Source: Prof Jonathan Moyo exposed as Zacc fire back – Sunday News Mar 5, 2017
THE Zimbabwe Anti-Corruption Commission acquired documents used in the fraud investigation against Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo via search and seizure warrants issued by the Harare Magistrates’ Courts, it has emerged.
This flies in the face of Prof Moyo’s claim that the anti-graft body used stolen documents to build a case against him. In statements he made under oath, Prof Moyo told a Parliamentary Portfolio Committee that some of the confidential documents used by Zacc had been stolen at the ministry’s office in August 2016.
Zacc spokesperson Ms Phyllis Chikundura, however, told our Harare Bureau that all documents used in Prof Moyo’s case were legally acquired through search and seizure warrants.
“We didn’t steal any documents; we can’t commit an offence when we are in the process of fighting crime. Zacc followed due procedure to get the documents from Zimdef,” she said.
Investigators have also questioned how Prof Moyo comes to allege that the documents allegedly implicating him had been stolen when he is yet to be served with the prosecution’s papers detailing the case against him.
Prof Moyo and his deputy, Dr Godfrey Gandawa, are accused of abusing about US$400 000 from the Zimbabwe Manpower Development Fund. Information at hand shows that documents used by Zacc against Prof Moyo and Dr Gandawa were legally acquired from Zimdef and the Zimbabwe Revenue Authority.
Zacc sought the search and seizure warrants from the courts in terms of Section 54(2)(b) of the Criminal Procedure and Evidence Act (Chapter 9:07). Harare provincial magistrate Mr Vakayi Chikwekwe granted Zacc search and seizure warrant number 46/2016 on 29 September, 2016 to access documents from Zimdef.
This was after Zacc chief investigations officer Mr Alex Masiye applied for a warrant to obtain evidence in a case of fraud against Prof Moyo and Dr Gandawa as defined in section 136 of the Criminal Law (Codification and Reform) Act (Chapter 9:23).
Part of the search and seizure warrant reads; “Whereas, from information taken upon oath before myself, there are reasonable grounds for believing that the branch manager or some other person in authority at Zimbabwe Manpower Development Fund (Zimdef) Harare is in possession or in control of the following documents, records and articles which are required as exhibits in a criminal docket and that it is necessary for the purpose of investigating or detecting a case of fraud to examine the documents and records and make extracts from copies of all such documents and records.”
The warrant directed Zimdef to release documentation relating to vehicles purchased for the Higher and Tertiary Education Ministry and the purchase of computers by Fuzzy Technologies, which is owned by Dr Gandawa and was allegedly used as a conduit to siphon money from Zimdef to buy tricycles and bicycles for Prof Moyo’s parliamentary constiuents.
Zimdef principal director (finance) Mr Nicolas Mapute released the documents to Zacc. Zacc also sought documents related to how Dr Gandawa allegedly won a tender to supply computers and printers worth US$185 840 during the 2016 Zimbabwe International Trade Fair.
Armed with search and seizure warrant 47/2016, Zacc obtained documents from Zimra on how Dr Gandawa imported 27 iPad Air and 13 Galaxy Tabs from South Africa. Mr Chikwekwe issued a warrant directing the Zimra-Commissioner General or any other person at the tax authority to release documents to show how goods held under customs and excise receipt number 177174 — Harare Airport — (dated 10/07/16) were released, details relating to the importer (Dr Gandawa’s Fuzzy Technologies) and information on who collected the items.
Zacc has raised eight charges against Prof Moyo. Five are for fraud as defined in Section 136 of Criminal Law (Codification and Reform) Act (Chapter 9:23), and three under the Money Laundering and Proceeds of Crime Act (Chapter 9:24).
Some of the allegations raised against Prof Moyo after Zacc obtained the documents in question are as follows:
— On December 21, 2015, the minister and his subordinates raised a fake memorandum approving purchase of 170 computers worth US$107 525 from Fuzzy Technologies (Pvt) Limited — a company owned by Dr Gandawa — without going to tender.
Fuzzy Technologies supplied 50 computers worth US$24 000, meaning Zimdef was prejudiced of US$83 525;
— On February 10, 2016, Fuzzy Technologies was given a contract to supply computers worth US$41 250 and Dr Gandawa’s company did not supply the computers;
— Prof Moyo unlawfully accessed a US$24 000 loan from Zimdef with assistance from Dr Gandawa and Zimdef chief executive Mr Frederick Mandizvidza. Of this, US$15 000 into Dr Gandawa’s personal CBZ account while US$9 000 was given to the deputy minister as cash. He then gave the money to Prof Moyo. Prof Moyo paid back the loan, but the action was allegedly in breach of Chapter 28:02 of the Manpower Planning and Development Act which makes no provision for extension of personal loans to the minister from Zimdef funds; and
— On the money laundering allegations, Prof Moyo and his subordinates are said to have connived to move the money for these deals through their personal bank accounts and those of shelf companies. Prof Moyo is challenging his arrest by Zacc at the Constitutional Court where he is arguing that the anti-graft body has no arresting powers.