Council directors acquitted

Zvikomborero Parafini

TWO City of Harare directors that were on trial for criminal abuse of duty were yesterday freed after the court granted their application for discharge at the close of the State’s case.

Tendai Kwenda and Cainos Chingombe were being accused of misappropriating funds meant for provision of water, sanitation, education and recreational services.

Kwenda is the council’s finance director, while Chingombe is the human capital director.

Presiding magistrate Vongai Muchuchuti ruled that the State failed to prove its case as it led evidence from witnesses who didn’t assist its case.

She further stated that the State cannot hold them accountable for the maladministration at the City of Harare.

Chingombe was being accused of transferring more than US$130 000 meant for the provision of water, sanitation, education and recreational services, into his personal bank account and using the money to buy a top-of-the-range vehicle.

Kwenda was accused of transferring into his personal bank account US$70 000 meant for the provision of water, sanitation, education and recreational services, and later purchasing a top-of-the-range car.

The State had claimed that on October 30, 2014, Kwenda allegedly connived with other city executives and transferred the money into his account from council’s Traditional Beer Levy account. The money was not part of the general revenue of the local authority and was only supposed to be used for the community welfare as approved by the Minister of Local Government and Public Works, according to the State.

Kwenda was said to have purchased a Jeep Cherokee without the Minister of Local Government’s approval or a council resolution.

He allegedly violated council’s procurement regulations, which, according to the State, stipulate that any procurement above US$10 000 should go to tender.

He was, according to the State, involved in an accident with the said car and failed to report to council before making an insurance claim.

After receiving the insurance money, the State said Kwenda used the funds to purchase a Toyota Land Cruiser, which he also registered in his name.

The court said there was no evidence that the levy account existed at all.

Brian Vito prosecuted.