Online Reporter
Mashudu Netsianda, Deputy National Editor
THE Supreme Court has upheld the conviction and sentence of former Victoria Falls Mayor, Somveli Dlamini, who was found guilty of defrauding the Victoria Falls City Council of US$15 000.
Dlamini was convicted and sentenced to 36 months in prison by Hwange regional magistrate Mr Mark Dzira in October 2023. Six months of that sentence were suspended for five years on condition that he does not commit a similar offence during that period.
Unhappy with both the conviction and sentence, Dlamini, through his lawyers Mvhiringi and Associates, approached the Supreme Court challenging the High Court’s earlier decision to dismiss his appeal. He argued that the sentence was excessive and induced a “sense of shock.”
In his grounds of appeal, Dlamini maintained the State failed to prove its case beyond reasonable doubt. He argued the High Court misdirected itself on the law of upholding his conviction.
“The court a quo seriously misdirected itself at law by making a finding that the appellant had defrauded the complainant.
“The court a quo erred and misdirected itself at law in dismissing the appeal against sentence, which induced a sense of shock,” argued Dlamini.
In his appeal, he sought that the appeal against both conviction and sentence be dismissed or alternatively, the sentence of 36 months be set aside and substituted with US$500 fine or six months in prison.
However, the Supreme Court bench comprising Justices Samuel Kudya, Tendai Uchena and Susan Mavangira, dismissed the appeal in its entirety, saying both the conviction and sentence were appropriate.
“This court can’t interfere with the conviction and sentence of the court a quo. This case is aggravated by the fact that the appellant was a Mayor who abused his position and betrayed the trust bestowed on him as a public officer,” said Justice Kudya.
Earlier in January, Bulawayo High Court judge Justice Munamato Mutevedzi had also upheld both the conviction and sentence.
The case stems from a fraud committed in August 2022 while Dlamini was still the Mayor and councillor for Ward 9. Investigations by the Zimbabwe Anti-Corruption Commission (ZACC) revealed that Dlamini misrepresented himself to the council as one Valentine Munyaradzi Maseko, a close friend, to acquire a commercial stand despite already having previously benefitted from a similar land allocation.
Despite knowing that he was ineligible for the scheme, Dlamini manipulated the process to secure Stand Number 1771 Wood Road in Victoria Falls.
In accordance with council policy and Government regulations, beneficiaries are only allowed to acquire land once under any land scheme.
To circumvent this, Dlamini falsely claimed to be purchasing the stand from a person named Valentine Nyoni.
He submitted the application and paid an initial deposit of US$10 000 towards the US$25 000 price. When he failed to raise the balance within five days, he paid ZWL$7,5 million via bank transfer.
Zacc investigators, who were in the city probing corruption allegations, uncovered the fraudulent transaction, leading to Dlamini’s arrest. The local authority was prejudiced of US$15 000 and a potential prejudice of US$66 462,75.
