The High Court has granted deputy minister of Higher and Tertiary Education Godfrey Gandawa a writ of execution to attach property belonging to the government’s National Prosecuting AUthority (NPA). Gandawa is seeking to recover $2 825.50 in legal fees from the NPA after the Constitutional Court awarded the costs to Gandawa. The state was compelled to pay Gandawa’s legal costs in a matter in which the minister was challenging the constitutionality of his arrest by the Zimbabwe Anti-Corruption Commission over allegations of abusing Zimbabwe Manpower Development Fund (Zimdef) funds.
The NPA has failed to pay despite numerous attempts by Gandawa’s lawyer, Bernard Chidziva of Kantor & Immerman. Instead, prosecutor-general, Ray Goba warned Gandawa to be prepared to accept the consequences of his actions. Goba wrote:
I take note of the fact that you were advised that the matter is being attended to in accordance with the procedures that have to be followed in terms of treasury instructions. Notwithstanding that advice, you have threatened further action to recover the costs.
I advise that your threatened action is wholly unnecessary. You are kindly advised that should you proceed to take whatever threatened action, you shall be solely responsible for the consequences thereof.
Gandawa approached the High Court after exchanges with the NPA. Part of the order reads:
You are requested and directed to attach and take into execution the movable property of national prosecuting authority the above named applicant of 5th Floor Corner House, L. Takawira/S Matchel Avenue, Harare and of the same cause to be realised the sum of $2 825.50 (two thousand eight hundred and twenty five United States Dollars, fifty cents) which it recovered by a taxed bill of this court dated 24 August 2017, in the above-mentioned suit and also all other costs and charges of the plaintiff in the said suit to be hereafter duly taxed to law, besides all your costs thereby incurred.
More: The Standard
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