Online Reporter
Danisa Masuku, [email protected]
CHIEF Mphini, born Jabulani Ndiweni, and Village Head Howard Nkomo have appeared in court facing charges of criminal abuse of office after allegedly parcelling out land without authority from the Bulilima Rural District Council.
The two appeared before Plumtree provincial resident magistrate Mr Busani Ncube, where they pleaded not guilty and were remanded out of custody to May 11 for trial.
Through their legal practitioner, Mr Prince Butshe of Butshe and Associates, the accused challenged the jurisdiction of the court, arguing that the matter is constitutional in nature and therefore falls outside the purview of the magistrates’ court.
“Having gone through the State papers, it is my humble submission, Your Worship, that the two accused persons are improperly before this court because the Acts which they are alleged to have violated are not consistent with Section 282 of the Constitution,” said Mr Butshe.
He further argued that in terms of Section 175 of the Constitution of Zimbabwe (2013), read together with Statutory Instrument 61 of 2016, traditional leaders derive their authority directly from the Constitution and should not be treated merely as administrative extensions of rural district councils.
“The prosecution seeks to proceed as if that constitutional role does not exist or is entirely subordinate to the RDC, thereby criminalising the independent exercise of customary authority,” said Mr Butshe.
In response, Magistrate Ncube said the defence was at liberty to approach a superior court for constitutional interpretation.
Mr Ncube said that at this stage, parties were free, should they deem it necessary, to approach the appropriate court to determine the constitutional issues raised.
“I am of the view that there is nothing untoward about such a chance for the accused persons to help our laws of the country if there is any need for alignment that needs to be done. It is not for this court to be deciding such alignment issues. There is a court specifically created to deal with such a responsibility,” he said.
Prosecuting, Ms Fezile Mpofu told the court that investigations conducted by the Zimbabwe Anti-Corruption Commission (ZACC) revealed that the alleged offences were committed between 2020 and 2025.
The court heard that Ndiweni allegedly allocated residential stands measuring between 750 and 7 500 square metres to at least 29 beneficiaries without following laid-down procedures.
It is further alleged that prospective beneficiaries were charged between US$2 000 and US$2 500 per stand, although only two individuals confirmed having made payments, with no receipts or documentary proof produced.
Further investigations indicated that Ndiweni allegedly allocated five stands in connivance with Village Head Mafa and 12 in conjunction with Village Head Nkomo. Acting independently, Village Head Mafa allegedly allocated one stand, while Nkomo allegedly allocated 12 stands without council approval.
ZACC recovered seven original certificates of household occupancy from beneficiaries, while three copies were obtained from individuals who claimed to have misplaced the original documents.
The court was also told that there were duplications in allocation records, with some spouses appearing as separate beneficiaries for a single stand, inflating the total number of allocations to 125.
Notices issued by the Bulilima Rural District Council directing beneficiaries to stop developments on the disputed land were also recovered during the investigation.
A total of 59 witness statements were recorded, although some beneficiaries could not be traced and several stands remain undeveloped.
Ms Mpofu outlined the legally prescribed land allocation process, stating that applications are required to originate at village level before passing through several approval stages prior to final endorsement by the council.
She said recommendations are submitted through village assemblies, ward structures and council committees before a resolution is made and an occupation certificate is issued.
