adminZvamaida Murwira Harare Bureau
THE Speaker of the National Assembly, Jacob Mudenda, yesterday ruled that former State Procurement Board executive chairperson, Charles Kuwaza, should be charged with contempt of Parliament while he cleared Local Government, Public Works and National Housing Minister Saviour Kasukuwere of the same allegations.
Mudenda will soon constitute an ad-hoc committee to look into allegations of contempt of Parliament against Kuwaza after he said there was reasonable grounds to charge him of the offence.
The ruling by Mudenda followed motions moved by two portfolio committees that the two should be charged following their conduct when they were invited to give evidence regarding the portfolios they superintended.
Last year, Mines and Mining Development portfolio committee chairperson, Lovemore Matuke, moved a motion calling Mudenda to rule that Kuwaza could have possibly breached Priviledges, Immunities and Powers of Parliament Act when he refused to respond to issues raised by the committee regarding the tendering system of electricity sector projects.
Youth Development, Indigenisation and Economic Empowerment portfolio committee chairperson Cde Justice Mayor Wadyajena wanted Kasukuwere to be charged with contempt arising from his conduct when invited to clarify issues around pledges made by diamond-producing firms in Chiadzwa on community share ownership trusts.
This was after the said companies professed ignorance about the alleged pledge.
In his ruling regarding Kuwaza, Mudenda said the former SPB boss came unprepared despite an earlier meeting being aborted to allow him time to prepare.
“It is apparent that Kuwaza refused to be examined before or to answer any lawful and relevant questions put by Parliament or the committee and prevaricated as a witness before committee and thus was in direct violation of the Privileges, Immunities and Powers of Parliament Act [Chapter 2:08],” said Mudenda.
“The chair, therefore, rules that the alleged conduct by Kuwaza constitutes a prima facie case of contempt of Parliament, and further rules that an ad hoc committee be established to enquire into the matter.”
Mudenda noted that Kuwaza misled the committee that he had sent an e–mail to Clerk of Parliament, Kennedy Chokuda responding to one of the two issues raised but failed to provide proof of that.
It was noted that Kuwaza eventually became abusive and at one point suggested that there was no order in the committee.
“Kuwaza shouted, ‘Can we have order in this committee,’ suggesting that the committee was disorganised, after he had been asked to recuse himself from the meeting. Kuwaza’s arrogance, misrepresentation and refusal to respond directly impaired the work of the committee in the discharge of its constitutional mandate,” said Mudenda, while summing up presentations by the committee.
On Minister Kasukuwere, the committee wanted him to be charged over his conduct when invited to clarify about a $10 million pledge allegedly made by diamond mining companies in Marange for CSOT, while he was still the Minister of Youth Development, Indigenisation and Economic Empowerment.
Mudenda said the facts did not establish sufficient evidence to make a case against Kasukuwere that he prevaricated or committed misconduct.
“The committee did not substantiate its allegations that the Minister prevaricated by indicating the points at which the Minister is alleged to have prevaricated during the oral evidence session.
“Furthermore, the committee did not elaborate on any other misconduct that the Minister is alleged to have committed suffice to say that the Minister became impatient when asked to clarify on some points,” said Mudenda.
The Speaker dismissed assertions that Kasukuwere threatened the committee when he accused Cde Wadyajena of embarking on a “misplaced witchhunt,” before he berated the committee chairperson for hunting an elephant with a “rekeni” (catapult).
“I found nothing in the conduct or utterances of the Hon Minister that constitutes ‘threats’ at law on the person of the chairperson or the committee in the conduct of its constitutional mandate.
“The facts as presented by the committee do not establish sufficient evidence to charge the Minister for commiting an offence,” said Mudenda.
“The chair rules that on a balance of probabilities, the alleged conduct by the Hon Minister does not constitute a prima facie case of contempt of Parliament, and further rules that there is no need for an ad-hoc committee to be established to investigate into the matter.”
Mudenda also noted that after he listened to the audio, there was a heated exchange between Minister Kasukuwere and Cde Wadyajena — something he said the committee had left out as that would have given him a proper context.
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