Retired Vice Chancellor for the University of Zimbabwe, Levi Nyagura application 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 dismissed.
Acting Chief magistrate Munamato Mutevedzi dismissed the application saying it lacked merits.
Nyagura will stand trial on April 16.
He was arguing that the charges against him do not constitute a criminal offense.
“It is not clear what charges are being proffered and in terms of what law, the constituent elements of the charge are defective as it is not there, the charges and facts do not disclose any criminal offense and ought to be quashed,” he argued.
“The legislature deliberately excluded imputing criminal
Liability under the university Act as opposed to the companies Act. 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 Emerson Mnangagwa has not revoked it and the former chancellor Robert Mugabe approved and conferred this degree.”
Nyagura told the court that the degree in question was legal 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 no exception which was quashed at the Constitutional Court.
The suspended UZ chancellor is answering to allegations of giving away a degree to former first lady without proper procedures.