corruption allegations, yesterday withdrew his application, saying it had been overtaken by events.

Hardlife Mudzingwa had also approached the court seeking an order for the Executive to distance itself from Moyo's prosecution over allegations of misappropriating $450 000 from the Zimbabwe Manpower Development Fund.

However, after being invited to the Zacc offices last week where his statement was recorded, Moyo approached the Constitutional Court challenging the anti-graft body's arresting powers. Chief Justice Godfrey Chidyausiku ruled in his favour and stayed his prosecution.

Contacted for comment, Mudzingwa's lawyer, Simon Mupindu, confirmed the latest development, adding the High Court application had been overtaken by events.

"The application was withdrawn based on the decision of the Constitutional Court. Even if we were to get an order in our favour from Justice Matanda-Moyo, still the order would have had no effect because of the decision by Chief Justice Chidyausiku," Mupindu said.

Moyo's lawyer, Advocate Terence Hussein, however, said Mudzingwa had withdrawn his application after realising it lacked merit and that he was just being used.

"The applicant (Mudzingwa) withdrew his application after considering and accepting it had no merit and also fearful of being used. We, however, had no problems with his decision and we accepted it," Hussein said.

In his application, Mudzingwa had listed Moyo, Vice-President Phelekezela Mphoko, Commissioner-General of Police Augustine Chihuri and Zacc as respondents. He was arguing it was his constitutional right as a Zimbabwean citizen to have Moyo "brought before equity".