HARARE – The Zimbabwe Anti-Corruption Commission (ZACC) found itself in the spotlight on Friday as its arresting powers were challenged in a fraud case involving a Harare couple accused of swindling former Reserve Bank of Zimbabwe Governor Gideon Gono.
Clark Makoni and his wife Beverly Aisha Ndonda Makoni are facing fraud charges involving ZW$137 million. The couple was arrested by ZACC, but their lawyer, Admire Rubaya, is contesting the legality of that arrest, arguing the commission overstepped its constitutional mandate.
The two claim they are victims of extortion by Gono, who they allege attempted to coerce them into paying US$50,000.
When the matter resumed on Friday, ZACC officer Eric Chacha took the witness stand for the State. During cross-examination, the defence accused Chacha of working hand-in-glove with Lindiwe Sabeka—a former ZACC officer now employed as an auditor at Gono’s company, Galwex.
Rubaya alleged that Sabeka abused her former ties to the commission to engineer the couple’s arrest on Gono’s behalf, suggesting the case was tainted by collusion and personal interest.
The State claims the alleged fraud stems from events dating back to July 2017, when Gono reportedly engaged the Makonis to manage Valley Lodge and other business interests. The prosecution says the couple forged company documents (CR14 forms) to list themselves as directors of Valley Lodge (Pvt) Ltd, effectively seizing control of the business.
However, Rubaya argued that ZACC had no legal authority to arrest his clients. He said, constitutionally, ZACC is only empowered to investigate and must refer criminal matters to the Zimbabwe Republic Police (ZRP) for arrest and prosecution.
He further stated that ZACC’s current claim to arrest powers is based on a statutory instrument—which, as a form of subordinate legislation—cannot lawfully amend an Act of Parliament such as the Anti-Corruption Commission Act.
Chacha, under oath, admitted he was unaware of the legal arguments raised.
Rubaya also questioned why the matter, which originated in Mutare, was transferred to Harare investigators, suggesting it was deliberately moved to ZACC officials with personal ties to Sabeka.
“ZACC has offices in Mutare, so why was the matter brought to Harare? You worked with Sabeka at ZACC, and this shows the matter was brought to you through corrupt means,” Rubaya charged.
He told the court he will apply for discharge at the close of the State’s case, with submissions set for July 22. The State is expected to respond on July 24, and the court will deliver its ruling on July 30.