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seeking to stop the Zimbabwe Anti-Corruption Commission from conducting searches at its offices.This comes after ZACC on Monday obtained a search warrant from the High Court to search and seize certain documents under the possession of the offices of three government ministers — Mines and Mining Development Minister Obert Mpofu, Youth Empowerment, Indigenisation and Empowerment Minister Saviour Kasukuwere and Transport, Communications and Infrastructure Development Minister Nicholas Goche.
The trio is suspected to have been involved in underhand dealings.
NIEEB falls under Minister Kasukuwere’s portfolio.
ZACC obtained the search warrant after its investigators were reportedly denied entry to conduct searches at the three offices.
The search warrants were obtained in terms of Section 50 (1) of the Criminal Procedure and Evidence Act.
In its application, NIEEB, which also cited ZRP Commissioner-General Augustine Chihuri and Attorney-General Mr Johannes Tomana as respondents, wants a provisional order stopping ZACC from executing the search warrant obtained from the same court on Monday pending the determination of the matter.
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“The first respondent (ZACC) is hereby interdicted from seeking to circumvent the interdict issued . . . or take any such action, in any manner whatsoever, that shall have the effect of negating or rendering academic the confirmation of discharge of this order,” read part of the interim draft order.
Mr Wilson Gwatiringa, an official from NIEEB, who deposed the affidavit, stated that ZACC acted ultra vires its own enabling Act to exercise power which it does not have.
He said the commission caused the higher court to issue a search warrant in circumstances where the judge concerned did not have the power to do so in view of the section of the law relied upon.
“Quite clearly the search warrant is fatally defective, unlawful and of no force and effect,” said Mr Gwatiringa.
He said the execution of the illegal search warrant would disrupt NIEEB’s operations and irreparably prejudice the successful execution of the indigenisation programme.
“It must be stated that the first respondent has never bothered to request the targeted documents from applicant, which documents, as a matter of irony, are already in the public domain given the near hysterical prominence given to a certain transaction executed by the applicant in the local media,” said Mr Gwatiringa.
“There is every reason to suspect that first respondent’s actions are driven by certain considerations other than those motivated by a genuine and lawful intention to investigate a matter of obvious public concern.”
Mr Gwatiringa added that NIEEB had a right to protection of the law in circumstances where a party such as ZACC acts in clear violation of its own enabling Act as well as the Criminal Procedure and Evidence Act.
The commission approached the High Court on Monday and obtained the search warrant after Harare magistrate Ms Marehwanazvo Gofa refused to grant its application for lack of merit.
In her ruling, Ms Gofa said she was not convinced that ZACC had satisfied the requirements of the provisions of the law for such application to be granted.
“I therefore cannot grant the application for a warrant of search and seizure unless these provisions are complied with,” said Ms Gofa.
ZACC general manager Ms Sukai Tongogara had sought an order allowing the commission to search the three ministers’ offices and secure a plethora of documents which she said would assist in the investigation of the alleged corrupt deals.
Online Reporter