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THE trial involving the Ministry of Energy and Power Development director of finance, Noel Muguwu, who is facing NINE counts of criminal abuse of duty, got underway in the capital yesterday.
Muguwu pleaded not guilty to all nine counts before Harare magistrate Taurai Manuwere.
Allegations are that on June 26, 2018, Muguwu, in the exercise of his functions as the Director Finance, Administration and Human Resources for Ministry of Energy and Power Development, acted contrary to, or inconsistent with his duty as a public officer.
He is alleged to have written a letter to ZESA Holdings (Pvt) Ltd requesting for payment for toner cartridges and stationery for use by officials from the Ministry of Energy and Power Development.
On July 9 2018, ZESA Holdings (Pvt) Ltd acted on the letter of request and made a payment of US$9 548.
Muguwu made requests for several other payments, on various occasions, contrary to his duties.
In denying the allegations, Muguwu, in his defence outline, said he was a director of finance and administration and human resources.
“Before the enactment of the Public Finance Management Act, as Amended at 28th October, 2016, requests for assistance by Ministries to government entities and parastatals were not an offence as Ministries were permitted to do so by Accounting Officers of Ministries, to save government operations, from total collapse.
“The accused was not aware of the emergence of the amendment to the Public Finance Act, or any general concern in the practice.
“Thus, therefore, whatever he did, in the interest of the Ministry and the State, could not have been an intentional breach; if there was any breach at all.
“The accused did not act contrary, or inconsistent to his duty, as he acts under the direction and supervision of the Secretary to the Ministry and with his/her approval.
“The requests to ZESA were never corrupt and the State Outline and statements of State witnesses do not support this assertion in the charge.
“The Public Finance Management Act (chapter 22:19) as amended in Section 51A has been seriously misconstrued by the prosecution.
“The accused never did or received anything that would compromise the autonomy of the public entity or would compromise the role of the Ministry,” read parts of the defence outline.
Muguwu denied benefiting from the money as it was for payment for the public entity, and requests were made to “borrow” from the public entity to prevent the Ministry from collapsing.
Ephraim Zinyandu appeared for the State.
Online Reporter