News / National
Top cop challenges SACU legality
06 Nov 2020 at 01:29hrs | Views
POLICE Commissioner Douglas Jabulani Nyakutsikwa, who is facing charges related to corrupt allocation of housing stands, yesterday said he wanted to challenge the constitutionality of the establishment of the Special Anti-Corruption Unit (SACU).
Nyakutsikwa, through his lawyer Mr Tapson Dzvetero, questioned why the State had directed that he and his co-accused should collect the State documents to prepare for their trial on criminal abuse of office charges from the office of the Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs.
Questioning SACU's authority he said: "SACU was not established through an Act of Parliament or a Statutory Instrument. The constitutionality of that organ should be looked into. We will be challenging the establishment of that unit," said Mr Dzvetero.
However, prosecutor Mr Zivanai Macharaga said Nyakutsikwa was arrested by SACU and it was operating under the coordination of the Ministry of Justice, Legal and Parliamentary Affairs.
Mr Macharaga said he saw no anomaly in Nyakutsikwa's lawyers collecting the papers from the permanent secretary's office since it was the one coordinating SACU's operations.
Nyakutsikwa is being jointly charged with suspended Harare housing director Admore Nhekairo on allegations of corrupt allocations of residential stands in Harare.
On November 28, 2018, Nyakutsikwa had been invited for a selection interview for the allocation of stand 1057 Strathaven Township by Nhekairo although he had not applied for the allocation.
Nhekairo allegedly went on to select Nyakutsikwa for the offer of the stand. It is alleged that Nyakutsikwa wrote a letter on a ZRP letterhead to Harare City Council seeking six residential stands in the Vainona neighbourhood for himself, his friend Trynos Shonhiwa who is not a police officer, and his brother-in-law, Like Buroma.
The letter is erroneously dated December 10, 2020.
The court heard as a result of this letter, he was given three stands including 598, 600 and 601 Vainona. Nyakutsikwa and Nhekairo allegedly showed favour to Shonhiwa and Buroma by causing the allocation without following due process.
It is also alleged that Nyakutsikwa also benefited unlawfully at the same time as he was shown favour by Nhekairo.
Nyakutsikwa, through his lawyer Mr Tapson Dzvetero, questioned why the State had directed that he and his co-accused should collect the State documents to prepare for their trial on criminal abuse of office charges from the office of the Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs.
Questioning SACU's authority he said: "SACU was not established through an Act of Parliament or a Statutory Instrument. The constitutionality of that organ should be looked into. We will be challenging the establishment of that unit," said Mr Dzvetero.
However, prosecutor Mr Zivanai Macharaga said Nyakutsikwa was arrested by SACU and it was operating under the coordination of the Ministry of Justice, Legal and Parliamentary Affairs.
Mr Macharaga said he saw no anomaly in Nyakutsikwa's lawyers collecting the papers from the permanent secretary's office since it was the one coordinating SACU's operations.
On November 28, 2018, Nyakutsikwa had been invited for a selection interview for the allocation of stand 1057 Strathaven Township by Nhekairo although he had not applied for the allocation.
Nhekairo allegedly went on to select Nyakutsikwa for the offer of the stand. It is alleged that Nyakutsikwa wrote a letter on a ZRP letterhead to Harare City Council seeking six residential stands in the Vainona neighbourhood for himself, his friend Trynos Shonhiwa who is not a police officer, and his brother-in-law, Like Buroma.
The letter is erroneously dated December 10, 2020.
The court heard as a result of this letter, he was given three stands including 598, 600 and 601 Vainona. Nyakutsikwa and Nhekairo allegedly showed favour to Shonhiwa and Buroma by causing the allocation without following due process.
It is also alleged that Nyakutsikwa also benefited unlawfully at the same time as he was shown favour by Nhekairo.
Source - the herald
