Online Reporter
Lovemore Kadzura
Mutare Bureau
MAKONI Rural District Council head of human resources and administration, Pius Mushaya, has been acquitted in a case in which he was facing charges of abusing US$17,500.
The money was drawn from the local authority’s Capital Development Fund.
He was accused of using the funds to buy a house.
Mushaya was facing charges related to the theft of trust property after he was arrested last year by officers from ZACC.
However, after a full trial Mutare magistrate, Poterai Gwezhira, ruled that the State case was weak as there was a Council resolution to give Mushaya the money.
He also noted that there was an audit by Council which stated that there was no error in the transactions.
Council approved all the requisitions, requests, withdrawals and approvals, the magistrate noted.
Mushaya was represented by Munyaradzi Manyengavana of Manyengavana Law Chambers while Chris Munyuku appeared for the State.
The court heard that Mushaya held the position of acting CEO at Makoni RDC from January 2012 to December 2012.
The then substantive council boss, Edward Pise was away on study leave.
Munyuku said Makoni RDC made a suspicious transaction on June 14, 2012, transferring US$17,500 from its Barclays Capital Development Fund account to Beauty Benge-Mweyamweya, to buy Mushaya’s house.
This transaction was allegedly made as part of Mushaya’s benefits, as per the Council resolution FC105/2011.
The court heard that the payment voucher for the US$17,500 transaction was approved by Timothy Makoni, who then was the chairperson of the finance and human resources committee.
It was authorised by Mushaya, despite the fact that he was a direct beneficiary of the transaction.
According to Section 128 of the RDC Act, CDF funds are created for the purpose of financing capital expenditures and replacement of assets appropriate to the function or functions for which the fund concerned was established.
Munyuku argued that as the accounting officer and custodian of the Capital Development Fund (CDF) at the time, Mushaya had no authority to approve the use of CDF funds to purchase the house in question.
However, Mushaya was cleared of the charges and any questions about the transparency of the transactions were thrown out by the court.
