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Fungai Lupande : Court Reporter
Zimbabwe Broadcasting Corporation acting chief executive Patrick Mavhura, and acting head of finance and administration Benania Shumba, who are accused of unprocedurally acquiring 35 vehicles from Croco Motors, have applied for refusal of further remand. The pair submitted that the allegation is in breach of their constitutional rights, and is not disclosing an offence.Through their lawyer Mr Oliver Mushuma, Mavhura and Shumba said they should be removed from remand because the Zimbabwe Anti-Corruption Commission (ZACC) chief investigation officer Servious Kufandada erred in arresting them.
They submitted that the ZBC is not an entity which has to comply with State procurement regulations.
“ZBC does not have to comply with State procurement regulations in purchasing whatever they want, because it has its own shareholders,” said Mushuma.
“Kufandada’s opinion is influencing the State’s response to the matter. The arrest of the two was also malicious and unjustified.
“Mavhura and Shumba were over-detained after being arrested at 8:15am on June 23 and brought to court at 11am on June 25.
“Any detention that exceeds 48 hours even by one minute is unconstitutional and there was no denial to that effect. My clients were over detained.”
Harare magistrate Mr Tendai Mahwe will make a ruling on August 22.
They pair is facing criminal abuse of office charges and were remanded on $1 000 bail each.
The prosecutor, Mr Peter Kachirika, alleged that Mavhura and Shumba bought 35 vehicles from Croco Motors without following due process, prejudicing Government of $20 000. They face another charge of potentially prejudicing ZBC of $738 900.
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