Zacc commissioner contests suspension

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ZIMBABWE Anti-Corruption Commission (Zacc) commissioner Frank Muchengwa, who was suspended last week following corruption allegations, has approached the High Court seeking to nullify the decision.
Muchengwa cited Zacc and its chairperson Justice Loice Matanda-Moyo as respondents.
He wants an order interdicting Zacc from withdrawing his security service and taking away his service pistol until President Emmerson Mnangagwa – who has the sole prerogative of determining the suspension of commissioners through a tribunal, has decided on his case.
Muchengwa was appointed as a commissioner in September 2019 and allocated a police detail and service pistol for security.
The court heard on September 8, Muchengwa received a letter from the Judicial Services Commission indicating that they had resolved in a meeting of September 3 that Mnangagwa should determine if he should be removed from office.
The following day, Matanda-Moyo then removed Muchengwa from a WhatsApp group of fellow commissioners before ordering that he should be barred from Zacc offices.
Matanda-Moyo then orally suspended Muchengwa from his duties on September 11 before facilitating change of locks to his office.
On September 18, Muchengwa received a call from the police directing him to surrender his pistol.
“In all material respects I still occupy the office of a commissioner and the locking of my office hinders my work. I have some pending matters of national interest that are under investigation. I have a serious apprehension that if I continue to be barred from entering the office someone may tamper with the files,” Muchengwa said in his affidavit.
“I am still exposed to serious security risks as there were break-ins at my house once, two in my car and once at my office.”
Muchengwa argued that only Mnangagwa had authority to order his suspension, not Matanda-Moyo.
He argued that his suspension can only be done after a tribunal has been constituted to determine his fate.
“I am advised that my purported suspension is a legal nullity and in all respects, I am still called upon to execute my duties as a commissioner by the appointing authority until the appointing authority decides to appoint a tribunal and refer the matter,” added Muchengwa.
“If my personal security is revoked, I am exposed to serious risks because of the matters I am working on. I only have one life; it would be a tragedy if I lose it.”

 

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