Plumtree Town Secretary makes freedom bid at High Court

Mashudu Netsianda, Senior Court Reporter
PLUMTREE Town Council Secretary Davies Dumezweni Luthe who is facing allegations of fraudulently selling council stands valued at more than US$1,8 million, has approached the High Court for bail pending trial.

Luthe was in 2019 suspended for allegedly issuing 61 residential stands to a local businessman Mr Charles Moyo who is based in South Africa without following proper procedures, but was later reinstated.He has since been arrested for allegedly offering the same businessman three stands unprocedurally.

Last week, Luthe (58) of Hebron Township in the border town appeared before Plumtree magistrate Ms Sikhethile Moyo facing one count of criminal abuse of duty as a public officer as defined in Section 174 of the criminal law (Codification and Reform Act.

He was remanded in custody to December 28 pending trial.Luthe, through his lawyer Mr Prince Butshe of Mathonsi Ncube Law Chambers, filed an application for bail pending trial at the Bulawayo High Court citing the State as a respondent.

In his bail statement, Luthe is denying the charges, arguing that he acted under guidance and control of councillors through various sub-committees, which passed the resolution.

“As Plumtree Town Secretary, generally, I operate through council resolutions and other directives as given by the council chairperson.

The stands in question were sold during the hyper inflationary period between 2007 and 2009 and it was done through a council resolution, which I implemented,” he said.

“Due to the deterioration of the value of money as a result of hyper-inflation at the time, council resolved to enter into a barter trade agreement in order to salvage value of the stands.”

Luthe argued that he had to initiate strategies that would help council to retain some value.“Later on, after dollarisation resulted in an improvement in the economy, some people within and outside council started complaining about the real value of what council had got from the barter trade deal.

Over the years, successive councillors have talked and expressed their dissatisfaction on the issue and I had to write a report.”

Luthe said he never did anything outside the directives of councillors. He argued that he never benefited from the transaction and only acted in the interests of council. He said there were no compelling reasons that if released on bail he would abscond.

“I have no previous conviction and I am of fixed abode hence if released on bail I would not abscond,” he said.
Luthe offered to pay $100 000 bail and to report once every fortnight at Plumtree Police Station as part of the bail conditions.

He also offered to continue residing at his given address, surrender his passport and not interfere with witnesses until the matter is finalised.

According to court papers, it was stated that between June 2007 and May 2009, Luthe undervalued three pieces of land offered to a local investor Mr Charles Moyo: 31 250 square metres to build a funeral parlour; 7547,50 square metres for a lodge and 560 000 square metres for a shopping mall.

He then issued offer letters for the three properties, each stipulating the value of the concerned property together with other administrative ancillary charges.In terms of the letters, Mr Moyo was required to develop the three stands within 18 months from the date of offer.

Luthe is alleged to have made a unilateral decision and entered into a personal agreement with Mr Moyo.

A council meeting was accordingly held to incorporate Luthe’s decision for the purpose of coming up with a council resolution in order to conceal his underhand dealings.

Luthe further decided to go to South Africa to visit Moyo with a delegation from Plumtree Town Council on the pretext that they were travelling to South Africa to hunt for investors.Upon their return from South Africa, Luthe came up with the barter trade concept purporting that it was agreed with Mr Moyo while they were in the neighbouring country.

The barter trade was not explained in court papers but prosecutors say there were no supporting documents for the deal.

Investigations revealed that when Luthe initially offered the three stands, there was no barter trade involved, but the terms of agreement were later tampered with for the purposes of corruptly benefiting and showing favour to Mr Moyo.

The matter came to light after Mr Moyo sued the town council for failing to honour the barter deal whereby council was supposed to allocate him 61 low density stands.

According to records, there was no official agreement signed between council and Mr Moyo.
The Zimbabwe Anti-Corruption Commission carried out investigations, leading to Luthe’s arrest. –@mashnetsEnds