The National Prosecuting Authority (NPA) has responded to allegations of corruption raised by former Norton Member of Parliament, Temba Mliswa, against a Chegutu-based prosecutor, Abigal Fana.
In a statement issued this Tuesday, 14 May 2024, the NPA said that it takes the allegations seriously as they may affect the public’s confidence in the country’s criminal justice delivery system.
The NPA, however, said that in the case cited by Mliswa, the decision not to place the accused person on remand was made after careful consideration by authorities. The statement reads in part:
The Prosecutor General Hon Loyce Matanda-Moyo and the National Prosecuting Authority (NPAZ) take note of the concerns raised by Mr Themba Mliswa regarding how the criminal case of S v TATENDA GWINJI (a fraud case) was handled.
The complaint raises allegations of corruption against a member of our prosecutorial team. We understand that these accusations are very serious and could affect the public’s confidence in our criminal justice delivery system.
In line with our unwavering commitment to the rule of law and the pursuit of justice, we wish to assure the public that we are taking these allegations very seriously.
The NPAZ reiterates that it does not tolerate corruption within its ranks and urges anyone with evidence of such misconduct to come forward.
Concerning this particular case, the decision not to place the accused person on remand was made after careful consideration by the Prosecutor in Chegutu, in consultation with the Chief Public Prosecutor in charge of Mashonaland West Province.
This decision allows for a comprehensive investigation to be conducted, ensuring a thorough assessment of all the evidence before proceeding.
The complainant’s rights are not prejudiced by this decision, and investigations will continue to allow us to determine whether to proceed to trial or not. The NPAZ remains committed to ensuring a fair and just outcome for all parties involved in this case.
Historically, the criminal justice system has been misused by individuals attempting to resolve civil disputes. This practice has led to the waste of valuable resources and hindered the pursuit of genuine criminal investigations.
The NPAZ is committed to restoring public trust by focusing on the timely and effective prosecution of criminal matters and not civil matters.
The NPAZ maintains a zero-tolerance policy on corruption. Any allegations of misconduct will be thoroughly investigated, but concrete evidence is required to initiate such investigations. Publicly accusing prosecutors without evidence damages their reputations and that of the NPAZ.
We understand and appreciate the public’s desire for swift action and accountability. However, we urge all stakeholders to exercise patience and allow due process to unfold without undue interference or speculation.
Premature conclusions based on unverified information can inadvertently compromise the fairness and integrity of the legal process.
To maintain transparency and public confidence, we will provide timely updates on the progress in this case, while adhering to ethical guidelines.
We encourage citizens to report corruption responsibly to avoid the dissemination of unconfirmed claims that may unduly prejudice the outcome of the investigation.
Below is Temba Mliswa’s post on X (formerly Twitter) which the National Prosecuting Authority responded to:
CATCH & RELEASE: I have experienced this& testify that the problem is with the Prosecutor General’s Office not ZRP.
The Prosecutor of Chegutu Abigail Fana, has been there for over 5 years during which he has been known for corruption. I experienced it in the Tatenda Gwinji case.
Gwinji couldn’t pay for a vehicle and through two payments: US$25K to the Chegutu RDC and US$10K to some lawyers whose services he had used and failed to pay for. I bailed him out in exchange for a vehicle. Now he gets out of jail and yet refuses with the vehicle!
I then reported to the ZRP and would like to thank the Propol for Mash West, Nyazema who acted swiftly. Gwinji was tracked and arrested.
As the amount involved was over US$35K the case was meant for the Commercial Crimes Unit, out of the jurisdiction of the Chegutu office.
However, that didn’t happen as, clandestinely the matter was brought before the court on Friday instead of next week Monday as I had been told.
In my absence and without knowledge Gwinji was released and Prosecutor Abigail Fana agreed to proceed by way of summons.
I, the complainant, was kept out of the loop & my side of the story wasn’t sought. This is a travesty of justice& will fight this to the fullest.
Fana has been complicit in a lot of shady deals and even benefitted land through Gwinji during his time as Chegutu RDC Chairperson.
We need to fight such people and I have confidence in the new Prosecutor General Justice Matanda-Moyo having seen her exploits at ZACC that she will deliver. I have been advocating against corruption for long and will not be cowed down by such.
One apparent exhibition of the corrupt system in Chegutu is how there hasn’t been a by-election for Gwinji’s Ward despite him having served a 6-month sentence in jail.
The law is clear for office holders in such scenarios as it demands a by-election by virtue of such a sentence.
I encourage all those who have been sabotaged through this Chegutu Prosecutor’s Office corrupt network to contact me.
Don’t be afraid, let’s deal with this rot and clean the system. Corruption is the evil at our country’s core.
