News / National
'Those accusing Mujuru of corruption should make a formal police report'
09 Nov 2014 at 08:05hrs | Views
PROSECUTOR-GENERAL Mr Johannes Tomana has said his office will not "kill" a potential corruption case against Vice- President Joice Mujuru by ordering police Commissioner-General Augustine Chihuri to investigate the graft allegations. Under the new Constitution Mr Tomana has powers to institute and conduct criminal proceedings on behalf of the State and also has the power to direct the Commissioner-General of Police to investigate cases.
The new Constitution transferred the responsibility for criminal prosecutions from the Attorney-General's office to the new National Prosecuting Authority (NPA) established by Section 258 of the Constitution.
VP Mujuru is being accused of receiving and signing 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, reportedly elbowed the investors out of the businesses after they had poured $1 million into the shops.
If true, it means she received the cash payments in violation of the Companies Act and income tax regulations.
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. VP Mujuru and her lawyers have separately denied any wrongdoing.
Speaking to Sunday News on the sidelines of the inaugural NPA workshop in Bulawayo yesterday, Mr Tomana said ordering the Police Commissioner-General to investigate VP Mujuru when a police report had not been made against her, would actually aide the VP's defence in the event that she were to appear before the courts of law.
Urging those accusing the VP of corruption to make a formal police report, Mr Tomana said his office would only order an investigation when police fail to take appropriate action on the report.
"If we get a docket and there is evidence of a crime we will prosecute, but we cannot invoke the provision when a police report has not been made. That will actually arm the accused's defence, as they will then argue that the system is prejudiced against them since due process would not have been followed. It will actually kill a case.
"The police service is a constitutional institution whose sole mandate is to carry out investigations without interference. The section that provides for giving that instruction envisages a scenario where the domestic mechanisms have failed.
"If a complaint is put through all the police structures, that will help us to see that that system has failed, especially if we see that there is actually a case. Because I'm now invoking a constitutional provision, it's no longer supposed to be taken lightly because if he (Commissioner-General) does not respond, the President will have to do something. It's got consequences and it's not meant to be used in the understanding that transforms us into an alternative to reporting.
"Has anyone who knows anything about the VP case reported the matter to police? They need to do that as a condition precedent to us intervening," Mr Tomana said.
Meanwhile, speaking on the sidelines of the same function, police director of legal services, Senior Assistant Commissioner Benjamin Mhiripiri said police would only investigate allegations against the VP after a formal report has been made.
Snr Asst Comm Mhiripiri said police would comply if the Prosecutor-General was to order an investigation into the graft allegations against the VP.
"No police report has been made so far. That could be politicking and we can't act on that. We can only investigate a matter if it is reported. If there is an order for us to investigate we will oblige because that is the law. But like I said, no formal report has been made and we can't act," he said.
First Lady Dr Grace Mugabe alluded to the alleged illegal dealings during her Meet the People tour, and called on VP Mujuru to resign.
The NPA is headed by a Prosecutor-General and Mr Tomana, who was previously Attorney-General, has become the Prosecutor-General by virtue of Paragraph 19 (2) of the Sixth Schedule to the Constitution, which states that: "The person who held office as Attorney-General immediately before the effective date continues in office as Prosecutor-General on and after that day."
The effective date for this provision of the Constitution was 22 August.
The new Constitution transferred the responsibility for criminal prosecutions from the Attorney-General's office to the new National Prosecuting Authority (NPA) established by Section 258 of the Constitution.
VP Mujuru is being accused of receiving and signing 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, reportedly elbowed the investors out of the businesses after they had poured $1 million into the shops.
If true, it means she received the cash payments in violation of the Companies Act and income tax regulations.
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. VP Mujuru and her lawyers have separately denied any wrongdoing.
Speaking to Sunday News on the sidelines of the inaugural NPA workshop in Bulawayo yesterday, Mr Tomana said ordering the Police Commissioner-General to investigate VP Mujuru when a police report had not been made against her, would actually aide the VP's defence in the event that she were to appear before the courts of law.
Urging those accusing the VP of corruption to make a formal police report, Mr Tomana said his office would only order an investigation when police fail to take appropriate action on the report.
"If we get a docket and there is evidence of a crime we will prosecute, but we cannot invoke the provision when a police report has not been made. That will actually arm the accused's defence, as they will then argue that the system is prejudiced against them since due process would not have been followed. It will actually kill a case.
"The police service is a constitutional institution whose sole mandate is to carry out investigations without interference. The section that provides for giving that instruction envisages a scenario where the domestic mechanisms have failed.
"If a complaint is put through all the police structures, that will help us to see that that system has failed, especially if we see that there is actually a case. Because I'm now invoking a constitutional provision, it's no longer supposed to be taken lightly because if he (Commissioner-General) does not respond, the President will have to do something. It's got consequences and it's not meant to be used in the understanding that transforms us into an alternative to reporting.
"Has anyone who knows anything about the VP case reported the matter to police? They need to do that as a condition precedent to us intervening," Mr Tomana said.
Meanwhile, speaking on the sidelines of the same function, police director of legal services, Senior Assistant Commissioner Benjamin Mhiripiri said police would only investigate allegations against the VP after a formal report has been made.
Snr Asst Comm Mhiripiri said police would comply if the Prosecutor-General was to order an investigation into the graft allegations against the VP.
"No police report has been made so far. That could be politicking and we can't act on that. We can only investigate a matter if it is reported. If there is an order for us to investigate we will oblige because that is the law. But like I said, no formal report has been made and we can't act," he said.
First Lady Dr Grace Mugabe alluded to the alleged illegal dealings during her Meet the People tour, and called on VP Mujuru to resign.
The NPA is headed by a Prosecutor-General and Mr Tomana, who was previously Attorney-General, has become the Prosecutor-General by virtue of Paragraph 19 (2) of the Sixth Schedule to the Constitution, which states that: "The person who held office as Attorney-General immediately before the effective date continues in office as Prosecutor-General on and after that day."
The effective date for this provision of the Constitution was 22 August.
Source - Sunday News
