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Mujuru can be prosecuted, only Mugabe is immune
02 Nov 2014 at 06:01hrs | Views
Vice President Mujuru can be prosecuted on allegations of corruption, extortion and abuse of office as the Constitution only protects the President from civil and/or criminal proceedings.
This came up during a discussion on constitutionalism, democratisation and freedom of expression organised by the Voluntary Media Council of Zimbabwe in Harare last Thursday.
VMCZ board member and journalist Tapfuma Machakaire – while advocating closer constitutional analysis – said the Constitution was clear that the VP could be prosecuted if a complainant made a police report backed by sufficient evidence.
VP Mujuru is accused of extortion, bribery, corruption and abuse of office.
She allegedly received and signed for thousands of dollars in illegal cash payments from Kenyan and Indian financiers of the Mujuru family's duty-free shops at Harare International Airport.
The VP, after allegedly receiving the payouts, elbowed the investors out of the businesses after they had poured US$1 million into the shops.
If true, it means she received the cash payments in violation of the Companies Act and income tax regulations.
In addition, she is accused of abusing her office and political status to compel lawyers representing the aggrieved party to unethically renounce agency.
First Lady Amai Grace Mugabe alluded to the alleged illegal dealings during her "Meet the People" tour, and called on VP Mujuru to resign.
VP Mujuru and her lawyers have seperately denied any wrongdoing.
Mr Machakaire said: "There are also issues in the Constitution to do with Presidential Immunity… the Constitution is clear that the VP can be prosecuted because she is not immune. Section 98 only speaks to the immunity of the sitting President."
Further, Parliament is constitutionally mandated to come up with a Code of Conduct for VPs, ministers and their deputies.
Section 98(1) of the Constitution reads: "While in office, the President is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his or her personal capacity."
Section 106 goes on: "Every Vice-President, minister and deputy minister must act in accordance with this Constitution. Vice-Presidents, ministers and deputy ministers may not, during their tenure of office – (b) act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or (c) use their position, or any information entrusted to them, to enrich themselves or improperly benefit any other person.
"(3) An Act of Parliament must prescribe a code of conduct for Vice-Presidents, ministers and deputy ministers."
Parliament has not made any moves to establish any such code.
The Constitution is also clear that the VP serves at the pleasure of the President.
According to the Sixth Schedule, 14(1)(2), the President appoints not more than two VPs who hold office at his pleasure, though this provision falls away in 2023 when the President must have a running mate for elections.
This came up during a discussion on constitutionalism, democratisation and freedom of expression organised by the Voluntary Media Council of Zimbabwe in Harare last Thursday.
VMCZ board member and journalist Tapfuma Machakaire – while advocating closer constitutional analysis – said the Constitution was clear that the VP could be prosecuted if a complainant made a police report backed by sufficient evidence.
VP Mujuru is accused of extortion, bribery, corruption and abuse of office.
She allegedly received and signed for thousands of dollars in illegal cash payments from Kenyan and Indian financiers of the Mujuru family's duty-free shops at Harare International Airport.
The VP, after allegedly receiving the payouts, elbowed the investors out of the businesses after they had poured US$1 million into the shops.
If true, it means she received the cash payments in violation of the Companies Act and income tax regulations.
In addition, she is accused of abusing her office and political status to compel lawyers representing the aggrieved party to unethically renounce agency.
First Lady Amai Grace Mugabe alluded to the alleged illegal dealings during her "Meet the People" tour, and called on VP Mujuru to resign.
VP Mujuru and her lawyers have seperately denied any wrongdoing.
Mr Machakaire said: "There are also issues in the Constitution to do with Presidential Immunity… the Constitution is clear that the VP can be prosecuted because she is not immune. Section 98 only speaks to the immunity of the sitting President."
Further, Parliament is constitutionally mandated to come up with a Code of Conduct for VPs, ministers and their deputies.
Section 98(1) of the Constitution reads: "While in office, the President is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his or her personal capacity."
Section 106 goes on: "Every Vice-President, minister and deputy minister must act in accordance with this Constitution. Vice-Presidents, ministers and deputy ministers may not, during their tenure of office – (b) act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or (c) use their position, or any information entrusted to them, to enrich themselves or improperly benefit any other person.
"(3) An Act of Parliament must prescribe a code of conduct for Vice-Presidents, ministers and deputy ministers."
Parliament has not made any moves to establish any such code.
The Constitution is also clear that the VP serves at the pleasure of the President.
According to the Sixth Schedule, 14(1)(2), the President appoints not more than two VPs who hold office at his pleasure, though this provision falls away in 2023 when the President must have a running mate for elections.
Source - Sunday Mail
