adminLeonard Ncube in Victoria Falls
VICTORIA Falls Housing and Community Services director Lot Siatimbula who is facing criminal abuse of office charges after he allegedly allocated a housing stand to his brothers’ son without council approval, told the court there is nothing wrong with his actions because there is no policy stopping him.
Siatimbula, guided by his lawyer Mr Zibusiso Ncube of Ncube and Partners, was giving evidence as he defended himself in court on Friday. The allegations emanate from unprocedural handling of a residential stand in Victoria Falls in respect of his brother’s son Mr Sena Mumpande, where he allegedly made misrepresentations to council about the stand and attempted to coerce the chamber secretary Ms Kholwani Mangena to process an agreement of sale and later tried to reverse the process.
Mr Mumpande was supposed to buy the housing stand in question, stand number 1585 measuring 3300 square metres, at 25 percent of all costs excluding 15 percent VAT meaning he was to pay $15 815 of the total $48 410.
Siatimbula allegedly violated Section 4(D) (1) of the Victoria Falls Municipality Code of Conduct thereby making him liable to a criminal charge of abuse of office as a public officer.
Mr Mupande joined council as a general hand in May last year and wasn’t eligible for the 25 percent incentive meant for officials who would have served for two years.
Siatimbula allegedly paid $15 815 for the stand on 2 December and wrote to Mrs Mangena on 6 January instructing her to draw an agreement of sale alleging that Mr Mumpande had an offer letter.
The chamber secretary picked the anomaly and alerted town clerk Mr Ronnie Dube, leading to Siatimbula’s suspension on 14 February this year. Siatimbula, whose suspension is without pay and benefits, pleaded not guilty to the charges, alleging he is being victimised because of bad blood between him and the Town Clerk, as some senior council officials had also benefited similarly. He said his nephew qualified for the scheme just like other senior officials (names given).
“BB7 is a low density housing scheme which council resolved to develop through beneficiaries. There were three categories comprising those with provisional offer letters, those on waiting list and the general public,” he said.
Siatimbula said Mr Mupande benefitted in the third category hence there was no need for him to be on the waiting list.
Council alleges Siatimbula corruptly allocated the stand to Mr Mumpande and concealed the transaction in violation of Section 144 of the Urban Councils Act which compelled him to declare interest since the beneficiary was a relative.
“BB7 is a unique scheme with unique guidelines and people not on waiting list were considered provided they met other requirements and could pay $10 500 in five days.
“Council employees could benefit from scheme after serving for two years regardless of grade as the existing policy didn’t refer to grade. There are some who benefitted after serving for five months which means that the number of years isn’t an issue.
There are a number of junior officers who also benefitted,” he said.
Siatimbula denied concealing anything saying there was no reason for him to do so because council treasury department had accepted his (Mr Mumpande’s) money adding that a resolution pertaining to the stand wasn’t necessary.
Asked why Mr Mumpande’s name wasn’t included in the list supplied to management committee, Siatimbula said it was “possible for a name of a beneficiary to be omitted.”
Siatimbula said the fact that he paid for the stand on behalf of Mr Mumpande shouldn’t be an issue as council isn’t concerned about where beneficiaries get their money. He identified some senior council officials whose stands were paid for by third parties. Siatimbula accused the town clerk of frustrating him.
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