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Prosper Dembedza, Herald Correspondent
FORMER Chitungwiza Municipal director of works, Emmanuel Mushata, has been jailed for an effective three years for criminal abuse of duty as a public officer.
Handing down judgment, Harare regional magistrate Mr Stanford Mambanje found that district public prosecutor, Mr Tafara Chirambira, successfully proved beyond reasonable doubt that Mushata had acted inconsistent to his duties.
Mushata allegedly illegally created a new residential stand in the middle of the road then allocated it to Chengetai Nyagondo, a then MDC-T Councillor in Zengeza.
Mushata was initially charged together with Clr Nyagondo and Alex Mukweva, a former director of housing at Chitungwiza Municipality.
But at the end of the trial these two were found not guilty as the evidence against them could not be proven beyond reasonable doubt.
The State alleged that sometime in November 2019, the three had identified an open space on an earth road and created a residential stand without following the provisions of the Chitungwiza Municipality housing policy.
The stand became stand 20 884, situated in the middle of the road in Zengeza 4, measuring 476 square metres.
Acquitting Cllr Nyagondo and Mr Mukweva, the regional magistrate said Mushata had clearly created the stand in question and proceeded to allocate it.
It was also established that Mukweva generated an offer letter in line with his duties while Cllr Nyagondo was simply a beneficiary.
In sentencing Mushata, Mr Mambanje said while the court was aware of the need to be merciful to the accused, it cannot be blinded by mercy.
He further said the courts cannot be seen to condone corruption done by public officials and then initially sentenced him to 48 months imprisonment before suspending 12 months, leaving an effective 36 months.
Online Reporter