ZACC Arrests Two Senior Council Officers
8 June 2020
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Masvingo Mirror

ZACC Chairperson Justice Loice Matanda-Moyo

Chiredzi – Chiredzi Town Engineer Weisley Kauma and Town Planner Consider Kubiku who are facing criminal abuse of office charges appeared before a Chiredzi Magistrate on Wednesday where they were granted $10000 bail each.

The two who were arrested by a crack team from Zimbabwe Anti Corruption Commission (ZACC) on Tuesday appeared before Magistrate Joy Chikodzero facing four counts of Criminal abuse of duty as a public officers as defined in Section 174 of the Criminal Law (Codification and Reform) Act Chapter 9:23. 

It is the State case that sometimes in 2015 the two were involved in a collective bargaining process with Chiredzi Town Council which resolved that two medium density stands be sold to them at US$500 each. Kubiku drafted the offer letter for stand number 3609 without specifying the price of the stand and the expected period for payment. 

They took advantage of being council`s development control officers and proceeded to construct buildings at stands 3609 and 3610 without following council procedures for developing such stands which entails being fully paid up, authorization from housing director as well as other required procedures.

Kauma also unlawfully and unprocedurally allocated himself stand number 3451 in Tshovani without making any payment to council including purchase price. Kubiku who was the acting Housing Director at that time approved the proposed plan for the stand without verifying authenticity of ownership or payment for the stand.  Kauma went on to construct a house without paying any purchase price to council. On completion of the house he instructed Building Inspector Tinos Murombo to sign the certificate for occupation prejudicing council of the purchase price.

The state also alleged that as Acting Housing Director Kubiku also offered Kauma stand number 5332 in the Low Density area. Kauma did not take up the offer by paying the land purchase price to council and went on to construct a building fully aware that he is not the entitled owner of the residential stand and the construction was unlawful. Kubiku acted contrary and inconsistent of his duty of regulatory management and development control in ensuring that developments are for fully paid up land and when there is a waiver, it is authorized by a special council resolution.

On completion of construction of a building on the stand Kauma instructed Building Inspector Tinos Murombo to sign a certificate of occupation as if the building had been properly inspected and built on stand properly acquired from council.

The state further alleges that Kauma received another offer for stand number 4185 from the former Housing Director Gerazimos Bambazha. He paid US$200 for the stand whose cost was US$2000 leaving a balance of US$1800. He constructed a building against council requirement that a full purchase price should be paid before any developments on the stands and appropriate authority is obtained from council.

Kubiku turned a blind eye on developments on the stand fully knowing that the purchase price had not been paid and appropriate authority has not been given by council to commence development and proceeded to approve the building. 

Represented by Charity Chakauya of Muzenda and Chitsama Attorneys the two were remanded to July 3, 2020 on $10000 bail each. 

As part of their bail conditions, they were ordered to report every Friday at Chiredzi Police Station. They were also ordered not to interfere with witnesses.

David Tafangenyasha prosecuted.