adminFairness Moyana, Hwange Correspondent
THE 10 Hwange Local Board councillors who were facing charges of criminal abuse involving the issuing of a tender have been acquitted.
The councillors were being accused of flouting the Urban Councils’ Act after they allegedly awarded N and S Properties a contract to service its Empumalanga phase two project without going to tender.
The company was supposed to develop 1 705 stands in four phases at a cost of $1 619 750. However, the developer halted servicing in the first phase following a fallout with the local authority over payment of $451 250.
Hwange provincial magistrate Mrs Portia Mhlanga on Thursday acquitted Cosmas Kaboloma Ndlhovu, Wilson Maphosa, Pius Shumba, Robert Ndlovu, Salani Nkomazana, Chemist Dube, Dewa Kondo, Joseph Munkuli, Absalom Kwenda and Leonard Dhlakama after the State failed to prove its case.
Passing her judgment, Mrs Mhlanga said the State case lacked merit.
“The awarding of the tender involves the town clerk who was not called by the State to give evidence which is weakening the State’s case. Further the testimonies of the witnesses was mostly based on hearsay while the court is finding it difficult to understand why only 10 councillors were implicated when the resolution was made by 14. It is also noted that at the time the Procurement Board had not been operationalised and hence the authority used its discretion guided by the regulations of their parent ministry. Therefore the accused persons are found not guilty and acquitted,” said Mrs Mhlanga.
The case which has been dragging for three years has been riddled with twists and turns as at one point a key witness who was supposed to give crucial evidence delayed proceedings as he demanded hotel accommodation and a flight ticket from the State to testify.
According to court documents the councillors were said to have in 2012 unprocedurally awarded to Bulawayo based land developer, N and S Properties without going through formal tender procedures as required by the Act. It was alleged that Ndhlovu and a team of councillors travelled to Bulawayo to scout for a land developer to service 645 stands under the Empumalanga Phase Two project. Part of the Act’s requirement involved flighting an advert calling for a tender when it exceeds a substantial amount for the job.
The 10, through their lawyer, Mr Thulani Nkala of Dube and Company pleaded not guilty arguing that council complied with the tender procedures and that the charges against them were malicious and unfounded.
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