Dr Godfrey Gandawa
Fungai Lupande, Harare Bureau
HIGHER and Tertiary Education, Science and Technology Development Deputy Minister Godfrey Gandawa yesterday accused the Zimbabwe Anti-Corruption Commission (ZACC) of harassing and tricking him into arrest.
Gandawa wants Harare magistrate Mrs Vongai Muchuchuti-Guwuriro to refer his case to the Constitutional Court and remove him from remand.
Through his defence counsel Advocate Firoz Girach, Gandawa said his case is similar to Higher and Tertiary Education, Science and Technology Development Minister Professor Jonathan Moyo whose arrest was suspended by the Concourt.
While on the witness stand, Gandawa challenged the validity of ZACC’s search warrant.
“The search warrant was executed and certain documents were taken. I was called to ZACC offices,” said Dr Gandawa.
“ZACC offices are not a police station; no one was dressed in police uniform neither did anyone show me police identification.
“I was questioned by ZACC’s investigations officers for three hours and a video, which I did not consent to, was being recorded.
“They did not caution me. Afterwards Sergeant Munyaradzi Chacha advised me that I was under arrest. That came as a surprise.”
Gandawa said this was similar to what happened to Prof Moyo.
“It was a fixed game. Prof Moyo is not on remand and the Concourt heard these issues on an urgent basis,” said Gandawa.
Chief law officer Mr Lovett Masuku did not oppose having the Concourt determine whether a police officer seconded to ZACC has the power to arrest.
However, Mr Masuku said he was opposed to having the issue of the search warrant being referred to the Concourt.
He is also opposed to having Gandawa removed from remand.
“The issue of the search warrant relates to proceedings during trial. Trial will determine whether the evidence should be excluded or admitted,” he said.
“There is sufficient information that establishes a reasonable suspicion that the accused committed the offence.
“The accused should remain on remand pending his Concourt application.”
Gandawa is jointly charged with Zimbabwe Manpower Development Fund (Zimdef) finance director Nicholas Mapute.
They are facing fraud and criminal abuse of duty charges.
It is alleged that $95 800 was transferred from Zimdef to Wishbone Trading bank account through CABS.
Gandawa received $20 000 through his personal Barclays account after which he transferred $19 030 to HIB Rajput PL T/A Ace Cycles.
Gandawa then transferred $27 550 to SKM Motorcycles for 10 tri-cycles for Prof 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 Prof Moyo. He also transferred $12 900 to Wisebone Trading as capital to finance his personal business and the remainder was withdrawn in cash.