TOP COUNCIL OFFICIALS ACQUITTED

Zvikomborero Parafini 

CITY of Harare housing allocation clerk Aaron Tayerera and director housing, Matthew Marara were over the weekend acquitted in their criminal abuse of duty case after the presiding magistrate ruled that they cannot be held criminally liable for the actions by the full council.

The two were accused of using a fake and unapproved plan for Stand 277 in Borrowdale and subdivided it into seven stands without the knowledge and approval of the City of Harare.

In their defence, through their lawyer Tsitsi Mazikana, the two said they acted in their line of duty and as per a council resolution.

“Tayerera testified that he didn’t allocate the stands, but he just wrote the allocation letters as the allocation housing officer, while Marara said he acted according to the full council resolution and produced documents to that effect.

“The State didn’t raise any issues on their authenticity and the key question to be answered was whether or not they acted inconsistently with their duties as public officers.

“Their defence was corroborated by key state witnesses, Peter Dube, who confirmed the existence of a council resolution in which the council wanted to raise money to pay salaries by selling the land in question.

“The two acted in terms of the full council resolution and council can change the purpose of the land set aside with the authority of the Minister of Local Government.

“Council didn’t resolve to do away with the Act as they resolved the change of use would be sought for while the stands were already on sale, a procedure which is not prohibited by the Act, hence they cannot be held criminally liable for the actions by the full council,” said magistrate Taurai Manuwere.