The ManicaPost
Ray Bande
Senior Reporter
CITY of Mutare mayor, Simon Chabuka, 10 councillors and former mayor, Blessing Tandi spent Wednesday night in police holding cells after they were arrested by the Zimbabwe Anti-Corruption Commission for inflating their allowances above the rates stipulated in a Ministerial directive, thereby prejudicing the local authority of $12 million.
Councillors, Farai Bhiza, Elizabeth Tsuro, Zwenyika Misi, Daniel Saunyama, Tsitsi Ziweya, Nomore Nyanhanda, Exavia Upare, Sekai Cathrine Mukodza, Thomas Nyamupanedengu, Calvin Matsiya, Chabuka and former mayor Tandi were granted $40 000 bail each when they appeared before Mutare provincial magistrate, Mr Richard Ramaboa yesterday (Thursday) for acting contrary to and inconsistent with their duties as public officers.
They were remanded to July 29.
Part of their bail conditions include not to interfere with State witnesses who include Mr Reuben Guni (Acting Finance Director), Mr Blessing Chafesuka (Acting Town Clerk) and Mr Takunda Nyamande (Acting Chamber Secretary) as well as to continue residing at their given addresses.
Mutare District prosecutor, Mr Tirivanhu Mutyasira said Local Government and Public Works Ministry in terms of Section 112 of the Urban Councils Act, Chapter 29:15 gave a directive to all town clerks, secretaries and chief executive officers of all local authorities through Circular dated March 18, 2020, reference Circular Number 12, on new allowances and perks for councillors which was inclusive of the rates to be used on councillors travel and subsistence allowances.
The circular reads: “In terms of the circular dated March 18, 2020, the travel and subsistence allowances for councillors shall be calculated in terms of the current Government rates plus 50 percent.”
Another circular dated August 21, 2020 further reviewed the travel and subsistence rates.
They were further reviewed again on November 16, 2020. Mr Mutyasira said: “On April 28, 2020, Mutare City Council in its regular full council meeting noted and adopted Circular Number 12 of 2020 which had been received from the Ministry of Local Government and Public Works, whose subject was on councillors allowances and perks.
On September 18, 2022, in its full council meeting, the council noted and adopted the review of the travelling and subsistence rates which were being done in line with the circular dated March 18, 2020.
“On February 26, 2021, Matsiya moved a motion to sanitise the ‘conflicting and selective travel and subsistence resolution dated August 21, 2020’.
“The motion was raised on the background that council had adopted a travel and subsistence policy that had been in use until the introduction of the August 21, 2020 circular.
“Matsiya said the policy had brought inconsistencies since they had also received Circular Number 12 to pay Government employees on duty at Mutare City Council,” said Mr Mutyasira.
It is alleged that Mr Chafesuka wrote a notice for a regular full council meeting to the accused persons and management informing them about a meeting that was scheduled for March 2, 2021.
On the agenda among other issues was the rescission of the council resolution on the adoption of Circular 12 of March 18, 2020.
“On March 2, 2021, the accused persons convened a Special Council Meeting at the Civic Centre and unanimously came up with a resolution which set aside Circular 12 of March 18, 2020 and adopted the use of a council policy on travel and subsistence rates which were higher than those set in the ministerial circular.
Blessing Tandi
“On March 8, 2021, the Acting Town Clerk wrote a letter to the Permanent Secretary in the Ministry of Local Government and Public Works seeking to adjust the councillors’ monthly allowances and travel and subsistence allowances following the resolution from the council.
“In the same letter, the Acting Town Clerk also sought clarity and advice on the interpretation of the purported conflicting circulars and the way forward on the implementation of the council resolution which rescinded the earlier adoption of Circular 12 of March 2020.” said Mr Mutyasira.
He added: “The Permanent Secretary responded to the letter and clarified the issues. He reiterated that travel and subsistence allowances had been set by the Ministry (Local Government and Public Works) in terms of Circular 12 of March 2020 and any variation was irregular.”
Despite guidance from the Permanent Secretary, the councillors, acting in common purpose disregarded the ministerial directive and instead passed a resolution to use higher rates to pay themselves hefty allowances.
“During the period from January 2021 to date, Mutare City Council is implementing their resolution disregarding Circular 12 of 2020 and are being paid travelling and subsistence allowances above the gazetted figures, thereby prejudicing Mutare City Council $12 264 290-66.
“The accused persons acted contrary to and inconsistent with their duties as public officers. Their actions were contrary to and inconsistent with their duties and in violation of Section 112 of the Urban Councils Act,” said Mr Mutyasira.
The councillors were represented by Mr Chris Ndlovu of Gonese and Ndlovu Legal Practitioners.
