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My arrest was unlawful, Gandawa

by Staff reporter
10 Jan 2017 at 06:00hrs | Views

HIGHER and Tertiary Education, Science and Technology Development Deputy Minister Godfrey Gandawa yesterday said he was unlawfully arrested, detained and placed on remand on allegations of criminal abuse of office involving the Zimbabwe Manpower Development Fund (Zimdef).

Gandawa gave notice to make a formal application for referral to the Constitutional Court when he appeared before Harare magistrate Ms Rumbidzai Mugwagwa.

In his application filed off record, Gandawa seeks a declaration that his arrest, detention and placement on remand were unconstitutional.

He is also demanding back his $500 bail and passport.

"The Zimbabwe Anti-Corruption Commission (Zacc) does not in terms of the Constitution or the law have the power to arrest and detain suspects," reads the application.

"The Prosecutor General does not in terms of the Constitution or any other law have the power to order the Commissioner of the Police to arrest any person. Sergeant Chacha, a member of the Zimbabwe Republic Police on secondment to Zacc is a functionary of Zacc and does not have the power to arrest any suspect.

"The case is important because of the flagrant constitutional and human rights violation it involves."

Gandawa is jointly charged with Zimdef principal director (finance) Nicholas Mapute.

However, Mapute, through his lawyer Mr Pisirai Kwenda, told the court that he does not wish to make a similar application.

"The accused wants to see his day in court and is confident that he has no case to answer. A constitutional application would be costly," said Mr Kwenda.

Allegations are that on November 6, 2015, Dr Gandawa recommended and approved a request for the purchase of 10 3D printers worth $95 800 and a computerised embroidery machine worth $16 000.

The prosecutor Ms Audrey Chogumaira alleged that without going to tender, the pair awarded the business to Wisebone Trading (Pvt) Ltd, a company owned by Dr Gandawa's uncle.

It is alleged that the pair also by-passed the Ministry of Finance and Economic Development and the administration department for procurement procedures.

Conniving with Zimdef chief executive officer Fredrick Mandizvidza, $95 800 was transferred from Zimdef to a Wisebone bank account, the court heard.

Source - chronicle