Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
THE High Court yesterday dismissed an appeal against conviction and sentence by former Midlands State University (MSU) bursar Mamelo Moyo and her husband Melusi, who were each fined US$4 000 for engaging in unprocedural business transactions.
Mamelo and Melusi, who is also the university’s former acting director of works, formed a briefcase company and supplied the university with stationery and computer accessories amounting to over US$150 000 without declaring that there was conflict of interest.
The couple connived and flouted tender processes by awarding a deal for the supply of stationery and chickens at uncompetitive prices to a private firm in which they had interests.
They were convicted on charges of corruptly concealing from a principal a personal interest by Gweru regional magistrate Mr Morgan Nemadire and sentenced to five years in jail each.
The magistrate suspended two years from their sentence on condition that they pay US$4 000 each and a further three years were suspended for five years on condition that they do not within that period commit a similar offence.
Aggrieved by both conviction and sentence, Mamelo and Melusi, through their lawyers Mutuso, Taruvinga and Mhiribidi Attorneys, filed a notice of appeal at the Bulawayo High Court challenging Mr Nemadire’s ruling.
Justice Maxwell Takuva who was sitting with Justice Nokuthula Moyo during the criminals’ appeals court dismissed the two appellants’ application, saying it lacked merit.
“It is common cause that the two appellants failed to comply with the law. The first appellant (Mamelo) by virtue of being the bursar was the custodian of the university’s financial regulations.
“She was supposed to act like a prefect monitoring those regulations to ensure that they are complied with but, however, she was the first person to breach those regulations by failing to declare their interests,” said the judge.
Justice Takuva said the couple corruptly benefited where they should not have benefited.
He said failure by the appellants to disclose their interests in terms of the law was tantamount to corruption.
“The appeal is devoid of merit and is accordingly dismissed in its entirety,” ruled the judge.
In their grounds of appeal, they argued that the magistrate erred by failing to appreciate that corruption was an essential element of the offence and that the State did not place any evidence of corruption before the court.
They said there was no evidence before the court to prove intention to deceive.
Mamelo and Melusi said the court misdirected itself by ignoring the fact that there was an acrimonious relationship between themselves and the university council chairman.
According to court papers, it was stated that between September 11, 2014, and September 25, 2015, the couple made supplies to MSU via Netabelt Investments through a tender process as well as the competitive quotation bidding process without having declared their interests to the university in violation of the institution’s financial regulations.
Mamelo authorised for 14 of the 19 transactions which were made to Netabelt Investments via bank transfers into its CBZ account. On October 26, 2015, MSU represented by Mr Erasmus Mupfiga, got a tip-off that the two had an undisclosed relationship with one of the university’s suppliers called Netabelt Investments (Pvt) Limited.
The institution then called Deloitte and Touche to investigate the relationship between the couple and the company.
On realising that procurement procedures of the university were about to be audited, Mamelo completed declaration of conflicts form and declared that Melusi was her husband and director of Netabelt Investments (Pvt) Limited.
Mamelo also brought a declaration of conflict form completed by her husband declaring he was the director of the company.
She went on and forced her two subordinates Nyaradzai Kutsira and Jonathan Satande to sign in the forms as witnesses.
The audit, however, disclosed that Melusi also had 30 transactions through Netabelt Investments (Pvt) Limited worth $154 393,05 with MSU for the supply of stationery and food.
Mamelo would authorise the payments made to the company.
A report was made to the police leading to the couple’s arrest. -@mashnets
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