High Court justice Mangota has ruled in favour of NetOne board member, Mr Ranga Mavhunga and issued an interdict order blocking a warrant of search and seizure issued against Netone TechnoMag can reveal.
Mavhunga was sometime ago dragged to court on allegations of abuse of office after his company FMC Finance entered into a business agreement with NetOne Cellular on allegations that he did not declare a conflict of interest.
The agreement supposedly breached laws of good governance as it’s believed to have potentially prejudiced the state owned company.
Magistrate Tendai Muchini issued a warrant against NetOne board member for conflict of interest stating that the police officers and other officers of the law, were proper to the execution of criminal law warrants.
The warrant was issued to investigate Mr Ranga Mavhunga for conflict of interest on allegations that his company FMC finance entered Into an agreement with NetOne P/L without him declaring a conflict of interest, which potentially could have prejudiced NetOne.
Part of the charges read:
“When an agreement was entered between NetOne and FMC the accused did not disclose to NetOne Cellular board his involvement in FMC which might have favoured FMC to obtain the facility in contravention of Section
173 (1) (a) (ii) of the Criminal Law and Codification and Reform Act” read part of the charge sheet.
Whereas from information taken upon oath before myself, there are reasonable grounds for believing that NetOne Cellular is in possession or control of the following documents and records which are required as exhibits in a criminal docket and that is necessary for the purpose of investigating or detecting a case of corruptly concealing from a principal
However, High Court judge Justice Mangota shot down the lower court order.
Mangota ruled in favour of NetOne and issued an interdict order blocking a warrant of search and seizure issued against Mavhunga.
The appeal in a high court nullified the effect of the search and seizure process with costs.
The high court stated that NetOne as a whole can not be subject to search and seize without specifics mentioned for the purposes of investigating a board member.