Lawyers representing pro-democracy activist Mfundo Mlilo will engage Prosecutor –General (PG) Kumbirai Hodzi before going to court after the lapse of a seven-day ultimatum within which they demanded the prosecution of Finance minister Mthuli Ncube over a litany of charges, including abuse of office.

Jacob Mafume of Mafume Law chambers told the Daily News that the PG had failed to respond to their request and they were going to engage him before going to court.

This comes after Mlilo an affidavit before Hodzi, arguing that Ncube has committed criminal misconduct by imposing the two percent tax on all electronic money transfers in the country.

“Ncube, as a public officer whose duty it is to observe provisions of the Constitution of Zimbabwe and in particular section 134(a), the principle of separation of powers and all operational statutes, allegedly unlawfully and intentionally acted contrary to his duty aforesaid by arbitrarily imposing a two percent Intermediate Money Transfer Tax on electronic money transactions of $10 and above, thus altering the lawful and operative 5 cents tax per transaction, in breach of section 22G of the Finance Act (Chapter 23:04) as read together with section 36G of the Income Tax Act and thereafter confirmed those measures with effect from 13 October, 2018 by virtue of invalid Finance (Rate and Inci- dence of Intermediated Money Transfer Tax) Regulations S.I 205 of 2018 (which regulations have since been declared invalid by the High Court of Zimbabwe judgment number HH-605-19) thereby showing disfavour to the people of Zimbabwe from whom he unlawfully pilfered an average of USD$80 000 000-00 per month for a cumulative period of 10 months.”

This comes after Mlilo made a successful application in the High Court, which saw the two percent declared illegal.

However, Ncube told the nation that the judgment had no effect.

Daily News