Trial of district council executives postponed

Postponing the trial of Jericho Moyo, Martin Framer Ndlovu, Sami Muleya and Kennias Msipa Zangari, Mr Jeremiah Mutsindikwa, for the State, indicated that they are still to locate the investigating officer in the case, Detective Inspector Mahohoma, who has since left employment.
He told the court that the investigating officer is now working in Mozambique and  the State needed time to summon him so that he appears in court.
Moyo (48), Ndlovu (50), Muleya (56) and Zangari (60) have pleaded not guilty to the charge before Bulawayo provincial magistrate Mrs Rosemary Dube.
They are out of custody on $600 bail each coupled with other conditions that include reporting to the police twice a week.
Moyo was the Campfire manager, Ndlovu a finance officer and                     Muleya the chief executive officer of the Tsholotsho RDC. Zangari is the                  director of DAP Diesel Injection and Electrical Services (Private) Limited trading as Inuvik Investment (Private) Limited.
On 18 December 2009, a Tsholotsho RDC Campfire meeting was held at the council hall where councillors from 10 Campfire wards attended.
The meeting resolved that the local authority should purchase two Toyota Land Cruisers for the district Campfire programmes.
The State is alleging that after the meeting, the quartet connived and hatched a plan to defraud the rural district  council.
It is alleged that on 12 January 2010, Zangari raised a fictitious DAP Diesel Injection and Electrical Services invoice, Number 013067, purporting that he had two Toyota Land Cruisers for sale to the Tsholotsho RDC valued at $26 000 and           $30 000.
He allegedly handed over the invoice to Moyo, Ndlovu and Muleya and the fictitious invoice was used to influence the release of $56 000 from the local authority’s CBZ Bank                       account in Bulawayo, the State will seek to prove. 
On 12 January 2010, Moyo, Ndlovu and Muleya allegedly fraudulently applied to CBZ Bank on a Tsholotsho RDC cash requisition form for the release of the money.
On 14 January 2010, Moyo went to Bulawayo in the company of Mr Bernard Moyo, the district Campfire chairperson whom he had collected from his homestead so that he could witness the withdrawal of the funds.
In Bulawayo, they met Ndlovu who later withdrew $56 000 from the council’s bank account.
After withdrawing the money, they went to DAP Diesel Injection and Electrical Services (Pvt) Ltd where zangari was introduced to Bernard as the car dealer who had sold the local authority two motor vehicles.
Ndlovu handed over the money he had withdrawn from the bank to Zangari who then raised an allegedly fictitious receipt, Number 3095, acknowledging receipt of $56 000 as the selling price for the two vehicles to the Tsholotsho RDC well knowing that he did not have the vehicles to sell, the State claims.
On 15 January 2010, Zangari went to Cox’s Car Sales (Pvt) Ltd in the city and bought a used Toyota Land Cruiser, 1990 model, for $11 000. He bought the vehicle on behalf of the Tsholotsho RDC and allegedly signed his names on behalf of the council.
On 19 January 2010, Zangari went to Tikays Car Sales (Pvt) Ltd, also in the city, and bought another Toyota Land Cruiser, 1993 model, for $13 000 and an agreement of sale between the car dealer and Zangari was made.
Zangari delivered the two vehicles to the Tsholotsho RDC and he remained            with a balance of $32 000, which they allegedly shared to the prejudice of the council.
The State will seek to prove that Moyo, Ndlovu and Muleya, who are signatories to the council’s CBZ Bank account, authorised the purchase of the two vehicles and the release of $56 000 without following the council’s laid down procedures for the procurement of council assets.
Mr Jacobus Petrus Oberholzer, of J.P. Oberholzer Legal Practitioners is representing Moyo. Advocate Sabelo Sibanda, of SKM Sibanda and Partners is defending Ndlovu.
Mr Christopher Dube-Banda, of Dube-Banda, Nzarayapenga and Partners is appearing for Muleya, and Mr Nathaniel Tawanda Mashayamombe, of Mashayamombe and Company is defending Zangari.