FORMER Finance minister Ignatius Chombo, who is facing a plethora of charges ranging from fraud, criminal abuse of office and corruption, yesterday made a constitutional application for a declaratory order for a stay of persecution. Chombo, a powerful and untouchable minister under the toppled former president Robert Mugabe regime, was abducted from his home during the military takeover before being taken to court after being detained for more than a week.
Citing the National Prosecuting Authority, the Prosecutor-General and the Attorney-General of Zimbabwe as respondents, Chombo applied for a stay of prosecution, arguing his rights had been infringed by the State. “I am making this constitutional application in terms of section 85(1)(a) of the constitution of Zimbabwe, 2013, seeking a declaration by this honourable court in the exercise of its jurisdiction in terms of section 171(1)c) of the constitution,” Chombo wrote in his application.
The former minister said a number of his rights had been violated, which include the right to personal liberty as espoused in section 49 of the constitution, the right to be informed of the reason why he was being arrested as protected by section 50 of the constitution, the right to be treated humanely and with dignity while under arrest and right to personal security protected by section 52(a) of the constitution.
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