Munesu Chigada
Harare, Zimbabwe (News of the South)-Expert lawyer Alex Magaisa has expressed reservations about the Constitutional Court’s approach to fundamental rights after its throwing out of Prof Jonathan Moyo’s case in which he was challenging the legality of the Zimbabwe Anti-Corruption Commission arresting him.
The former advisor to Morgan Tsvangirai during his tenure as Prime Minister agreed that Moyo had erred in approaching the ConCourt but expressed reservations about its approach to fundamental rights.
“I’ve read the ConCourt judgment on the Moyo case. The BSR prevents me from doing a fuller analysis this week. But it will be done”
“If it represents the CJ’s approach to fundamental rights, then the future has more cloud than sunshine”
“While the Court rightly states the proper court to raise objections was the Magistrates Court, the judgment leaves much to be desired”
“If it represents the CJ’s approach to fundamental rights, then the future has more cloud than sunshine”, he said on social media.
Justice Malaba released the ruling on Wednesday opening the way for the re-arrest of Moyo who has been on record arguing his innocence in the matter involving abuse of office and misuse of funds.
Moyo had approached the courts, seeking to have them rule that his arrest / detention by the country’s anti-graft unit, the Zimbabwe Anti Corruption Commission was unprocedural, and unlawful.
Moyo argued that ZACC did not have arresting powers.
The Anti-Graft body had sought to arrest Moyo on charges of theft, criminal abuse of office, and fraud, after the Minister allegedly diverted funds from his portfolio parastatal Zimbabwe Man Power Development Fund, to personal use.
Moyo was jointly charged with his deputy.
The Court could have reached the same outcome without some of the statements regarding access to the court & fundamental rights.
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