News / National
'Nyagura shoudl be held accountable for Grace Mugabe's fraudulent PhD'
05 Apr 2019 at 16:26hrs | Views
Prosecutors yesterday insisted that suspended University of Zimbabwe (UZ) vice chancellor Levi Nyagura should be held accountable for facilitating the conferment of Grace Mugabe's fraudulent PhD.
On Tuesday, Nyagura excepted to the graft charges saying the current UZ chancellor Emmerson Mnangagwa or his predecessor Robert Mugabe are the answerable persons who must instead face the charges. Nyagura stands accused of single-handedly and fraudulently conferring 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 considers it valid and a court cannot order otherwise in criminal proceedings in a case where he is not the accused.
Responding to Nyagura's application, prosecutor Tapiwa Godzi said there is no basis of quashing the charges and urged the court to dismiss the application which he described as devoid of merit.
"The charge is that the accused person deliberately violated rules, regulations and practices of the university in awarding Grace Marufu a PhD which amounts to criminal abuse of office. The attempts therefore to implicate the successive UZ chancellor is not only dishonest but also mischievous," Godzi said.
However, Hashiti said the magistrates' courts have no authority to hear the case as the relevant authorities have not revoked the PhD in question. "The procedure of setting aside a valid administrative process has nothing to do with the court. This court is excused from presiding over such cases by command of law. It is only the High Court which has powers to hear this matter," Hashiti said.
He also submitted that the Higher and Tertiary Education ministry which should be cited as the complainant has since declared no interest in the matter. "The permanent secretary in the ministry wrote to the prosecution saying they are not the complainant yet it oversees the sector,"
"The ministry also indicated that it should not be cited as representing the complainant as it never complained and does not intend to complain against the conferment of the PhD," Hashiti said
Magistrate Munamato Mutevedzi rolled the matter to April 9 for ruling.
On Tuesday, Nyagura excepted to the graft charges saying the current UZ chancellor Emmerson Mnangagwa or his predecessor Robert Mugabe are the answerable persons who must instead face the charges. Nyagura stands accused of single-handedly and fraudulently conferring 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 considers it valid and a court cannot order otherwise in criminal proceedings in a case where he is not the accused.
Responding to Nyagura's application, prosecutor Tapiwa Godzi said there is no basis of quashing the charges and urged the court to dismiss the application which he described as devoid of merit.
However, Hashiti said the magistrates' courts have no authority to hear the case as the relevant authorities have not revoked the PhD in question. "The procedure of setting aside a valid administrative process has nothing to do with the court. This court is excused from presiding over such cases by command of law. It is only the High Court which has powers to hear this matter," Hashiti said.
He also submitted that the Higher and Tertiary Education ministry which should be cited as the complainant has since declared no interest in the matter. "The permanent secretary in the ministry wrote to the prosecution saying they are not the complainant yet it oversees the sector,"
"The ministry also indicated that it should not be cited as representing the complainant as it never complained and does not intend to complain against the conferment of the PhD," Hashiti said
Magistrate Munamato Mutevedzi rolled the matter to April 9 for ruling.
Source - dailynews
