Five Tsholotsho councillors up for fraud and misconduct

THE tribunal appointed by the Government to investigate the suspension of five Tsholotsho Rural District councillors over alleged offences including abuse of office and fraud has begun work on the ground.
Ministry of Local Government and Public Works director of advocacy and communications, Mr Gabriel Masvora, confirmed the development.

“I can confirm that the team is already working,” he said.
The councillors were suspended earlier this month following recommendations by a three member investigations committee appointed by Local Government and Public Works Minister Daniel Garwe.

Those suspended are Councillors Witness Khumalo (Ward 1, Citizens Coalition for Change), Felix Tshuma (Ward 21, CCC), Jabulani Sigadula (Ward 7, CCC), Jabulani Ndlovu (Ward 10, Zanu-PF) and Busani Mvundla (Ward 6, CCC).

The tribunal, chaired by Mrs Tendai Elizabeth Sibanda, was constituted in terms of the Rural District Councils Act, specifically Section 157A, which provides for the establishment of an independent tribunal whenever the removal of a councillor or chairperson is under consideration.

In accordance with Section 278(2) of the Constitution, the tribunal must include a chairperson appointed by the Minister from a list of legal practitioners nominated by the Law Society of Zimbabwe, each with at least five years’ experience in private or public practice.

Part 2 (a) and (b) of the Section stipulates that an independent tribunal shall consist of a chairperson appointed by the Minister from a list of at least three and not more than nine registered legal practitioners nominated by the Law Society of Zimbabwe in terms of Section 51 of the Legal Practitioners Act (Chapter 27:07).

Two additional members must be appointed from nominees submitted by the Public Service Commission of Zimbabwe, drawn from individuals with experience in local Government administration.

Where allegations relate to financial impropriety, the tribunal must also include a member, who is a professional registered under the Public Accountants and Auditors Act.

The suspensions follow findings by an investigations committee chaired by the ministry’s director of local authorities, Mr Mike Mazai, which uncovered what it described as a pattern of misconduct involving interference in the Communal Areas Management Programme for Indigenous Resources (Campfire).

Campfire is a community based natural resource management initiative that enables rural communities to benefit from the sustainable use of wildlife and other resources through activities such as trophy hunting, tourism and forestry. Revenue generated is used to support local development projects, including schools, clinics, roads and water infrastructure.

According to the committee’s report, several councillors allegedly exceeded their authority by issuing directives to Campfire committees despite lacking the legal mandate to do so.

Cllr Sigadula allegedly brought an unauthorised individual to a CAMPFIRE meeting who later fraudulently claimed travelling allowances from CAMPFIRE funds, causing financial prejudice.

Cllr Ndlovu is accused of improperly directing a ward CAMPFIRE committee on project priorities and resource allocation, actions said to have undermined the committee’s autonomy and governance procedures.

Cllr Mvundla faces fraud allegations after allegedly failing to account properly for 1 000 litres of fuel allocated for transporting building materials for a school project, instead submitting what investigators described as a suspicious single receipt.

“The investigation suggests possible abuse of public funds,” reads part of the report.
Cllr Khumalo is accused of criminal abuse of office after allegedly halting operations of a timber logging company that was operating under a valid council contract — a move that reportedly deprived the council of revenue and affected local employment and livelihoods.

Investigators said the conduct potentially contravenes several legal provisions, including Section 174(1)(a) of the Criminal Law (Codification and Reform) Act, which relates to criminal abuse of duty by a public officer, as well as provisions dealing with theft or fraud involving entrusted property or funds.

“The investigation concluded that there is a prima facie case for criminal prosecution and disciplinary action. There is a pattern of entrenched misconduct where councillors abused their office, undermined community governance, diverted public resources and exposed the council to reputational and financial harm,” the report said.

Tsholotsho, one of several rural districts in Matabeleland North, relies heavily on CAMPFIRE revenues to fund development projects and mitigate human wildlife conflict, making the integrity of the programme essential to community livelihoods and conservation.

The tribunal’s findings will determine whether the councillors will be removed from office or reinstated.