Online Reporter
Danisa Masuku,Zimpapers writer
A ROMAN Catholic Priest who allegedly blocked Zimbabwe Anti-Corruption Commission (ZACC) officers from arresting his relative who is suspected to be involved in a fraud case where the Grain Marketing Board (GMB) was allegedly swindled of more than US$100 000 has appeared in court.
John Sewera, a priest stationed in Bulawayo appeared before Bulawayo Provincial Magistrate, Mr Richard Ramaboea, facing a charge of defeating or obstructing a course of justice as defined in Section 184 of the Criminal Law and Codification and Reform Act , (Chapter 9:23).
He was represented by his lawyer, Prince Butshe of Butshe and Associates. Butshe argued that ZACC officers are not police officers and cited Section 184 of the Criminal Law and Codification Act, which states that police officers have a legal right to file charges for obstruction of justice hence ZACC officers have no legal right to do so.
To buttress his argument, Butshe stated that the code demonstrates without any ambiguity that the provision criminalises obstruction of justice committed against police officers investigating alleged criminal conduct. The section does not extend to include the ZACC officials.
Butshe further said the State erred in concluding that ZACC officers by virtue of their status as peace officers are empowered to substitute for police officers under Section 184 (1)(e) of the Criminal Code.
He pointed out that the mere fact that both are peace officers does not equate all peace officers to police officers nor does it confer interchangeable authority. Butshe concluded by stating that his client has no case and applied for discharge.
Sewera was remanded out of custody to today for sentencing.
Allegations against Sewera are that on 3 March this year in Bulawayo knowing that ZACC officers were investigating the commission of a crime in which his relative named Mthandazo Gumede was involved as an accused allegedly phoned Sibusiso Violla Nyathi while ZACC officers were enquiring about Gumede. He instructed her not to talk to
ZACC officers or divulge any information about the whereabouts of Gumede.
It is alleged that while ZACC officers were enquiring about Gumede’s whereabouts Gumede was hiding at Sewera’s home In Bulawayo’s Lobengula West suburb.
At the time ZACC officers managed to get information that Gumede was hiding at Sewera’s home. It later turned out that Gumede had already fled and was still at large.
