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Tapera Vhudzijena (45), of 2210 in Chivhu had pleaded not guilty to a charge of abusing public office and corruption, but Gweru provincial magistrate Mr Sithembinkosi Msipa on Friday found him guilty and sentenced him to three years in jail.
However, one year of the sentence was suspended on condition of good behaviour while a further two years were suspended on condition that he performs 808 hours of community service at Chivhu Primary School.
Vhudzijena was ordered to start performing the community service yesterday.
In passing sentence the court took cognisance of the fact that Vhudzijena had been suspended from July without pay and has since lost his job.
It was also noted that Vhudzijena had served the bench for 23 years and that the case was rare and different from other abuse of office cases that are normally brought before the courts.
Mr Msipa, however, said he could not give Vhudzijena a wholly suspended sentence because there was an element of greed in his actions, hence he had to perform the 808 hours of community service.
Vhudzijena ordered a clerk of court, Mr Piniel Muvhunzwi to auction property that included electrical gadgets, household goods and generators, among other things, to court officials before he also bought some for himself for only $200.
According to court papers, some of the property which Vhudzijena bought at the “court officials only” auction were two juta invertors, Eco radio, two-plate oven stove, a royal television set, two solar panels, two sonny DVDs, two power generators, a freezer, a bed comforter and two blankets, all for $200.
For the State, Mr Takunda Chikwati told the court that between December 2011 and May 2012, police arrested several people who had smuggled goods from South Africa into Zimbabwe.
He said the police confiscated a variety of items during the exercise.
The property, which included electrical gadgets, clothes, household property, among other items, was taken to court as exhibits and kept at the Mwenezi magistrate’s court.
Mr Chikwati said Vhudzijena instructed Mr Muvhunzwi to conduct an auction of the exhibits to court officials only without following proper public auction procedure for forfeited property.
Other court officials who bought property at the auction include the prosecutor, Mr Brain Mutati who bought a five-piece kitchen set, two men’s suits, and two ladies suits for only $20.
Mrs Vimbai Ngazimbi bought three ladies’ suits, a DVD player, solar panel convertor, and children’s clothes for $30.
The matter was later picked up by the police who instituted investigations leading to Vhudzijena’s arrest.
In his defence, Vhudzijena told the court that he sold the property to court officials as a way of motivating the staff to work hard.
He said the staff’s morale was high and everyone began to work hard proving that they had been motivated.
Bongani Ndlovu
Online Reporter