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*Gandawa removed from remand, Zimdef case referred to Constitutional Court*

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Professor Jonathan Moyo‘s deputy Godfrey Gandawa‘s case for allegedly misusing over $430 000 from the Zimbabwe Manpower Development Fund (Zimdef) has been referred to the Constitutional Court.  Gandawa is the Deputy Minister of Higher and Tertiary Education, Science and Technology Development.    Gandawa had challenged his arrest by ZACC saying that it was unconstitutional.

Harare magistrate Mrs Vongai Muchuchuti-Guwuriro concurred with Gandawa. She also declared the search warrant used by ZACC as being null and void.

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In her ruling she said:

> The accused was not informed of the offence at the time of his arrest and he was denied the opportunity to consult his lawyer.

> He did not enjoy his constitutional rights. The Concourt has to decide whether Zacc officers have arresting powers.

> Whether or not the Prosecutor- General can order the Commissioner-General of the police to arrest suspects, State did not comment on that issue. The Concourt has to decide whether or not the Acting Prosecutor- General’s powers are limited to ordering an investigation.

Gandawa’s co-accused Zimdef finance director Nicholas Mapute was remanded to 15 February. Mapute wishes to stand trial.

More: Herald

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