News / National
ZBC bosses' application dismissed
23 Aug 2016 at 07:10hrs | Views
A Harare magistrate yesterday dismissed an application for refusal of further remand made by Zimbabwe Broadcasting Corporation acting chief executive Patrick Mavhura and acting head of finance and administration Benania Shumba.
Mavhura and Shumba are facing criminal abuse of office charges.
Through their lawyer, Mr Oliver Mushuma, the two had submitted that the allegations against them were in breach of their constitutional rights and did not disclose an offence.
Mr Mushuma said his clients were over detained after being arrested at 8:15am on June 23 and brought to court at 11am on June 25.
"Any detention that exceeds 48 hours even by one minute is unconstitutional and there was no denial to that effect. My clients were over detained," he said.
However, in dismissing the application, Mr Tendai Mahwe said: "The issue that they were over detained was not raised on initial remand. They are raising it now after two months, therefore the reason lacks merit."
"The accused persons did not challenge placement on remand at the appropriate time. They can except to the charge on the next remand date. Their application is therefore dismissed."
Mr Mahwe remanded the matter to September 22.
In their application, the duo argued they should be removed from remand because the Zimbabwe Anti-Corruption Commission chief investigation officer Servious Kufandada erred in arresting them.
They submitted that the ZBC is not an entity which has to comply with State procurement regulations.
"ZBC does not have to comply with State procurement regulations in purchasing whatever they want, because it has its own shareholders," said Mr Mushuma.
"Kufandada's opinion is influencing the State's response to the matter. The arrest of the two was also malicious and unjustified."
The prosecutor Mr Peter Kachirika alleged that Mavhura and Shumba bought 35 vehicles from Croco Motors without following due process, prejudicing Government of $20 000. They face another charge of potentially prejudicing ZBC of $738 900.
Mavhura and Shumba are facing criminal abuse of office charges.
Through their lawyer, Mr Oliver Mushuma, the two had submitted that the allegations against them were in breach of their constitutional rights and did not disclose an offence.
Mr Mushuma said his clients were over detained after being arrested at 8:15am on June 23 and brought to court at 11am on June 25.
"Any detention that exceeds 48 hours even by one minute is unconstitutional and there was no denial to that effect. My clients were over detained," he said.
However, in dismissing the application, Mr Tendai Mahwe said: "The issue that they were over detained was not raised on initial remand. They are raising it now after two months, therefore the reason lacks merit."
Mr Mahwe remanded the matter to September 22.
In their application, the duo argued they should be removed from remand because the Zimbabwe Anti-Corruption Commission chief investigation officer Servious Kufandada erred in arresting them.
They submitted that the ZBC is not an entity which has to comply with State procurement regulations.
"ZBC does not have to comply with State procurement regulations in purchasing whatever they want, because it has its own shareholders," said Mr Mushuma.
"Kufandada's opinion is influencing the State's response to the matter. The arrest of the two was also malicious and unjustified."
The prosecutor Mr Peter Kachirika alleged that Mavhura and Shumba bought 35 vehicles from Croco Motors without following due process, prejudicing Government of $20 000. They face another charge of potentially prejudicing ZBC of $738 900.
Source - the herald
