Mutodi said the reports that President Mugabe blocked the arrest of Moyo who is wanted by police to answer charges of corruption and theft of trust property have tainted the office of the President by creating an impression that Mugabe is protecting criminals in his government as long as they support him to stay in power.
He said according to reports, Moyo siphoned Zimdef funds meant to promote specialist training in his ministry and diverted them to his constituency and personal use without cabinet approval.
“The minister has not denied taking the money amounting to more than $450 000 but says that he can not be arrested for the theft because every other ZANU PF minister is stealing and he is not supposed to be used as a ransom. He has also said that the money that he took is a drop in an ocean as some other ZIMDEF funds had been used as intended. What is also alarming about his defence that he has provided to the media is that he accuses ZACC to be pursuing a factional agenda and fighting Emmerson Mnangagwa’s succession wars. He says he is being victimized by tribalists and successionists who want to succeed Mugabe at all cost and see him as a stumbling block to their mission,” Mutodi said.
“Having considered all what Moyo has said about the accusations being leveled against him, one would obviously come to a conclusion that Moyo is indirectly creating an impression that Mugabe is now incapacitated and can no longer rule because factionalism in his ZANU PF party cannot allow him to execute his constitutional duty of upholding the constitution.”
He said the constitution allows for the non-selective application of the law meaning that anyone accused of a crime must face justice irrespective of the political party they belong to, their social status, race or whatever. Moyo must know that he is not above the law.
“Only a sitting president is immune to prosecution but not a minister or any other government official who thinks he or she is too important to be arrayed before the courts for crime. Our country is in this sorry economic state because of rampant public sector corruption. We have no infrastructure and there is no investment.
There are therefore no jobs and millions of our people are wallowing in poverty yet ministers who siphon public funds and use them to build mansions and fund their extravagant lives are protected from arrest by the highest office on the land.
Corrupt government officials continue to hide in factionalism, tribalism and regionalism in order to evade justice,” he said.’Moyo must face justice and Mugabe must not protect him. The constitution allows for the separation of powers, cannot stand in the course of justice and block the prosecution of anyone’
“This is unacceptable. Moyo must face justice and Mugabe must not protect him. The constitution allows for the separation of powers meaning that Mugabe as Executive President cannot stand in the course of justice and block the prosecution of anyone accused of a crime.Moyo’s crime has attracted public attention because he has deprived education to poor students who look up to him as a minister and trustee of ZIMDEF funds to allow them to learn and help their country move forward.”
Mutodi said Moyo is not the first minister to be charged. Former Energy Minister Elton Mangoma appeared in court for criminal abuse of office and more recently Martin Dinha was arrested and charged for extortion while Kumbirai Kangai a sitting ZANU PF minister was in the year 2000 arrested and appeared in court for contravening the Prevention of Corruption Act.
“What is so special about Jonathan Moyo that he can not be arrested and face justice? Why should Mugabe be used to shield him? When he took ZIMDEF funds and used them to buy bicycles he knew that those funds were not party funds and therefore needed cabinet approval if ever they were to be reallocated elsewhere. The message that must sink in Moyo’s head is that the law will eventually take its course. It is better to be tried now than when the President is no longer in office,” he said.
“Everyone knows that Moyo is creating an impression to Mugabe that he and Mphoko are playing a big role to make him continue in office. They are creating an impression that the so called Gukurahundi massacres were instigated by Mugabe and it is themselves who are protecting the president from an uprising. They are not saying anything about what Nkomo did to cause those massacres. They are only pinpointing Mugabe and his state security and defence ministers.
They are now using this trick to steal from parastatals knowing for certain that once an investigation is put in place against them, they will simply say we are being persecuted for supporting Mugabe.”
The outspoken activist said this is a trick that will not last forever. Mphoko’s day in court is coming without fail. He is on record beating up police officers and standing in the way of justice and eventually he will pay the price.
“All of us know that it was Joshua Nkomo’s hunger for power that caused the disturbances that occurred in Matebeleland in 1983. Nkomo had lost the election and he could not stomach seing Mugabe in power yet he was a mere member in the National Democratic Party and in ZAPU between 1960 and 1963, both parties of which were successively led by Nkomo,” he said.
“The Zimbabwe Anti-Corruption Commission must continue to pursue the Jonathan Moyo case until it is finalized in court. If anyone wants to protect Moyo, he or she must put it in writing such that it can be used as a precedence in any future investigations against government officials and ordinary citizens.
The law must not be applied selectively. If theft of public money is no longer an offense in Zimbabwe then President Mugabe must use his presidential powers to pass that decree. No one is above the law and we the people of Zimbabwe want to see Moyo and Mphoko face justice.” by Stephen Jakes. Source – Byo24News