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Yeukai Karengezeka, Court Correspondent
SEVEN members of Harare City Council’s Finance and Development Committee, accused of illegally allocating themselves residential stands, have been acquitted by Harare regional magistrate Mr Donald Ndirowei.
The councillors—Costa Mande (40), Gilbert Thamsanqa Hadebe (51), Maxwell Dutuma (29), Loveness Gomba (46), Happymore Gotora (47), Ian Muteto Makone (73), and Stanley Manasi Manyenga (40), faced charges of criminal abuse of office and, alternatively, corruptly concealing a personal interest in a transaction.
However, the court found them not guilty and dismissed the charges at the close of the State’s case.
In his judgment, Mr Ndirowei stated that the State had failed to establish a prima facie case against the accused councillors.
He noted that all witnesses, including senior council officials, testified that no standard operating procedures were breached and that councillors were indeed eligible to apply for residential stands.
“All the witnesses, including senior council officials, confirmed that no protocol was violated. The councillors were eligible for residential stands if they applied,” said Mr Ndirowei.
He further highlighted that none of the State witnesses’ evidence corroborated the testimony of the complainant, Mr Shepherd Chikomba.
“The accused couldn’t usurp the powers of the Human Capital director or the Estates and City Valuer managers in the land allocation process,” added the magistrate.
The State had alleged that on June 17, 2022, a committee of senior council officials, working with other executives, recommended that 20 percent of all residential stands created in Harare be allocated to council employees, including councillors.
The accused councillors, as members of the Finance and Development Committee, were accused of abusing their positions by allocating themselves commercial and industrial stands. It was alleged that the councillors schemed to use council meetings to allocate stands to themselves and their colleagues.
The councillors would allegedly leave meetings temporarily to allow others to approve stands for them, then return to allocate stands to their fellow councillors.
Between two meetings held on November 14, 2022, and December 14, 2022, it is said 24 commercial and industrial stands were allegedly allocated to 12 councillors, 11 senior council officials, and one Member of Parliament.
Additionally, 35 stands in Glaudina were allocated to various applicants, including two councillors and three council employees.
The recommendations were subsequently adopted and passed unanimously by the council.
Online Reporter