By Special Correspondent
Harare Regional Magistrate Tranos Vutahwashe has granted bail to Vigai Maunganidze, a University of Zimbabwe 2nd year Law Student who was arraigned before the courts for allegedly contravening section 163(a)(2) of the criminal law codification and reform Act Chapter 9:23 “Unlawful possession of data as amended by the Data and Cyber Protection Act Chapter 11:22”.
The state is accusing Maunganidze of having unlawfully possessed the University of Zimbabwe Question Paper for Administrative and Local Governance Law which was to be written on the 3rd of November 2022.
The court heard that the accused allegedly sent a soft copy of the question paper to a 3rd year student in the same programme, Farai Madombi.
Leading evidence in court the Zimbabwe Anti Corruption Commission Investigating officer, Tafadzwa Chakavarika said the court should not grant bail to the applicant on the strength that the applicant will interfere with evidence and state witnesses from whom he is still to record statements.
However, the magistrate observed that the state’s opposition to bail was based on only one ground- the likelihood that if applicant is granted bail he might attempt to influence or intimidate witnesses or conceal or destroy evidence.
ZACC Investigating Officer Tafadzwa Chakavarika had told the court that all he has to show is that the applicant has attempted to interfere with evidence in the statement of Madombi which he could not place before the courts.
This claim was refuted by the Magistrate who said upon arresting the Applicant the IO did not allege to him that he had committed another crime of “ attempting to defeat the course of justice” by allegedly advising Madombi to delete the examination paper from his phone.
Magistrate Utawashe in his ruling said, “The fundamental Principle governing the court’s approach to the bail application is to uphold the interests of justice. Courts must strike a balance between the protection of the interests of the applicant and the administration of justice taking into account that the applicant is presumed innocent until proven guilty.”
He further adduced that, “When the state seeks to rely on any ground to oppose bail, the state must not just make bold assertions, but the assertions must be well grounded and reasonably demonstrated.
Magistrate Utawashe dismissed the state’s opposition to bail adducing that the accused person had no capacity to interfere with state witnesses and other exhibits as they are already in the hands of the state.
Maunganidze was granted bail on the condition that he deposits ZW$50000, to reside at his given address, cease using his cellphone line which is part of the investigation, not to interfere with witnesses who include University of Zimbabwe Staff, forensic Laboratory staff, mobile network providers, Farai Madombi and Tafadzwa Mugwadi.
Information from highly placed sources is that the arrest of Maunganidze is being orchestrated and engineered by senior officers within the ZRP in connivance with Farai Madombi an ICT Guru who works at the Public Service Commission under the uniformed forces desk comprising of the Police Service, ZNA and The Airforce of Zimbabwe Vigai Maunganidze who is a Superintendent in the ZRP and the Provincial Police Intelligence Officer for Harare Province is said to have ruffled some political elites in Harare through exposing grand schemes, corruption cartels and drug syndicates in Harare.
Maunganidze’s arrest according to some sources was supposed to take place around August and early September, however, this was thwarted as no evidence could be found to nail him. The Police promotional exercise which is underway within the ZRP seem to be the main cause of Maunganidze’s troubles. Conspiracy theories have emerged that certain bosses had already lined up their preferred candidates to fill in his boots.
The state was represented by Ephraim Zinyandu while Sande Chimombe appeared for the applicant. Maunganidze will be back in court on 6 January 2023 for routine remand.
