The ManicaPost
Lovemore Kadzura
Rusape Correspondent
THE Zimbabwe Anti-Corruption Commission (ZACC) has expressed strong reservations over the trial of former Rusape Town Council secretary, Solomon Gabaza by officials at the local magistrates’ court.
The anti-corruption body feels if Gabaza is prosecuted and tried by Rusape-based officials, there are chances that justice may not be served as the case ‘has drawn a lot of interest in Rusape’.
ZACC has since written to both the National Prosecuting Authority and the Judicial Service Commission expression its concerns and requesting a prosecutor and magistrate from outside Rusape to handle the matter.
In a letter seen by The Manica Post dated December 1, 2020, authored by ZACC’s investigations manager, a Mr A Midzi, the commission also alleged that Gabaza was portraying himself as above the law and taking him to a court in Rusape will be a waste of time.
Reads the letter: “This case is of importance and has drawn so much public interest in Rusape because the accused person has portrayed a general view that he is above the law. Taking him to court in Rusape is a waste of time.
“It only took a team from Harare to arrest and have him remanded on the case despite a litany of charges against him which were being investigated by the local police. Our wish as ZACC is to see to it that justice is served, bearing in mind that it is not in the interest of justice for an accused person to be convicted for what he has not done and that is equally not in the interest of justice for a guilty person to be acquitted for an offence they have actually committed.
“In view of the above facts, as ZACC, we have strong reservations in having the case heard by a prosecutor and a magistrate resident in Rusape and working at Rusape Magistrates’ Court given the insinuation by the accused. It is therefore our humble request for your good office to assign a prosecutor and a magistrate from anywhere else.”
By the time of going to print it was not yet clear whether both the NPA and JSC responded to ZACC’s request.
Meanwhile, Gabaza who is facing six counts of abuse of office appeared in court on Monday and was remanded by magistrate, Mr Gift Manyika to February 8 for trial.
