CID Serious Fraud Squad wants to access Biti's Econet calls

Zimbabwe's Finance Minister Tendai Biti has filed three separate High Court applications to bar the Zimbabwe police from accessing information on calls made from his Econet cellphone lines.

The Criminal Investigations Department's Serious Fraud Squad, armed with a warrant issued by Harare provincial magistrate Mr Mishrod Guvamombe, is alleged to have approached Econet officials threatening them with arrest for non-compliance with the order.

Although the scope of police investigations is as yet unknown, Minister Biti argues that the release of the required information amounted to harassment and infringement of his fundamental rights.

The Minister firstly appealed against the warrant issued by Mr Guvamombe on July 5 before he filed another High Court application seeking to bar Econet from releasing such information to the police.

Minister Biti yesterday filed an urgent chamber application at the same court seeking an order interdicting Detective Chief Superintendent Patrick Majuta of CID Serious Frauds and Senior Assistant Commissioner Simon Nyathi from accessing the information.

Minister Biti argues that he had not committed any offence. He said he was not aware of any criminal conduct being investigated by the police and accessing that information was tantamount to bullying.
"My legal practitioners (Artherstone and Cook) have been advised by Mtetwa and Nyambirai law firm (Econet's lawyers) that Chief Supt Majuta has threatened the executives of Econet with arrest if they failed to comply with their unlawful request.

"I submit therefore that is extremely urgent. I also submit further that even if the information is released albeit unlawful, the respondents must be interdicted from using such information.

"I am a Government minister and a legal practitioner of this honourable court and I have committed no criminal offence.

"I have not been investigated of any offence and the basis upon which the warrant may well have been obtained was clearly false," Minister Biti said.

He said there were some bad elements bent on destabilising the inclusive Government.

Minister Biti described the matter as harassment that required urgent intervention by the High Court.

Minister Biti stated in the court papers that he had been subjected to a lot of harassment for the past few weeks, including the "bombing of his house and the invasion of his offices".

"I submit that the release of the information requested is unlawful and unconstitutional as it violates my right to privacy and protection of the law.

"Further such information, if released, will be prejudicial to me and to my political party MDC," he said.

In an appeal against the warrant issued by Mr Guvamombe, Minister Biti said the court erred in issuing the warrant without satisfying itself that there was a reasonable suspicion that he committed fraud.

"The magistrate erred in issuing the warrant without being satisfied that there was a reasonable suspicion for the commission of the fraud particularly on the part of the appellant," he said.

Minister Biti, as part of his grounds for appeal, argued that the Criminal Procedure and Evidence Act relied upon in the issuance of the warrant was not applicable. Instead, Minister Biti said the Interception of Telecommunications Act Chapter 11:20 should have been followed. Justice Chinembiri Bhunu is expected to hear the chamber application tomorrow in his chambers.

The appeal against issuance of the warrant and the court application against Econet are yet to be set down for hearing.