Jonathan Moyo ConCourt challenge set for next month

The Constitutional Court application lodged by Professor Jonathan Moyo challenging the validity of arrests by the Zimbabwe Anti Corruption Commission (ZACC) has been set down for hearing on the 8th of February.

This comes as a Harare magistrate has deferred to Monday the 16th of January her ruling over an application by Doctor Godfrey Gandawa seeking referral of his case to the ConCourt.

The Chief Registrar of the superior courts has set down the Constitutional Court challenge by Higher and Tertiary Education, Science and Technology Development Minster Professor Jonathan Moyo seeking clarity on whether or not then ZACC has the arresting powers as conferred to the Zimbabwe Republic Police for Wednesday the 8th of February.

The application by Professor Moyo was prompted after he was arrested by the Zimbabwe Anti Corruption Commission on charges of defrauding ZIMDEF of approximately half a million dollars together with his deputy Doctor Gandawa and two ZIMDEF senior officials.

Meanwhile, Doctor Gandawa's application for referral to the Constitutional Court seeking clarity on the matter of the constitutionality of the warrant of search and seizure used by the anti graft body, the manner of his arrest and detention by the same body and his alleged continued harassment while on remand was heard before Mrs Vongai Muchuchuti Guuriro this Friday.

Adviocate Firoz Jirach who was representing Doctor Gandawa told the court that his client's arbitrary arrest by ZACC officials was in violation of his fundamental rights.

He added that the grounds made by Professor Moyo in his direct application to the ConCourt were similar to his clients hence he must enjoy the same freedom being enjoyed by Professor Moyo who is not on remand.

He challenged the issuance of the warrant of search and seizure issued against his client for being broad and lacking the essential requirements of a search warrant which include that it must be specific and precise.

Mr Lobeck Masuku for the state conceded that it was essential that the ConCourt give light on whether the ZACC is empowered to arrest suspected offenders of the law.

He also said Doctor Gandawa cannot be treated in the same manner as Professor Moyo who was never placed on remand, he said the issue of the search warrant and evidence gathering is one of procedural irregularity which can be dealt with during trial to avoid clogging the ConCourt with petty issues.

He also told the court he had no difficulties in accepting that Doctor Gandawa can apply to be joined in the ConCourt proceedings set for the 8th of February but this does not warrant his removal from remand as he is suspected of having committed the offence charged

Mrs Muchuchuti-Guuriro will give her ruling on Monday the 16th of February after the official opening of the 2017 legal year.