March 25, 2023
Ofer Sivan accused by ZACC of interference
THE Zimbabwe Anti-corruption Commission (ZACC) is seemingly appealing for the arrest of controversial Israeli businessman Ofer Sivan over allegations of interfering with the course of justice.
This comes after Sivan reported ZACC Commissioner Smart Mandofa to police claiming that he had criminally abused his office by allegedly being compromised by Gilad Shabtai who is in an ownership wrangle with the complainant.
Mandofa was on Monday granted bail by Regional Magistrate Stanford Mabanje. He was represented by top criminal lawyer Admire Rubaya.
But ZACC believes that Mandofa’s arrest was tantamount to interference by Sivan.
“Following the arrest and appearance in court at Rotten Row Magistrate of Assistant Inspector Mandofa on 11 March 2023, Zimbabwe Anti-Corruption Commission issues the following press statement to set the record straight,” read s statement by ZACC.
“The Commission note with regret that the press statement is being issued on matters that are already before the court but it found it prudent to correct the negative media publicity for the benefit of all our stakeholders and the public in general.
“The Commission confirms the following:-
“Assistant Inspector Mandofa is a police officer who was on secondment to the Commission from 2020 to February 2022 when he was recalled back to the police together with other police officers who were also on secondment. During the period of his secondment, he was attached to the Commission’s Investigation Department.
“The Commission investigated allegations of fraud as defined in section 136 of Criminal Law [Codification & Reform Act [Chapter 9:23] and the complainant is Gilad Shabtai an Israeli national and Executive Director of Adlecraft Investments [Pvt] Ltd, a company registered in terms of the laws of Zimbabwe.”
Further read the statement: “The allegations were against Ofer Sivan, also an Israeli national and Managing Director of Adlecraft Investments [Pvt] Ltd. The case was allocated to Assistant Inspector Mandofa to investigate together with two other officers from the Commission.
“The resultant investigations by the Commission led to the arrest of Ofer Sivan and one Cassandra Myburg, an employee of Adlecraft Investments [Pvt] and the two were successfully placed on remand at Rotten Row Magistrate Court.
“The Commission has since completed investigations into the case and the matter is undergoing trial at the High Court of Zimbabwe. Case was adjourned to the 28th of March 2023 for continuation of trial.
“It was brought to the attention of the Commission after the arrest of Ofer Sivan that the Police Commercial Crimes Division was also investigating allegations of fraud against Gilad Shabtai and the complainant in that case was Ofer Sivan. Gilad Shabtai was said to be on a Warrant of Apprehension.”
The commission further states that, upon receiving the above information, verified facts with Police Commercial Crimes Division who confirmed the investigation and the Warrant of Apprehension.
“They further advised that the case against Gilad Shabtai which they were investigating was declined prosecution by National Prosecuting Authority before the arrest of Ofer Sivan by the Commission.
“The Police also confirmed that they were investigating another case of Theft of trust property as defined in section 113 of the Criminal Law [Codification & Reform] Act against Ofer Sivan and the complainant was Gilad Shabtai.
“When the Commission arrested Ofer Sivan, it was not aware that the police were investigating both Ofer Sivan and Gilad Shabtai neither was it aware of the existence of the said Warrant of Apprehension against Gilad Shabtai.
“The police confirmed that the Warrant of Apprehension against Gilad Shabtai was cancelled by the issuing magistrate. The Commission was not part to the cancellation of the Warrant of Apprehension neither is it aware of the circumstances leading to its cancellation.
“National Prosecuting Authority confirmed that it declined to prosecute the case against Gilad Shabtai that was investigated by Police Commercial Crimes Division.
“The Commission views the arrest of Assistant Inspector Mandofa by Police Commercial Crimes Unit as a direct interreference with the case of State versus Ofer Sivan investigated by the Commission. Ofer Sivan is appearing in court at High Court of Zimbabwe for continuation of trial.”