Moffat Mungazi
Ray Bande
Senior Reporter
CHICKENS are coming home to roost for Pius Mushaya, the former human resources and administration boss at Makoni Rural District Council, who was arrested for allegedly misusing US$17 500 from the local authority’s Capital Development Fund to purchase his own house.
The matter came to light when Mushaya appeared before Mutare provincial magistrate, Mr Tendai Mahwe on Monday, facing charges related to the theft of trust property, as defined in Section 113(2)(C) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
The case was prosecuted by Mrs Joyce Tinarwo.
Mushaya, who resides at House Number 1469, Nyanga Drive, Rusape, with a business address stated as Plot Number 6, Welcome Farm, was arrested on January 23 by officers from the Zimbabwe Anti-Corruption Commission (ZACC).
He was remanded out of custody to February 20, on US$200 bail.
The court heard that the accused held the position of acting chief executive officer at Makoni RDC from January 2012 to December 2012 as the then substantive council boss, Dr Edward Pise was away on study leave.
Mrs Tinarwo said Makoni RDC made a suspicious transaction on June 14, 2012, transferring US$17 500 from its Barclays Bank Capital Development Fund account to Mrs Beauty Benge-Mweyamweya, supposedly for the purchase of Mushaya’s house.
This transaction was allegedly made as part of Mushaya’s benefits, as per the council resolution FC 105/2011.
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, and subsequently authorised by Mushaya, despite the fact that he was a direct beneficiary of the transaction as the funds were used to purchase his house.
Mrs Tinarwo said the accused allegedly instructed Barclays Bank to transfer the US$17 500 from Makoni RDC Capital Development Fund account into another Barclays Bank account held by Mrs Benge-Mweyamweya. The accused was a signatory and the accounting officer of Makoni RDC at the time.
This transaction raises questions about misuse of funds and the accused’s authority to make such transfers.
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.
Mrs Tinarwo 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.
The reason, she argued, was that the property was not a council asset, but rather a private residence owned by Mushaya himself.
Mrs Tinarwo further emphasised that council policies dictate that properties for employee exit benefits are solely purchased from the salaries account, which caters for human resources needs.
Conversely, the Capital Development Fund (CDF) account is reserved for distinct purposes.
Given his position as acting chief executive officer and accounting officer, Mushaya was fully aware that utilising CDF funds to purchase his private residence was a clear violation of council protocols.
The prosecutor argued that the accused person misappropriated council funds for personal gain, utilising Capital Development Funds to purchase his own residence despite knowing that these funds are strictly earmarked for development purposes and cannot be used to finance employee benefits.
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