HARARE – The Zimbabwe Anti-Corruption Commission (ZACC) found itself facing scrutiny on Thursday after a land development company accused of fraud, requested the charges be dropped without being put on remand, claiming that the anti-corruption commission had used vindictive tactics to bring them before the court.
The property developer was jointly charged with a director at the Local Government ministry, Mlindeli Sayi. Arusome Development Company’s defense attorney Munyaradzi Bwanya objected to his client being detained on remand due to inconclusive investigations and an arrest based on form 242.
Bwanya alleged that the arresting officer had only the power to arrest the accused, not to take them to court before investigations were completed.
“The second accused (the developer) has had various engagements with ZACC officials over the past 12 months,” Bwanya said.
“The basis of my refusal… is that the arresting officer only has the power to arrest the accused to bring them to trial not to dump the accused persons at court.”
Bwanya also said the Form 242 says investigations should be completed by 12 May 2023.
“So the question is why were the accused arrested today when investigations are not completed. Why would the IO be in a rush to bring them to court today,” he asked
“The hallmark of the new dispensation is doing things differently. ZACC must not be allowed to return us to the dark days of allowing itself to be used for purposes outside its mandate. It must always remain subject to the law,” said Bwanya.
The Borrowdale-based land developer argued that ZACC and the complainant had conspired to undermine government policy; particularly concerning the PPP Tripartite Agreement on state land. Arusome claimed the complainant had admitted in writing that they were due money and that the complainant had suffered no damages as money was sent to his bank account on 11 September 2020.
ZACC brought the property developer before the court on charges that they had prejudiced the State, represented by Absolom Muchandiona. Oddly Muchandiona is a lawyer in private practice and not a government official a development which left the defence quizzing how he was representing the state.
It was the State case that Muchandiona was prejudiced off US$46, 518 and Z$103, 500, which were funds paid for developments on a residential stand in Borrowdale.
Harare Magistrate Stanford Mambanje postponed the proceedings until April 27 so that parties can submit written arguments and so ZACC investigator one Mhuriro can testify.
