Source: Ruling on Gandawa Concourt bid deferred to Thursday | The Herald January 17, 2017
Fungai Lupande Court Reporter—
The ruling on Higher and Tertiary Education, Science and Technology Development Deputy Minister Godfrey Gandawa’s application for referral to the Constitutional Court was yesterday postponed to Thursday.
Gandawa is jointly charged with Zimbabwe Manpower Development Fund (Zimdef) finance director Nicholas Mapute on fraud and criminal abuse of duty charges.
Mapute did not seek Concourt relief and wants to stand trial.
In his application through his defence counsel Advocate Firoz Girach, Gandawa said his case was similar to Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo whose arrest was suspended by the Concourt.
He wants the Concourt to also declare his arrest, detention and placement on remand unconstitutional.
“The Zimbabwe Anti-Corruption Commission (Zacc) does not, in terms of the Constitution or the law, have the power to arrest and detain suspects,” he said.
“In terms of the Constitution, the Prosecutor-General does have the power to order the Commissioner of the Police to arrest any person.
“The search warrant by Zacc is illegal and should be nullified.”
Gandawa and Mapute are accused of unlawfully benefiting about $430 000 from Zimdef between November 2015 and June 2016.
Some of the counts includes that of $95 800, which was transferred from Zimdef to Wishbone Trading through CABS.
Gandawa received $20 000 through his personal Barclays account after which he transferred $19 030 to HIB Rajput PL T/A Ace Cycles.
He then transferred $27 550 to SKM Motorcycles for 10 tri-cycles for Prof Moyo and the balance was withdrawn in cash.
It is alleged that $107 525 was transferred from Zimdef to Fuzzy Technologies’ NMB Bank account, of which $5 745 was transferred to Pridham Investments for Gandawa’s personal furniture.
Gandawa also paid for 69 bicycles worth $7 260 for Prof Moyo. He also transferred $12 900 to Wisebone Trading as capital to finance his personal business and the remainder was withdrawn in cash.