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Jonathan Moyo's deputy loses ConCourt appeal

by Staff reporter
28 Sep 2017 at 06:48hrs | Views
Higher and Tertiary Education, Science and Technology Development Deputy Minister Godfrey Gandawa, who had been temporarily removed from remand on allegations of swindling Zimbabwe Manpower Development Fund of thousands of dollars, will now face trial after the Apex Court threw out his constitutional challenge.

His freedom was cut short after Justice Elizabeth Gwaunza, sitting with eight other judges of the Constitutional Court, found that the challenge had not been properly referred to the highest court in the land.

To that end, the case was dismissed, a development that will see the politician re-appearing at the lower court for trial.

However, the nine-member bench spared the politician the burden of paying costs of suit.

Advocate Eric Matinenga represented Gandawa while Mr Edmore Makoto appeared for the State.

Gandawa is jointly charged with ZIMDEF finance director Nicholas Mapute for fraud and criminal abuse of duty.

In his failed application, Gandawa sought an order declaring his arrest, detention and placement on remand unconstitutional.

He argued that the Zimbabwe Anti-Corruption Commission (ZACC), which caused his arrest, did not, in terms of the law, have arresting powers.

He also challenged the Prosecutor-General's powers to order the Commissioner-General of police to effect an arrest.

Gandawa sought an order nullifying the search warrant used by ZACC during his arrest and investigation.

Gandawa and Mapute are accused of unlawfully benefiting from about $430 000 from ZIMDEF between November 2015 and June 2016.

Some of the counts include transferring $95 800 from ZIMDEF to Wishbone Trading through CABS. Gandawa received $20 000 through his personal Barclays Bank 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10 tri-cycles for Higher and Tertiary, Science and Technology Development Minister Jonathan Moyo and the balance was withdrawn in cash.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 Minister Moyo.

He also transferred $12 900 to Wisebone Trading as capital to finance his personal business and the remainder was withdrawn in cash.

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Source - newsday