News / National
'Mnangagwa must be answerable to Grace Mugabe's fake PhD'
03 Apr 2019 at 12:00hrs | Views
SUSPENDED University of Zimbabwe vice chancellor Levi Nyagura, pictured, has said President Emmerson Mnangagwa must be prosecuted for abusing office by retaining Grace Mugabe's invalid degree.
Nyagura revealed this in his application for exception filed yesterday where he argued that the charges put to him do not disclose an offence.
He stands accused of fraudulently awarding a PhD to the former first lady.
Through his lawyer Sylvester Hashiti, Nyagura argued that the authority reposed with the power to revoke the degree was Mnangagwa, yet he considers it valid. He argued a court cannot order otherwise in criminal proceedings in a case where he is not the accused.
Hashiti argued that Mnangagwa, who is the UZ chancellor or his predecessor Robert Mugabe, are the answerable persons who must instead face the charges.
"Section 7 of the University of Zimbabwe Act reposes the power to rescind and set aside degrees on the chancellor. The current chancellor Emmerson Dambudzo Mnangagwa has not revoked this degree.
"It remains valid at law and as such the process by which it was conferred remains valid. If he (Mnangagwa) retains and keeps an invalid degree, then he is abusing office and ought to be hauled before the courts," Hashiti argued.
He submitted that none of the persons involved in the enrolment, tutelage, supervision, recommendation and conferment of the PhD have been brought to court particularly the former and current vice chancellors or relevant ministers. Hashiti said the facts clearly show that Nyagura does not teach, supervise or examine any candidates and is not involved in the recruitment process.
He also argued that the State's charges do not consider that the PhD in question remains extant and that its validity cannot be put in question by a criminal process.
It was his submission that the legislature deliberately excluded imputing a criminal liability under the Universities Act as opposed to the Companies Act.
"Consequently, the State cannot impute personal liability where same has been deliberately excluded by law," he said.
Nyagura revealed this in his application for exception filed yesterday where he argued that the charges put to him do not disclose an offence.
He stands accused of fraudulently awarding a PhD to the former first lady.
Through his lawyer Sylvester Hashiti, Nyagura argued that the authority reposed with the power to revoke the degree was Mnangagwa, yet he considers it valid. He argued a court cannot order otherwise in criminal proceedings in a case where he is not the accused.
Hashiti argued that Mnangagwa, who is the UZ chancellor or his predecessor Robert Mugabe, are the answerable persons who must instead face the charges.
"Section 7 of the University of Zimbabwe Act reposes the power to rescind and set aside degrees on the chancellor. The current chancellor Emmerson Dambudzo Mnangagwa has not revoked this degree.
"It remains valid at law and as such the process by which it was conferred remains valid. If he (Mnangagwa) retains and keeps an invalid degree, then he is abusing office and ought to be hauled before the courts," Hashiti argued.
He submitted that none of the persons involved in the enrolment, tutelage, supervision, recommendation and conferment of the PhD have been brought to court particularly the former and current vice chancellors or relevant ministers. Hashiti said the facts clearly show that Nyagura does not teach, supervise or examine any candidates and is not involved in the recruitment process.
He also argued that the State's charges do not consider that the PhD in question remains extant and that its validity cannot be put in question by a criminal process.
It was his submission that the legislature deliberately excluded imputing a criminal liability under the Universities Act as opposed to the Companies Act.
"Consequently, the State cannot impute personal liability where same has been deliberately excluded by law," he said.
Source - dailynews
