High Court reserves ruling on Biti’s case

from accessing information of his Econet phone lines as they investigate a case of suspected fraud.
Justice Chinembiri Bhunu indefinitely deferred ruling on the urgent chamber application after hearing submissions from the parties.
Minister Biti cited Officer Commanding Criminal Investigations Department Senior Assistant Commissioner Simon Ncube, Chief Superintendent Patrick Majuta and Econet Wireless Zimbabwe as respondents.
Advocate Thabani Mpofu, instructed by Mr Tawanda Nyamasoka of Artherstone and Cook represented Minister Biti, while chief law officer Mr Chris Mutangadura appeared for the police.
Police obtained a warrant of seizure at the Harare Magistrates’ Court on July 5 that empowered the investigating officers to search for the required information at Econet.
They claim they received information that Minister Biti had unlawfully authorised an economist in the ministry, Petronela Chishawa, to go on a number of foreign trips with her allowances paid at special rates.
According to the police, the actions by the minister, if proven to be true, were meant to show favour to the woman.
According to Senior Asst Comm Nyathi, police had preferred to treat the case as fraud.
Alternatively, the given circumstances amounted to criminal abuse of duty as a public officer.
Police argue that they lawfully obtained a warrant from provincial magistrate Mr Mishrod Guvamombe and that the order’s its legality should not be challenged.
They argued that they were simply doing their constitutional duty of investigating and they should not be hindered by any contestation.
But Minister Biti challenged the legality of the warrant issued by Mr Guvamombe saying the court erred in various respects.
On that issue, Minister Biti has also separately filed an appeal at the High Court seeking to quash the lower court’s decision.
The minister argued that the intentions of the police were bent on invading his privacy, harassing him and destabilising the inclusive Government.
Minister Biti said he had not committed any offence neither was he being investigated of any criminal offence.
He said the police were bullying staff at Econet offices threatening them with arrest in a bid to access the information.
Police denied ever bullying the Econet officials saying it was a way of trying to obstruct the course of justice.
The minister has also filed another application that is still pending at the High Court seeking an order to block Econet from supplying the information to the police.