mbulelo smpofu
Fairness Moyana in Hwange
SUSPENDED Hwange Local Board town secretary, Ndumiso Mdlalose who was arrested by the Zimbabwe Anti-Corruption Commission (Zacc) together with housing director Ananias Banda, for abuse of office, after they allegedly sold an industrial stand worth over US$1 million for US$20000 to a coal processing company were on Wednesday acquitted by a Hwange court.
Mdlalose (54) of Number 01 Sunset Close in Baobab suburb and Banda (51) of 08 Coronation Drive have been on bail since their arrest in May last year, before being subsequently suspended with pay by councillors.
However, following a lengthy trial, Mdlalose and Banda who were facing the serious charge, heaved a sigh of relief as Hwange regional magistrate, Mr Mark Dzira acquitted the duo, arguing that the State had failed to prove its case.
“The State in this case has failed to prove its case against the two accused persons in regard to the charges that they are facing. In light of the lack of evidence of wrong doing, this court is left with no choice but to acquit the two accused persons of the charges that they are facing,” he said as he handed down his ruling.
Allegations according to the prosecution led by Ms Memory Munsaka arose from the sale of a six-hectare industrial stand Number 7011 to Paarlweb Investments Pvt Ltd for US$20 000 at a cost of US$0.33 cents per square metre against a council resolution of selling the stand for US$1 983 600 at a cost of US$33.06 per square metre by the two.
Paarlweb, whose directors are Bruno Takawira and Portia Takawira wanted the piece of land to establish a coke oven battery and had initially applied for 20ha on 26 May 2022.
The council deliberated on the application on 8 July 2022 and resolved to place the issue on hold pending investigations by the Health, Housing and Community Services Committee which wanted to see the company’s environmental impact assessment report.
A special council board meeting on 26 July resolved to accept the application and to sell the stand at the prevailing cost.
The court heard that Mdlalose allegedly generated a letter dated 22 August confirming that Paarlweb had purchased the stand 7011 and had met all council requirements, fulfilled payments and council was processing Title Deeds.
On 29 August Mdlalose allegedly wrote to Paarlweb Investments Pvt Ltd advising them that the Local Board had proposed that they make an initial deposit of US$20 000 and the outstanding amount was to be in the form of council projects for a period of five years.
The same letter was copied to Banda to allocate the stand.
On 14 September of the same year, Banda allegedly instructed accounts clerk Prudencia Ngandu to generate an invoice for payment which she did the following day.
Paarlweb paid US$24 045 on 21 September, including administration fees (US$1 000) and VAT (US$3 045).
It had been further alleged that Mdlalose and Banda made their communication via WhatsApp, a social media multimedia messaging platform.
An investigation that subsequently led to the arrest of the council executives was initiated after some residents and stakeholders reported the matter to the anti-corruption body, ZACC.
The duo was represented by lawyers from Muvhiringi and Associates.
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