HIGHER and Tertiary Education, Science and Technology Development Deputy Minister Godfrey Gandawa has lost his application at the Constitutional Court challenging his arrest with the full bench declaring that the case was improperly before it.
Gandawa is facing allegations of illegally benefiting from over $430 000 from the Zimbabwe Manpower Development Fund and had approached the ConCourt challenging his arrest by officers from the Zimbabwe Anti-Corruption Commission (ZACC).
The full ConCourt bench, after hearing submissions from Advocate Eric Matinenga representing Minister Gandawa and Edmore Makoto on behalf of the State, unanimously concluded that the matter was improperly before it.
“The questions that were brought before this honourable court were properly dealt with by the Magistrates’ court. In the result, it is ordered that the application be and is, hereby, dismissed with no order as to costs,” said Justice Elizabeth Gwaunza in passing judgment.
Harare Magistrate Vongai Muchuchuti-Guwuriro earlier in the year declared the ZACC search warrant null and void on the grounds that it was too general and, therefore, could not be relied upon.
Deputy Minister Gandawa, his boss Professor Jonathan Moyo and Zimdef finance director stand accused of unlawfully benefiting from about $430 00 from Zimdef between November 2015 and June 2016. Some of the counts include $95 800 which was allegedly transferred from Zimdef to Wishbone trading through CABS.
Gandawa allegedly received $20 000 through his personal Barclays Bank account after which he transferred $19 030 to HIB Rajput PL T/A Ace Cycles.
He also allegedly transferred $27 550 to SKM Motorcycles for 10 tricycles for Professor Moyo. The ruling comes just a few days after Professor Moyo lost his application at the ConCourt and now faces prosecution at the Harare Magistrates’ Court.