BY CHARLES LAITON
FORMER Local Government minister Saviour Kasukuwere, who is facing charges of abuse of office for allegedly illegally parcelling out of State land, has filed heads of argument at the High Court challenging procedures adopted by regional magistrate Hoseah Mujaya and the appointment of Harare lawyer Zivanai Macharaga to act as prosecutor in his trial.
In his heads of argument filed on February 26, 2019 by his lawyer Advocate Thembinkosi Magwaliba, Kasukuwere said Macharaga’s appointment to represent the State was in contravention of the Constitution.
Kasukuwere also accused Mujaya of being biased in the manner he has so far handled the matter.
The former minister said Mujaya failed to properly consider his application when he sought to be absolved from any wrongdoing since the charges preferred against him did not disclose any offence, adding his actions were a bona fide exercise of administrative power and authority.
Commenting on the appointment of Macharaga as prosecutor, Kasukuwere said he was corruptly appointed, adding in terms of section 259(10) of the Constitution, prosecutors were not appointed by the Prosecutor-General, but by a board.
“The second respondent claimed to have been appointed by the Prosecutor-General. His appointment was, therefore, mired with irregularities, which vitiated the proceedings. His attempt to explain away the irregularities, in the present proceedings actually exposes more flaws in the process,” Kasukuwere said.
“The appointment of the second respondent was, therefore outside the parameters of the Constitution and was unconstitutional. The purported appointment of the second respondent by the then acting Prosecutor-General was invalid.”
Kasukuwere further said the prosecution of his case required no special skill or qualification and could be undertaken by any prosecutor, adding that there was, therefore, no reason for the appointment of a special prosecutor.