The matter of retired Vice Chancellor for the University of Zimbabwe, Levi Nyagura who applied to have charges against him in connection with former First Lady Grace Mugabe quashed indicating that it was not clear on which grounds they were being proffered has been postponed as the magistrate was not around.
The Acting Chief Magistrate Munamato Mutevedzi is the one dealing with the matter and he was not in attendance to hand down his ruling on the application as was scheduled and the matter was postponed to Thursday.
Nyagura is denying the charges maintaining that the doctorate awarded to former first lady Grace Mugabe is valid until president, Emmerson Mnangagwa revokes it.
This came to light after he filed an application for exception of charges before court arguing that charges against him do not constitute a criminal offense as there is no criminal liability under the University of Zimbabwe Act.
“The legislature deliberately excluded imputing criminal
Liability under the university Act as opposed to the companies Act,” read the application.
“The charges by the state fail to consider three important facts. Firstly the PhD Remains extant. Its validity cannot be put in question by criminal process. Section 7 of the University of Zimbabwe Act reposes the power to rescind and set aside degrees in the chancellor and The current chancellor Emmerson Mnangagwa has not revoked it and the former chancellor Robert Mugabe approved and conferred this degree.”
Nyagura further told the court that the degree in question was not illegal as it was issued through the proper procedure according to the university’s constitution.
He insisted that no criminal sanction can be attached and his actions are prima facie valid.
Nyagura filed his application before trial magistrate Lazini Ncube at the commencement of trial following his application of stay of proceedings which was squashed at the Constitutional Court.
The suspended UZ chancellor is answering to allegations of giving away a degree to former first lady without proper procedures.