The ManicaPost
Samuel Kadungure
Senior Reporter
THE Zimbabwe Anti-Corruption Commission (ZACC) this week descended on Rusape Town Council, and arrested six councillors as well as acting town secretary on allegations of criminal abuse of duty as public officers.
The seven are alleged to have showed favour in selecting lawyers who presided over the disciplinary hearing of former town secretary, Mr Solomon Gabaza.
Mr Gabaza was hauled before a disciplinary authority and lawyer, Mr Charles Kwaramba, of Mbidzo, Muchadehama and Makoni, while Mr Norman Mugiya, of Mugiya and Muvhami Law Chambers, prosecuted in a process that allegedly gobbled $1.3 million of ratepayers’ money. Mr Gabaza, who was represented by Sengwe Law Chambers, and accused of numerous acts of misconduct as enshrined in the National Employment Code of Conduct, was found guilty and subsequently dismissed after boycotting the disciplinary proceedings midway.
The hearing was held in Mutare following disturbances by some residents sympathetic to the former town secretary.
His dismissal is still to be endorsed by the Local Government Board, and the latest twist in the saga that has dragging on since May 11, 2020, has resulted in the arrest of councillors, Joseph Nyamupera (Ward Three), Ndabaningi Mataga (Ward Seven), Luckson Zengeni (Ward Nine), Patrick Chipere (Ward One), Elizabeth Chidza (Ward Four), Munyaradzi Chigwede (Ward Eight) and acting town secretary, Charles Chindenga.
Four councillors spent Tuesday night in police holding cells at Rusape Central Police Station, with Chigwede joining his counterparts on Wednesday morning.
Chidza, who is the only female councillor, was spared of incarceration on medical grounds.
She reported to the police on Wednesday morning. Council chairman, Lyton Sithole, who is also implicated in the case, was in Hwange attending the Urban Councils Association of Zimbabwe (UCAZ) meeting and was expected to appear in court yesterday (Thursday) with his counterparts.
Chindenga was arrested on Wednesday.
ZACC spokesperson, Commissioner John Makamure, on Wednesday confirmed the arrests.
“The accused persons, working in connivance, passed a resolution to by-pass the Procurement Act. The resolution was then used to handpick lawyers – Mugiya and Muchadehama – who then offered legal services worth $1 300 000, ignoring procurement threshold and tendering process. This, therefore, showed favour to the hand-picked lawyers. We expect them to appear at Rusape Magistrates’ Court,” he said.
The seven are being represented by Mr Leonard Chigadza, who said his clients were denying the allegations.
“It is true that ZACC has so far arrested six of the seven councillors, as the council chairman was away on council business. The accused persons are denying the allegations, arguing that they followed the la. They are sying it was necessary to make the now contentious resolution as the labour case involving the former town secretary had to be dealt with within the stipulated 14 days, whereas procurement takes longer.
“Basically, the full council acted out of necessity, and did not show any favour in handpicking the disciplinary authority and the prosecuting lawyers as alleged. The acting town secretary went on to implement the council resolution, and the labour case was executed within the stipulated time frame,” said Mr Chigadza.
When contacted for a comment, Sithole dismissed the allegations; saying they were meant to destabilise the council.
“They have arrested six councillors so far since I am away. Seven of us are implicated, as the other three councillors did not take part in the full council meeting that made the resolution. These allegations are baseless and calculated to destabilise the council. They are alleging council did not follow procedures in hiring legal services for the Gabaza case, but the truth of the matter is that the full council only made a resolution to the effect that council was supposed to procure legal services to handle the matter since the former town secretary could not be tried by his juniors.
“Councillors sat in the chambers, not in the procurement committee which selected the said law firms. That was the responsibility of the management, and from the facts I have, the process was done procedurally, and on several occasions officers from SACU and ZACC have investigated the same matter before and found nothing amiss. This is Gabaza’s way of fighting back,” said Sithole.
