Online Reporter
Danisa Masuku, [email protected]
A SENIOR Bulawayo City Council (BCC) divisional officer, Mr Peter Dube, has been acquitted of fraud charges involving 37 560 litres of diesel valued at about US$54 637, after the court found glaring administrative and policy weaknesses within the local authority.
In handing down judgment yesterday, Bulawayo provincial magistrate Mr Richard Ramaboea ruled that the prosecution failed to prove its case beyond a reasonable doubt, citing poor internal controls and the absence of a clear fuel management policy at the council.
“What emerged during this trial is that the Bulawayo City Council does not have a policy governing the usage of fuel, and that is a glaring sign of inefficiency,” said Mr Ramaboea.
The magistrate noted that inconsistencies in the State’s evidence, coupled with the council’s failure to produce documentary proof, significantly weakened the case.
“One State witness told this court that the accused was entitled to 210 litres of diesel per week, while another witness gave a different figure, which was not recorded anywhere. No written policy or document was brought before this court to support those claims,” he said.
Mr Ramaboea also criticised the manner in which investigations were conducted, particularly the reliance on fuel consumption estimates without verifiable measurements.
“The mechanical expert testified that air filters and oil were changed, yet no proper fuel consumption test was done. Witnesses further conceded that the vehicle’s odometer was not functioning, making it impossible to accurately determine distance travelled or fuel usage,” he said.
Mr Ramaboea added that the absence of a vehicle logbook to record mileage and fuel consumption further exposed systemic weaknesses in council operations.
“There was no logbook at all, which again points to serious inefficiencies in the management of council assets,” said the magistrate.
During the trial, Mr Dube’s lawyer, Mr James Dliwayo, argued that the vehicle in question was not regularly serviced and that mechanical assessments later revealed that the engine was leaking.
“The engine was found to be wet, which supported the defence position that fuel losses were mechanical rather than criminal,” submitted Mr Dliwayo.
The case dates back to February 2021, when prosecutors alleged that Mr Dube misrepresented to fuel attendants at Khami Stores and Famona Fire Station, failing to properly account for 472,49 litres of diesel valued at US$689,84.
Further allegations spanned several years, with the State claiming that Mr Dube misappropriated fuel in multiple instalments, including 614,11 litres in May 2021, 5 460,76 litres between September 2021 and May 2022, and 413,77 litres between June and July 2022.
Prosecutors also alleged that from August to November 2022, Mr Dube diverted 1 524,50 litres, followed by 3 790,05 litres between January and April 2023, 9 787,43 litres between May 2023 and March 2024, and 4 924,03 litres between April and June 2024.
The final allegation involved 6 923,84 litres of diesel valued at US$10 108 81, allegedly diverted between August and November 2024.
